Dairy Industry (Imports and Exports) Regulations, 2021. Legal Notice no. 21/2021

7. (I) A buyer shall pay a seller for milk delivered in the month Prompt payment as provided in the contractual arrangements after the end of the month in which the supply is made. (2) Where a buyer defaults in paying the seller within time, the amount due shall attract simple interest on monthly basis, in accordance with the prevailing base rate published by the Central Bank of Kenya, till payment is made in full. (3) The seller may request the Board to intervene in any instance where the buyer fail or neglects to honor the contractual obligations regarding the payments of sum/s due to the seller.

7. A person who contravenes any of the provision of this General penalty regulation commits an offence and is liable on conviction to a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding one year or to both such fine and imprisonment. Dated the 9th February, 2021. PETER MUNYA, Cabinet Secretaryfor Agriculture, Livestock, Fisheries and Co-operatives. LEGAL NOTICE No. 21 THE DAIRY INDUSTRY ACT (Cap. 336) THE DAIRY INDUSTRY (IMPORTS AND EXPORTS) REGULATIONS, 2021 ARRANGEMENT OF REGULATIONS Regulation I-Citation. 2-Interpretation. 3-Application. 4-0bjects of the Regulations. 5-Requirements for imports and exports. 6-Import and export permit. 7-Conditions for grant of permit. 8-Compliance with relevant standards. 9-lmport levy and penalty for default. Kenya Subsidiary Legislation, 2021 143 10—Disclosure on dairy produce, materials, etc. 11—Seizure and destruction of irregular imports. 12—Transit permit. 13—Offences and penalties. 14—Forfeiture and destruction. 15—Revocation of Legal Notice number 103 of 2004 Schedule. SCHEDULE 144 Kenya Subsidiary Legislation, 2021 THE DAIRY INDUSTRY ACT (Cap. 336) IN EXERCISE of the powers conferred by Sectionl9 of the Dairy Industry Act, the Cabinet Secretary for Agriculture, Livestock, Fisheries and Cooperatives, on the advice of the Kenya Dairy Board makes the following Regulations — DAIRY INDUSTRY (IMPORTS AND EXPORTS) REGULATIONS, 2021

1. These Regulations may be cited as the Dairy Industry (Imports Citation and Exports) Regulations, 2021.

2. In these Regulations, unless the context otherwise requires — Interpretation "Act" means the Dairy Industry Act; Cap 336 "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to dairy industry; "dairy regulatory permit" means a permit issued by the Board under the relevant Regulations; "designated port" means the port by which the importer or exporter has indicated as the port of entry or exit for import or export of dairy produce; "export permit" means a permit issued under regulation 6; "import permit" means a permit issued under regulation 6; "relevant standards" mean the standards for the quality of the dairy produce, product or equipment used in the dairy industry, determined by the Kenya Bureau of Standards or a regional or international convention or protocol. "sanitary standards" means relevant standards and practices that established to protect food meant for human consumption from contamination.

3. These Regulations shall apply in respect to imports and Application exports of dairy produce.

4. The objects of these Regulation are to — Objects of the Regulations (a) provide the procedure for importing or exporting dairy produce; (b) ensure that dairy produce imports and exports meet the relevant standards; (c) to protect the Kenyan dairy industry against unfair trade practices or competition and dumping; (d) support government effort to guarantee food security and self-sufficiency.

5. A person who wishes to import or export dairy produce Requirements for import and export shall— Kenya Subsidiary Legislation, 2021 145 (a) ensure that the import or export meets the requirements of the relevant Standard; (b) ensure that the dairy produce is imported or exported through a designated port; (c) be a registered dairy business operator; and (d) have a valid dairy regulatory permit.

6. (1) A person shall not import or export dairy produce without Import and export permit a valid permit issued by the Board. (2) An application for an import permit for dairy produce shall be made to the Board by filling in and submitting Form A in the Schedule, and the applicant shall pay the fee set out in Form C of the Schedule. (3) An application for an export permit for dairy produce shall be by filling in and submitting Form B in the Schedule, and the applicant shall pay the fee set out in Form C of the Schedule. (4) The Board shall, upon receipt of an application consider it and communicate written decision to the applicant within 30 days, either granting the permit or declining to grant the permit. (5) The import permit and export permit shall be in Form D and Form E respectively, in the Schedule

7. (1) The Board shall, before issuing an import or export permit Conditions for grant of permit under regulation 6, consider the following factors-- (a) The need to prevent dumping of dairy produce or product into the country; (b) Whether there is deficit or surplus of the dairy produce in the Kenyan market; (c) risk involved in the importation or exportation of the dairy product; (d) any other relevant factor that the Board may think necessary to consider. (2) The Board may not issue an import permit unless the applicant obtains a certificate from the Directorate for the time being in charge of Veterinary Services that there is no objection to the proposed import. (3) That the milk to be exported meets the sanitary standards of the importing country. (4) Where a person has complied with all the import or export requirements set out under these Regulations, the Board shall issue an import clearance certificate in Form F, or an export clearance certificate in Form G, in the Schedule.

8. An importer or exporter of dairy produce, equipment, Compliance with relevant standards materials or additives shall, with respect to the dairy produce, 146 Kenya Subsidiary Legislation, 2021 equipment, materials or additives, comply with the requirements of the relevant standards.

9. (1) A person who imports dairy produce shall, before the Import levy & penalty for default release of the import to him or her, pay to the Board an import levy equivalent to ten per cent of the value of the import determined using the cost, insurance and freight basis. (2) A person who fails to pay import levy under regulation 8 shall, in addition to the levy, be liable to pay a penalty equivalent to 25% of the assessed levy for every month that the default continues.

10. A compliance officer may at any time require a person in Disclosure on Dairy produce, possession of dairy produce, materials, additives or dairy equipment, to materials, etc provide details of — (a) the source or destination thereof; (b) the quantity and value; and (c) the package, batch numbers and the date of delivery, and (d) the person so required shall provide the details either orally or in writing as the officer may require.

11. (1) A compliance officer may at any time seize any imported Seizure and destruction of dairy produce, equipment, material or additives, which he has received irregular imports credible information to the effect that it has been used or is about to be used in contravention of these regulations or any of the provisions of the Act. (2) A compliance officer who carries out seizure of imported dairy produce, material, additives or dairy equipment, the compliance officer shall issue seizure notice or receipt in accordance with the relevant Regulations. (3) The compliance officer shall, upon seizure or confiscation under this regulation, lodge a complaint on behalf of the Board at the nearest police station for possible criminal prosecution under these Regulations or any other legislation. (4) The criminal proceedings that may be instituted and the manner of dealing with the seized or confiscated dairy produce, equipment, material or additives, shall be in accordance with the provisions of this regulation or any other relevant legislation. (5) Despite paragraph (4) any destruction pursuant to this regulation which is likely to endanger the environment or public health shall only be carried out in compliance with any other written laws and shall be carried out at the expense of the owner or where the owner cannot be ascertained, at the expense of the person from whom confiscation is effected. (6) Where civil proceedings are commenced in respect to the seized or confiscated dairy produce, equipment, material or additives and a court issues restraining or other orders, the seized or confiscated dairy produce, equipment, material or additives shall be dealt with in Kenya Subsidiary Legislation, 2021 147 accordance with the orders or directions of the court.

12. (1) No person may convey by way of transit through Kenya Transit Permit any dairy produce unless the person has a valid transit permit issued by the Board. (2) An application for a transit permit referred to in sub- regulation 1 shall be made in Form H of the Schedule. (3) Any dairy produce in respect of which a transit permit referred to in paragraph (1) has been issued may only— (a) be introduced into the country through the port of entry specified in the permit; (b) transit the country within a period specified in such permit; (c) exit the country through the specified port of exit. (4) A transit permit shall be in Form I set out in the Schedule.

13. Any person who — Offences and penalties (a) imports, exports or attempts to import or export any dairy produce without a valid permit issued by the Board; (b) fails to comply with a notice issued under regulation 11; (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; (d) imports dairy produce, dairy equipment, materials or additives that do not meet the relevant standard, commits an offence and is liable upon conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year, or to both such fine and imprisonment.

14. Despite the provisions of regulation 13, the court may order Forfeiture and destruction forfeiture to the Board or the destruction of the illegally imported dairy produce material, equipment, additives or equipment.

15. The Dairy Industry (Imports and Exports) Regulations are Revocation of Legal Notice number 103 of hereby revoked. 2004 Sub Leg 148 Kenya Subsidiary Legislation, 2021 SCHEDULE FORM A (reg. 6(2) THE DAIRY INDUSTRY (IMPORT/EXPORTS) REGULATIONS, 2021 APPLICATION TO IMPORT DAIRY PRODUCE (The import permit is obtainable from the Managing Director, Kenya Dairy Board after this form has been approved and on production of a veterinary no objection Certificate). Part 1: To be completed by applicant Application No.: Date: Name of the Importer PIN. No.: Address: VAT NO.: Tel. No.: Business Location: E-mail Street/Road Town: Commodity: (valid for one Value (C.I.F.) KShs. Value: (in words) consignment only) (in figures) Quantity — Kg. (in Quantity — Kg.( In words) figures) Country of Destination: Date of Use by Date: Route of Import: Origin*: Manufacture: Point of Entry: Landing Date: Storage Town: Street/road: Premises: Warehouse No. Date of last Quantity-Kg. Value KShs. Import: (C.I.F.): Purpose of Importation: Commercial/Donation/Domestic/Other(Specify) (Tick where appropriate) Declaration: 1/We 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 1/we 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 1 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 DAIRY BOARD I have examined the application I recommend/do not recommend 1 2 3 Name Signed Date This form is valid for three months only, for only one consignment from the date of approval. (Relevant Act: 364,496,336,254,242) *Country of Origin — Primary source of the produce. Kenya Subsidiary Legislation, 2021 149 FORM B (reg. 6(3) KENYA DAIRY BOARD APPLICATION TO EXPORT DAIRY PRODUCE (The export permit is obtainable from the Managing Director, Kenya Dairy Board after this form has been approved and on production of a Veterinary no. objection Certificate). Part 1: 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 Value (C.I.F.) KShs. Value: (in words) one consignment only) (in figures) Quantity — Kg. (in Quantity — Kg.( In words) figures) Country of Destination: Date of Use by Date: Route of export: Origin*: Manufacture: Point of Exit: Shipment Storage Town: Street/Road: Date: Premises: Warehouse No.: L.R./Plot No.: Date of last Quantity-Kg. Value KShs. Export: (C.I.F.): Purpose of Exportation: Commercial/Donation/Domestic/Other(Specify) (Tick where appropriate) Declaration: 1/We 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 1/we 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 1 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 DAIRY BOARD I have examined the application I recommend/do not recommend 1 2 3 Name Signed . Date The form is valid for three months only, for only one consignment from the date of approval. (Relevant Act: Caps 364,496,336,254,242) 150 Kenya Subsidiary Legislation, 2021 FORM C (reg. 6(2)(3) THE DAIRY INDUSTRY (IMPORT AND EXPORTS) REGULATIONS, 2021 FEES PAYABLE ON IMPORT/EXPORTS Category of Fees Amount(KShs)

1. Application fee 1,000

2. Export permit fee 1,000

3. Import permit fee 5,000

4. Import permit levy per consignment 10% of CIF value

5. Regulatory Permit (Importers) fee 100,000

6. Regulatory Permit (Exporters) fee 1,000 FORM D (reg. 6(5) The Dairy Industry (Import/Exports) Regulations, 2021 IMPORT PERMIT FOR DAIRY PRODUCE Import Permit No Attached Certificate of no. objection No This Permit is granted under the provisions of the Dairy Industry (Imports/Exports) Regulations to: Name Address Tel Email To import the products listed below No. Product Quantity (Kg./litres) 1. 2. 3. 4. As per application No Dated 20 Conditions: This Permit shall expire on 20 Fee paid KShs Date of Issue 20 Kenya Subsidiary Legislation, 2021 151 For Kenya Dairy Board Note-This import permit is subject to the regulations prescribed under the Dairy Industry (Imports/Exports) Regulations, 2020. FORM E (reg. 6(5) The Dairy Industry (Imports and Exports) Regulations, 2021 EXPORT PERMIT FOR DAIRY PRODUCE Export Permit No This Permit is granted under the provisions of the Dairy Industry (Imports/Exports) Regulations to: Name Address Tel. E-Mail To export the products listed below: No. Product Quantity (Kg./litres) 1. 2. 3. 4. As per application No .Dated 20 Conditions: This Permit shall expire on 20 Fee paid KSh Date of Issue .20 ... For Kenya Dairy Board Note-This Export Permit is subject to the regulations prescribed under the Dairy Industry (Imports/Exports) Regulations, 2020. 152 Kenya Subsidiary Legislation, 2021 FORM F (reg. 7(4) KENYA DAIRY BOARD The Dairy Industry (Imports and Exports) Regulations, 2021 CLEARANCE CERTIFICATE FOR IMPORTED DAIRY PRODUCE This is to certify that the below named importer, having satisfied the conditions provided under the Dairy Industry (Import and Export) Regulations, 2021, is hereby cleared to release the dairy produce listed below: Name Address .Tel. E-Mail To import the products listed below No. Product Quantity (Kg./litres) 1. 2. 3. 4. As per application No Dated 20 Signature Clearing Officer Name Designation Official stamp FORM G (reg. 7(4) KENYA DAIRY BOARD The Dairy Industry (Imports and Exports) Regulations, 2021 CLEARANCE CERTIFICATE FOR EXPORTED DAIRY PRODUCE This is to certify that the below named importer, having satisfied the conditions provided under the Dairy Industry (Import and Export) Regulations, 2021, is hereby cleared to release the dairy produce listed below: Name Address .Tel. E-Mail To import the products listed below No. Product Quantity (Kg./litres) 1. 2. 3. 4. As per application No .Dated 20 Signature Clearing Officer: Kenya Subsidiary Legislation, 2021 153 Name Designation Official stamp Dated the 2021 FORM H (reg. 14(2) THE DAIRY INDUSTRY (IMPORT/EXPORTS) REGULATIONS, 2021 APPLICATION FOR TRANSIT PERMIT KENYA DAIRY BOARD (The Transit Permit is obtainable from the Managing Director, Kenya Dairy Board after this form has been approved and on production of a Veterinary no. objection Certificate). Part 1: 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 Value (C.I.F.) Kshs. Value: (in words) consignment only) (in figures) Quantity — Kg. (in Quantity — Kg.( In words) figures) Country of Destination: Date of Use by Route of export: Origin*: Manufacture: Date: Point of Exit: Shipment Storage Town: Street/Road: Date: Premises: Warehouse No.: L.R./Plot No.: Date of last Quantity-Kg. Value Kshs. Export: (C.I.F.): Purpose of Exportation: Commercial/Donation/Domestic/Other (Specify) (Tick where appropriate) Declaration: 1/We 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 1/we 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 1 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 DAIRY BOARD I have examined the application I recommend/do not recommend 1 2 3 Name Signed ...Date 154 Kenya Subsidiary Legislation, 2021 The form is valid for three months only, for only one consignment from the date of approval. (Relevant Act: Caps 364,496,336,254,242) FORM I (reg. 14(4) THE DAIRY INDUSTRY (IMPORTS/EXPORTS) REGULATIONS, 2021 TRANSIT PERMIT FOR DAIRY PRODUCE Export permit No This permit is granted under the provisions of the Dairy Industry (Imports and Exports) Regulations to: Name Address Tel. E-Mail To export the products listed below No. Product Quantity (Kg./litres) 1 2 3 4 As per application No Dated 20 Conditions: This Permit shall expire on 20 I' paid KSh Date of Issue 20 For Kenya Dairy Board Note-This Transit Permit is subject to the regulations prescribed under the Dairy Industry (Imports and Exports) Regulations, 2021 Dated the 9th February, 2021. PETER MUNYA, Cabinet Secretary for Agriculture, Livestock, Fisheries and Co-operatives.