NAIROBI, KENYA — A new legislative proposal aimed at regulating Kenya’s horticultural sector has been introduced, presenting a tough legal framework for flower and vegetable farmers. The Horticultural Crops Authority Bill of 2024, sponsored by Nominated MP Sabina Chege, seeks to enhance oversight across the industry, requiring all growers, processors, and marketers to adhere to stringent regulations.
Key Provisions of the Bill
The proposed legislation mandates the registration of all farmers, including smallholders and large plantations. This measure aims to create a comprehensive database of horticultural operators, facilitating better management and regulation of the sector.
Under the new bill, growers will be required to use agricultural inputs sourced exclusively from registered suppliers. Furthermore, the bill stipulates that no individual shall process, import, or export horticultural products without obtaining a government-issued license. This provision is designed to ensure quality control and compliance within the industry.
Licensing and Registration Requirements
Dealers operating in the horticultural sector will also face new requirements. They must register with the relevant county governments where their operations take place, a process that is expected to be free of charge. Exporters and importers will be mandated to secure licenses from the government, ensuring that all parties involved in the trade of horticultural products are accountable.
Violations of these regulations could result in significant penalties, including fines ranging from one million to two million shillings, or imprisonment for up to three years. According to the bill, “A person shall not process horticultural produce for local trade unless licensed by the respective county government.”
Financial Levies on Horticultural Products
The Horticultural Crops Authority Bill also introduces a levy system on both exports and imports of horticultural products. An export levy of 1.5 percent will be applied to all horticultural produce, although exemptions will be granted for canned, bottled, preserved, or dehydrated products.
Additionally, a four percent import levy will be imposed on finished horticultural products, while fresh produce will incur a two percent levy. The bill emphasizes that failure to pay these levies will constitute an offense, further tightening the regulatory grip on the industry.
County governments may also impose cess charges for the development of horticultural crops and market infrastructure, although produce designated for export will be exempt from such fees.
Strengthening the Horticultural Crops Authority
The legislation aims to elevate the Agriculture and Food Authority’s horticultural directorate into a full-fledged Horticultural Crops Authority. This new authority will be responsible for licensing and registering grower associations, dealers, and processors, and ensuring compliance with the regulations.
The authority will maintain a comprehensive database of marketing agents, ship handlers, clearing and forwarding agents, nursery operators, and packing facilities within the horticultural sector. Local county governments will also be tasked with registering marketing agents and packing facilities operating in the domestic market.
Should the bill be enacted, it will become illegal for anyone to pack, process, or store horticultural products at unlicensed facilities. This measure aims to enhance food safety and quality across the sector.
Impact on Various Crops
The proposed law encompasses a wide range of horticultural products, including apples, avocados, bananas, berries, citrus fruits, vegetables, herbs, and flowers. Non-compliance with the registration requirements could result in fines of one million shillings or a three-year prison sentence, underscoring the serious implications of the new regulations.
Flower firms, in particular, will be required to ensure the social welfare of their workers while committing to environmental protection and water conservation. These added responsibilities reflect a growing recognition of the importance of sustainable practices within the agricultural sector.
Stringent Inspection and Certification Processes
In a bid to enhance food safety standards, the bill outlines rigorous inspection protocols for imported crops. Before distribution, these crops will undergo inspections at the importer’s warehouse to ensure compliance with national, regional, and international food safety standards.
The legislation also mandates that all horticultural produce be branded with certification marks, including geographical indications, to signify their origin. Only products meeting established quality standards will be permitted for sale in both local and export markets.
To further ensure safety, crops must be handled in ways that prevent contamination. The proposed law prohibits the cultivation of horticultural crops in contaminated areas, including dumping sites or locations where sewage water is present.
Accountability and Enforcement
The bill empowers the new authority to conduct inspections and surveillance to identify and address any breaches of required standards. No horticultural produce will be labeled as “organic” without appropriate certification from the authority.
Dealers are also required to implement measures that trace the origins of their crops, ensuring transparency in the supply chain. Impromptu inspections will be carried out at collection centers, markets, and packing and storage facilities to ensure compliance with the regulations.
The government will maintain a register of marketing agents in the export market, as well as a database of nursery operators and packing facilities for both domestic and export markets.
Conclusion
The introduction of the Horticultural Crops Authority Bill of 2024 represents a significant shift in the regulatory landscape for Kenya’s horticultural sector. With stringent licensing requirements, financial levies, and robust inspection protocols, the bill aims to enhance quality control and sustainability in the industry.
As the bill progresses through the legislative process, stakeholders in the horticultural sector must prepare for the implications of these new regulations. The emphasis on accountability, food safety, and environmental sustainability reflects a growing commitment to ensuring the long-term viability of Kenya’s rich horticultural resources.
If enacted, this bill could reshape the horticultural landscape in Kenya, promoting responsible practices and safeguarding the interests of both producers and consumers in the process.
