Dairy Industry (Imports and Exports) Regulations, 2004 (L.N. No. 103 of 2004)

LEGAL NOTICE No. 103 THE DAIRY INDUSTRY ACT (Cap. 336) IN EXERCISE of the powers conferred by section 19 of the Dairy Industry Act, the Minister for Livestock and Fisheries Development, on the advice of the Kenya Dairy Board, makes the following Regulations THE DAIRY INDUSTRY (IMPORTS AND EXPORTS) REGULATIONS, 2004 1. These Regulations may be cited as the Dairy Industry (Imports Citation and Exports) Regulations. 2004. 2. (I) No person shall import or export dairy produce without a Penni' required for permit issued by the Board. import and export (2) A permit shall be required for each consignment imported or exported. 3. (I) An application for the issue of an import permit shall be in Apphcation for apermh, form 1 in the Second Schedule. (2) An application for the issue of an export permit shall be in form 2 in the Second Schedule. (3) The applicant shall give to the Board such information and particulars as the Board may require. 4. (I) An import permit shall be in form 3 in the Second Form of permit. Schedule. (2) An export permit shall be in form 4 in the Second Schedule. 5. The fees set out in the First Schedule are prescribed as fees to Fees. be paid to the Board. 6. (I) The Board shall, before issuing the permit, take into Condnloes for issuance account the interests of other producers and consumers. of pennit. (2) An import permit shall not be issued unless the applicant obtains a no objection certificate from the veterinary department (which is the final authority on animal diseases) before a permit is issued. (3) An export permit shall not be issued unless the applicant obtains a veterinary approval that the milk to be exported is fit and that it meets the health requirements of the importing country. 7. An importer, having met all the necessary requirements, shall Clearancecertificale. be issued with a clearance certificate by the Board, in form 5 in the Second Schedule, at the port of entry or port of discharge. S. Any person who imports dairy produce shall, within seven Statement of partjculars days of a written notice issued by or under the authority of the Board, of dairy produce. deliver to the Board a statement in writing giving such information and particulars in relation to any dairy produce as may be required by the notice, and in particular and without prejudice to the generality of the foregoing, give information and particulars in relation to (a) the quantities of imported dairy produce held in stock previous to the notice or any other period as may be required by the Board, stating whether the dairy produce is held in bond or otherwise. and the date or dates of such importation; (b) the quantities of the dairy produce for which import orders have been placed, the anticipated date or dates of arrival in Kenya and the source of supply; (c) the intended destination of imported dairy produce and the names and addresses of the intended distributors, wholesalers or retailers thereof. 9. A person suspected to have imported dairy produce may be required to disclose to an inspector of the Board or any other authorized person, the source or sources of supply of the dairy produce and the date or dates of delivery and shall make that disclosure, if so required, in writing. 10. Any person who (a) contravenes regulation 3; (b) fails to comply with a notice issued under regulation 9; (c) supplies any information or particulars required to be made or disclosed under these regulations which is or are in any respect incorrect, inaccurate or misleading; or (d) fails to comply with any requirement of an inspector of the Board or any other person authorized by the Board under regulation 10; is guilty of an offence and shall, on conviction. be liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both. FIRST SCHEDULE FEES PAYABLE UNDER THESE REGULATIONS Item KSh. 1. Application fee 600 2. Fee for the issue of permit 1,000 SECOND SCHEDULE KENYA DAIRYBOARD FORM I APPLICATION TO IMPORT MILK ANDMILK PRODUCTS (Note: This is not an authorityta importmilkand milkproducts. The Import Permit is obtainable from the ChiefExecutive, Kenya Dairy Board after thisform hasbeenapprovedand onproductionof a Veterinary no. objection Certificate). Part I: To be completed by applicant Application No.: Date: Narne of the Importer PIN No,: Address: VAT No,: TeLNo.: BusinessLocation: E-mail: IStreet/Road: Town: Commodity: (validfor one consignment only) Value (C.I.F.) KSh. (in figures) Value: (in words) Quantity-Kg. (in figures) Quantity-Kg. (in words) Country of Origin": Destination: Date of Manufacture: Use by Date: Route of Import: Point of Entry: Landing Date: Storage Premises: Town: Street/Road: L.R./Plot No.. Warehouse No. Date of last Import: Quantity-Kg.. Value KSh. (C.l.F.): Purpose of Importation: Commercial/Donation/Domestic/Other (specify) (Tick where appropriate) Declaration: IIWe ...................................................................... the undersigned of ............................................... (Company Name) being the agent/principal of ............................................................................ (importer) do hereby declare that the information and particulars declared herein are true and complete and IIWe accept to comply fully with the conditions and requirements provided by the Dairy Industry Act or any other law relating to imports of dairy produce. Date ...................... ,........... Signature of Applicant. ...... ,................................. Designation .... ,.. , .......................... ,........... Note.-Part /: to be completed by the applicant. Misleading information in Part I may lead to invalidation of the application and/or prosecution. Part II: Evaluation-For Official Use Only for KENYA DAIRY BOARD. I haveexamined theapplication I recommend/do notrecommend 1 . ~...................................................................................................... ... 3 . Name . Signed , , , Date . This form is valid for three months only, for only one consignment from the date of approval. (Relevant Act: Caps. 364, 496, 336, 254, 242) *Countryof Origin-Primary source of theproduce. KENYA DAIRY BOARD FORM 2 APPLICATION TO EXPORT MILK AND MILK PRODUCTS (Note: This is not an authority to export milk and milk products. The Export Permit ~ obtainable from the Chief Executive. Kenya Dairy Board after this form has been approved and on production ofa Veterinary no. objection Certificate). Part I: To be completed by applicant Application No.: Date: Name of the exporter: PIN No.: Address: VAT No.: Tel. No.: Business Location: E-mail: \ Street/Road: Town: Commodity: (valid for one consignment only) Value (C.LF.) KSh. (in figures) Value (in words) Quantity-Kg. (in figures) Quantity-Kg. (in words) Country of Origin*: Destination: Date of Manufacture: Use by Date: Route of Export: Point of Exit: Shipment Date: Storage Premises: Town: Street/Road: L.R./Plot No.: Warehouse No.: Date of last export: Quantity-Kg.: Value KSh. (CLF.): Purpose of Exportation: CommerciallDonation/DomesticfOther (specify) (Tick where appropriate) Declaration: IlWe ... ..... ................. ................................... ...... The undersigned of ............................................... (Company Name) being the agent/principal of. ....................... ................. ............... .. ............... (Exporter) do hereby declare that the information and particulars declared herein are true and complete and IIWe accept to comply fully with the conditions and requirements provided by the Dairy Industry Act or any other law relating to exports of dairy produce. Date .................................. Signature of Apphcant............. ,....... ....... ,... ,....... Designation ............ ............................ I, Note.-Part I: to be completed by the 'applicant. Misleading information in Part 1 may lead to invalidation of the application and/or prosecution. Part II: Evaluation-For Official Use Only for KENYA DAIRYBOARD I have examined the application I recommend/do notrecommend I. ' '" '" , '" '" .. , . 1.............................................................................................. .. 3 .. Name , " . Signed Date . The forrn is valid for three months only, for only one consignment from the date of approval. (Relevant Act: Caps. 364, 496, ~36, 254, 242) "'Country of Origin-Primary source of theproduce.