the dairy industry (imports and exports) regulations · dairy industry (imports and exports)...

The Dairy Industry (Imports and Exports) Regulations.2020

LEGAL NOTICE NO…….

THE DAIRY INDUSTRY ACT (Cap. 336)

THE DAIRY INDUSTRY (IMPORTS AND EXPORTS) REGULATIONS, 2020

ARRANGEMENT OF REGULATIONS

Regulation 1. Citation 2. Interpretation 3. Application 4. Objects of the regulation 5. Conditions for importation 6. Permit required for import and export of dairy produce 7. Imposition of import levy 8. Failure to pay or remit import levy 9. Fees 10. Form of permit 11. Conditions for issuance of permit 12. Clearance certificate 13. Seizure and destruction of imported dairy produce 14. Dairy produce, dairy equipment, materials and additives in transit 15. Disclosure to dairy inspector 16. Offences and Penalties

17. Revocation of LN. No. 103 of 2004 b Leg

1


2


LEGAL NOTICE NO…….

THE DAIRY INDUSTRY ACT

(Cap. 336)

IN EXERCISE of the powers conferred by Section19(e) of the Dairy Industry Act, the Cabinet Secretary for Agriculture, Livestock and Fisheries, on the advice of the Kenya Dairy Board makes the following Regulations —

DAIRY INDUSTRY (IMPORTS AND EXPORTS) REGULATIONS, 2020 Citation 1. These Regulations may be cited as the Dairy Industry (Imports and

Exports) Regulations, 2020.

Interpretation 2. In these Regulations, unless the context otherwise requires-

Cap 336

“Act” means the Dairy Industry Act;

“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to dairy industry;

“material” means the matter from which a thing, object or substance is made

“equipment” means set of articles or physical resources serving to equip a person or thing

“additive” means a substance added to dairy produce in small quantities to improve ,preserve or otherwise enhance its value or formation;

Application

3. These Regulations shall apply in respect to import and export of dairy produce.

Objects of this regulation

4. The objects of these Regulation shall provide for; (1) mechanism for import and export of dairy produce, materials

additives and equipment, (2) ensuring that dairy produce, equipment, materials and additives into

and out of Kenya meet set standards to protect human health and environment

(3) protection of the local market against unfair trade practices and dumping

(4) food security and self sufficiency

Conditions for importation

5. A person intending to import or export dairy produce

a) ensure the dairy produce meet the requirements of the relevant Kenya standard.

3


) ensure the dairy produce is imported and exported through a designated port. ) is a registered dairy business operator; and ) is in possession of a valid dairy regulatory permit

Permit required for import and export of dairy produce

6. (1) A person shall not import or export any dairy produce without a valid permit issued by the Board.

) An application for the issuance of an import permit for dairy produce shall be in Form A set out in the Schedule.

) An application for the issuance of an export permit for dairy produce shall be

in Form B set out in the Schedule.

) The applicant shall give to the Board such information and particulars as set out in the schedule.

Imposition of import levy

7. A person who imports milk or any other dairy produce shall pay to the Board an import levy of ten per cent, of gross Cost, Insurance and Freight (CIF) being the landed value of the milk or dairy produce at the port of entry prior to the release of the milk or dairy produce.

Failure to pay or remit import levy

8. (1) A person who fails to pay the import levy to the Board prior to the release of the imported milk or dairy produce as provided under these regulations shall, in addition to the levy,

liable to pay a penalty of twenty-five percent for the first month or part of a month in which the levy remains unpaid and

elve percent compound interest for each subsequent month or part of a month in which the levy remains unpaid.

) The interest rates set out in sub regulations (1) (a) and 1 (b) are monthly interest rates and not annual interest rates.

) The penalties set out in sub regulation (a) and (b) above shall be charged on a monthly basis.

Fees

9. The fees payable under these regulations are in Form C set out in the Schedule.

Form of permit

10. (1) An import permit for dairy produce under these regulations shall be in Form D set out in the Schedule.

) An export permit for dairy produce under these regulations shall be in Form E set out in the Schedule.

Conditions for issuance of permit

11. (1) The Board shall, before issuing an import/export permit, consider: a) protection of the local market against dumping b) deficit or surplus of the produce in the local market

4


c) any other demand of the primary producers, dairy business operators and consumers

) An import permit shall not be issued unless the applicant obtains a no

-objection certificate from the Directorate for the time being in charge of Veterinary Services.

3) An export permit shall not be issued unless the applicant obtains approval

from the Directorate for the time being in charge of Veterinary Services that the milk to be exported meets the health requirements of the importing country.

Clearance certificate

12. (1) An importer, having met all the necessary requirements, shall be issued with an import clearance certificate by the Board, in Form F set out in the Schedule, at the port of entry or port of discharge.

) An exporter, having met all the necessary requirements, shall be issued with an export clearance certificate by the Board, in Form G set out in the Schedule, at the port of exit.

Seizure and destruction of imported dairy produce

13. (1) A dairy inspector shall at any time seize, with intent to destroy, any imported dairy produce, equipment, material or additives, which he has received 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.

) where a dairy inspector confiscates or seizes any imported dairy produce, material, additives and dairy equipment, for purposes of seizure, the dairy inspector shall issue a seizure notice to the person in possession of the dairy produce, material, additives and dairy equipment, in the manner set out in Form A of the schedule of the Dairy Industry (Dairy Inspectors) Regulations.

) Every seizure made under this regulation shall be reported without unnecessary delay to the nearest police station, who shall also be furnished with a copy of any written statement provided for in these regulations.

) 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.

) The destruction under sub regulation (4) shall be carried out at the expense of the owner.

6) Where legal proceedings had already been commenced in respect with the violation, whatever had been seized may be held as the court may direct.

5


Dairy produce, dairy equipment, materials and additives in transit

14. (1) No person may convey in transit through the country any dairy produce, dairy equipment material or additive except on the authority of a permit issued by the Board.

(2) An application for a transit permit referred to in sub-regulation 1 shall be made in the prescribed manner as specified in Form H of the schedule.

(3) Any dairy produce, dairy equipment, material or additive in respect of which a transit permit referred to in sub-regulation (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 a specified port of exit.

(4) A transit permit for dairy produce, dairy equipment, material or additive under these regulations shall be in Form I set out in the Schedule.

Disclosure to dairy inspector

15. A dairy inspector may at any time require a person in possession of dairy produce, materials additives and dairy equipment to disclose the source of supply of the dairy produce, dairy equipment, materials and additives, quantity and value of produce, produce type and package, batch numbers and the date or dates of delivery and shall make that disclosure, if so required, in writing.

Offences and Penalties

16. Any person who; (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 10; (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 Kenya standard;

commits an offence and shall be liable upon conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three years, or to both.

(e) Notwithstanding the provisions in regulation (11), the court may

order forfeiture to the state or destruction of the illegally imported dairy produce, material, equipment additives or equipment.

Revocation of LN. No. 103 of 2004

17. The Dairy Industry (Imports and Exports) Regulations is hereby revoked.

6


Sub Leg

SCHEDULE

FORM A R 6(2)

THE DAIRY INDUSTRY (IMPORT/EXPORTS) REGULATIONS, 2020

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 consignment only)

Value (C.I.F.) Kshs. (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:

Warehouse No.

Date of last Import:

Quantity-Kg. Value Kshs. (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

7


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……………………………………………………………………………

8


………………………..

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.

9


FORM B R 6(3)


APPLICATION TO EXPORT DAIRY PRODUCE

KENYA DAIRY BOARD

(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).


Application No.: Date:

Name of the exporter: PIN. No.:

Address: VAT NO.:





Value: (in words)



Country of Origin*:


Use by Date: Route of export:

Point of Exit: Shipment Date:

Storage Premises:

L.R./Plot No.:

Town: Street/Road:

Warehouse No.:

Date of last Export:


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.

10


Date…………………Signature of Applicant……...................…Designation…………………….





1……………………………………………………………………………………………………..

2……………………………………………………………………………………………………..

3……………………………………………………………………………………………………..

11


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)

12


FORM C R7


FEES PAYABLE UNDER THESE REGULATIONS PER CONSIGNMENT

Category of Fees Amount

(Kshs)

1. Application fee 1,000

2. Export permit fee 1,000

3. Import permit fee 5,000

4. Milk Import permit per consignment

10% of CIF value

5. Milk Export per consignment 1,000

6. Regulatory Permit (Importers) fee 50,000

7. Regulatory Permit (Exporters) fee 1,000

13


IMPORT PERMIT

FORM D R10(1)


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………………………………………….

E-mail……………………………………………………………………………………………….

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 KSh………………………………………………………………………………………..

Date of Issue………………………………………………………..20……………………………

……………………………………………………

14


For Kenya Dairy Board

Note-This import permit is subject to the regulations prescribed under the Dairy Industry (Imports/Exports) Regulations, 2020.

FORM E R10(2)

EXPORT PERMIT

THE DAIRY INDUSTRY (IMPORTS/EXPORTS) REGULATIONS, 2020

Export Permit for Dairy Produce

Export Permit No…………………………………………………………………………………...


Regulations to:

Name………………………………………………………………………………………………..

Address…………………………………………………..Tel. …………………………………….

E-Mail………………………………………………………………………………………………

To export the products listed below

No.


1.

2.

3.

4.

As per application No………………………………..Dated……………….20……………………

Conditions:

………………………………………………………………………………………………………


Fee paid KSh………………………………………………………………………………………..

Date of Issue………………………………………………………..20…………………………....

15



Note-This Export Permit is subject to the regulations prescribed under the Dairy Industry (Imports/Exports) Regulations, 2020

FORM F R12(1)

CLEARANCE CERTIFICATE

KENYA DAIRY BOARD

The Dairy Industry (Imports and Exports) Regulations, 2020

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, 2020, is hereby cleared to release the dairy produce listed below:

Name………………………………………………………………………………………………..

Address…………………………………………………..Tel. …………………………………….

E-Mail………………………………………………………………………………………………

To import the products listed below

No.


1.

2.

3.

4.

As per application No………………………………..Dated…………………….20………………

16


Signature……………………………………………

Clearing Officer

Name……………………………………………….. Designation…………………………………………

Official stamp……………………………………......

17


FORM G R 12(2)

KENYA DAIRY BOARD

The Dairy Industry (Imports and Exports) Regulations, 2020

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, 2020, is hereby cleared to release the dairy produce listed below:

Name………………………………………………………………………………………………..

Address…………………………………………………..Tel. …………………………………….

E-Mail………………………………………………………………………………………………


No. Product Quantity (Kg./litres) As per application No………………………………..Dated…………………………….20………

Signature……………………………………………………………………………………………

Clearing Officer

Name…………………………………………Designation………………Official stamp…………

Dated the …………………………………………………………………………….2020

18


FORM H R 14(2)


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).


Application No. : Date:

Name of the exporter: PIN. No.:

Address: VAT NO.:





Value: (in words)



Country of Origin*:


Use by Date: Route of export:

Point of Exit: Shipment Date:

Storage Premises:

L.R./Plot No.:

Town: Street/Road:

Warehouse No.:

Date of last Export:


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.

19


Date…………………Signature of Applicant……...................…Designation…………………….





1……………………………………………………………………………………………………..

2……………………………………………………………………………………………………..

3……………………………………………………………………………………………………..

20


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)

21


FORM I R 14(4)

TRANSIT PERMIT

THE DAIRY INDUSTRY (IMPORTS/EXPORTS) REGULATIONS, 2020

Transit Permit for Dairy Produce

Export Permit No…………………………………………………………………………………...


Regulations to:

Name………………………………………………………………………………………………..

Address…………………………………………………..Tel. …………………………………….

E-Mail………………………………………………………………………………………………


No.


1.

2.

3.

4.

As per application No………………………………..Dated……………….20……………………

Conditions:

………………………………………………………………………………………………………


Fee paid KSh………………………………………………………………………………………..

Date of Issue………………………………………………………..20…………………………....


Note-This Export Permit is subject to the regulations prescribed under the Dairy Industry (Imports/Exports) Regulations, 2020

Dated the ………………………………………………………………………….2020

22


Peter Munya

Cabinet Secretary for Agriculture, Livestock, Fisheries and Co-operatives

23

the dairy industry (imports and exports) regulations · dairy industry (imports and exports)...

Documents