218 Kenya Subsidiary Legislation, 2004 Legal Notice No. 102 THE

218

Kenya Subsidiary Legislation, 2004

Legal Notice No. 102

THE DAIRY INDUSTRY

(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 (SALES BY PRODUCERS)

REGULATIONS, 2004.

short title and citation. i. These Regulations may be cited as the Dairy Industry (Sales

by Producers) Regulations, 2004.

producer to hold a valid 2. (1) No person shall operate as a producer unless the person

licence holds a licence issued by the Board.

(2) Paragraph (1) does not apply to a dairy farmer unless the

dairy farmer also processes, manufactures, prepares -or treats dairy

produce for sale.

Application tor a licence. 3 . An application for a licence shall be in form 1 in the Second

Schedule.

Form of licence.

Fees.

Term of licence.

Interests of producers

and customers to be

considered.

4. (1) The following licences may be issued pursuant to an

application under regulation 3—

(a) primary producer licence;

(b) processor licence;

(,d) cottage industry licence;

(,e) milk bar licence; and

(/) cooling plant licence.

(2) A licence issued by the Board under this regulation shall be

as prescribed in form 2 in the Second Schedule.

5. The fees set out in the First Schedule are prescribed as fees to

be paid to the Board.

6. A licence issued under these regulations shall be valid for a

period of twelve months from the date of issue.

7. The Board shall, in considering an application, take into

account the interests of other producers and consumers in' respect of

which the application is made.

Conditions of licence. 8. The Board can—

(a) modify or vary the licence from time to time upon giving

thirty (30) day’s notice in writing to the licensee.

(b) cancel the licence if satisfied that there has been any material

error or omission in the facts stated in the application.

Kenya Subsidiary Legislation, 2004

219

of cess or any other sum due to the Board or arising from any

contractual arrangements with producers or their agents.

(d) cancel the licence if the licensee contravenes these

regulations.

9. The Board may refuse to issue a new licence or may suspend Refusal to gram or

or cancel an existing licence if the Board is satisfied that— renew licence.

(a) the producer’s standards of performance are unsatisfactory;

(b) the issue is not, or the suspension or cancellation, is in the

interest of other producers and of consumers;

$*3 ^ the aPP,icant or licensee has failed to remit, within the

prescribed period, any cess due by the applicant or licensee to

the Board; or

(<?) the applicant or licensee has not paid dairy farmers for milk

delivered to the applicant or licensee.

10. A person who contravenes regulation 2 (1) is guilty of an Penalty,

offence and shall, on conviction, be liable to a fine not exceeding ten

thousand shillings or to a term of imprisonment not exceeding one year

or to both.

11. The following are revoked: Revocation.

(a) the Dairy Industry (Sales by Producers) Regulations, sub-ieg.

L.N.259/1961; L.N. 210/1965;

(b) the Dairy Industry (Sales by Producers) Order, L.N. SUb-ieB ^

285/1961. 8

FIRST SCHEDULE

LIST OF FEES PAYABLE

UNDER THESE REGULATIONS

(r.5)

Item

KSh.

1. Application fee

600

2. Primary Producer licence fee

1,200

3. Processor licence fee

25,000

4. Mini dairy licence fee

6,000

5. Cottage industry licence fee

4,000

6. Milk bar licence fee

2,500

7. Cooling plant licence fee (below 5,000 litres)

1,000

8. Cooling plant licence fee (5,000 litres and above)

2,000

220

Kenya Subsidiary Legislation, 2004

SECOND SCHEDULE

(r. 2

FORM * KENYA DAIRY BOARD

P. O. Box 30406-00100 GPO TEL: 310559/335057 Fax: 244664

E-mail:

info@kdb.co.ke

Serial No:

APPLICATION FOR LICENCE TO PRODUCE/PROCESS/SELL/DISPOSE OF

DAIRY PRODUCE

To:

The Chief Executive

Kenya Dairy Board

P. O. Box 30406-00100 GPO 1 *

Nairobi

Dear Sir/Madam,

I (Name)

Address............................................................................Tel.No...............................................

E-mail

................

.........

Fax

..............................

hereby apply fo r.............................licence to

produce/process/sell/dispose of the quantities of dairy produce specified in column (1) of

the schedule to this application to the person (s) or class of persons specified in column

(2) of the said schedule within the area specified in column (3) on the said schedule tor

the period specified in column (4) on the said schedule.

Nature of Dairy

Produce

Column 1

Quantity

Per Day

Column 2

For sale to whom (and

whether Wholesale or

Retail)

Column 3

Area

Column 4

Period

Full name of business..................................................Location of Business

......................

Address.............................

........

........Tel

........................

Fax

.......................

E-mail

...............

........................................................................................Signature & Stamp.........................

(If signature is on behalf of a Limited Company, Estate or Partnership, this must be

stated)

Kenya Subsidiary Legislation, 2004

221

FOR OFFICIAL USE ONLY

1. Kenya Dairy Board Inspector’s Remarks

...............

Name

.............................................................

Signature & Stamp.,

2. Officer in Charge’s Remarks:

......................................................... .

............

Signature & Stamp..

Kenya Dairy Board Management Licensing Committee

Recommended/Deferred/Rejected

Signature

Form 2

KENYA DAIRY BOARD

LICENCE TO PRODUCE/PROCESS/SELL/DISPOSE OF DAIRY PRODUCE

Licence No.........................

Category.

Name

.....

Postal Address................................................................Physical Address.

Telephone No

..................................................................

E-mail

....................

Is hereby licensed to produce/process/sell/dispose of the quantities of dairy produce

specified in column 1 of the schedule to this licence to the person(s) or class of persons

specified in column 2 of the said schedule within the area specified in column 3 of the

said schedule for the period(s) specified in column 4 of the said schedule subject to the

following terms and conditions:

The Kenya Dairy Board reserves the right to modify or vary this licence from time to

time upon giving to the licensee thirty (30) day’s previous notice in writing.

This licence is subject to immediate cancellation if the Board is satisfied that there

has been any material error or omission in the facts stated in the application.

This licence is subject to immediate cancellation if the licensee is in default in the

payment of any cess or other sums due to the Board or arising from any contractual

arrangements with producers or their agents.

This licence is liable to immediate cancellation if the licensee contravenes any of the

conditions of the licence or otherwise acts in contravention of the Dairy Industry

(Sales by Producers) Regulations, 2004.

222

Kenya Subsidiary Legislation, 2004

COLUMN 1

Column 2

Column 3

Column 4

Nature of Dairy

Produce

Quantity

Per Day

For sale to whom (and

whether Wholesale or

Retail)

Area

Period

By Order of the Kenya Dairy Board.

Expiry Date................................................

for Kenya Dairy Board

Date of Issue

.......................................

Dated the 13th August, 2004.

J. K. MUNYAO,

Minister for Livestock and Fisheries Development.