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THE PLANT PROTECTION (TOBACCO) RULES, 1941
[Cap. 178 (1948) Sub. Leg., L.N. 49/1959, L.N. 593/1961, L.N. 365/1964.]
| 1. |
These Rules may be cited as the Plant Protection (Tobacco) Rules, and shall apply to the areas specified in the Schedule.
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| (1) |
Every grower of tobacco plants shall uproot and burn such plants and the stalks and residues thereof before such date as the Minister may from time to time appoint by notice in the Gazette.
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| (2) |
No person shall leave tobacco plants growing on land of which he is the occupier or owner before or after such date or between such dates as the Minister may from time to time appoint by notice in the Gazette.
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| 3. |
On land which has in any year borne tobacco of the type known as light flue-cured leaf, no tobacco shall be planted by any person in the following two years, except with the consent of the Director of Agriculture.
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| 4. |
On land which has within any period of twelve months borne tobacco of the type known as light flue-cured leaf, no other crop shall, except with the consent of an officer of the Ministry of Agriculture, be planted by any person within the same period of twelve months.
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SCHEDULE [r. 1]
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District
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Area
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Murang'a .........................................
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Kigwainis Location.
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Embu ................................................
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The whole of Embu District.
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Kitui ..................................................
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Changwithia, Nyambani and Matinyani Locations.
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Kirinyaga .........................................
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The whole of Kirinyaga District.
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Dates appointed under rule 2 of the above Rules
[Cap. 178 (1948), Sub. Leg., L.N. 365/1964.]
The 21st April is appointed as the date before which in every year every grower of tobacco plants in the Kigwainis Location of the Murang'a District or in the Embu District or the Kirinyaga District shall uproot and burn such plants and the stalks and residues thereof.
The 21st April and the 15th October are appointed as the dates between which no person shall in any year leave tobacco plants growing on land of which he is the occupier or owner in the Kigwainis Location of the Murang'a District or in the Embu District or the Kirinyaga District.
THE PLANT PROTECTION (FINES) RULES
| 1. |
These Rules may be cited as the Plant Protection (Fines) Rules.
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| 2. |
An inspector may, in his discretion, take such action as he may consider necessary to inspect, disinfect or treat any plant, part of a plant, seed or fruit (other than dried, canned or bottled fruits) imported.
[Infra.]
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| 3. |
For any inspection, disinfection or treatment carried out by an inspector under rule 2, or under paragraph 6 of the Plant Protection (Importation) Order, the following fines shall be imposed—
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Sh.
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(a) for the first bag, bundle, parcel or other package in any one consignment .....................................................
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10
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(b) for each subsequent bag, bundle, parcel or other package in the same consignment ........................................................
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2
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THE PLANT PROTECTION RULES
ARRANGEMENT OF RULES
PART III – MAIZE AND SORGHUM
SCHEDULES
THE PLANT PROTECTION RULES
| 1. |
These Rules may be cited as the Plant Protection Rules.
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PART II – GENERAL
| 2. |
The Cabinet Secretary may, by notice in the Gazette, prohibit the movement within Kenya of any plant or seed which is diseased or likely to spread disease, and may prohibit for any period the planting or growing of any crop or variety thereof which may be considered likely to hinder the prevention of the spread or the proper control of any disease or pest.
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| 3. |
Every occupier or, in the absence of the occupier, every owner of land shall report to the Director the occurrence of any pest or disease, and shall transmit to him specimens of such pest or diseased plant.
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| 4. |
An inspector may give such instructions as he may consider necessary for—
| (a) |
the disinfection, fumigation and treatment of any building, vehicle, aircraft or vessel suspected of being or having been used for the storage or conveyance of anything likely to infect any plant with disease or pest;
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| (b) |
controlling or destroying any pest;
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| (c) |
the disinfection, treatment, destruction or disposal of any unhealthy plant, or of any plant appearing to be infected with any disease or pest by ordering—
| (i) |
the disinfection or treatment of any such plant with a dressing composed of a suitable insecticide; or |
| (ii) |
the destruction by burning of any such plant; or |
| (iii) |
the disposal by some other suitable means of any such plant. |
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| 5. |
Where in any area the Cabinet Secretary is of the opinion that pests or diseases cannot otherwise be readily or adequately controlled or eradicated, he may, by notice in the Gazette, declare such area to be an infected area, and thereafter no person shall move or cause to be moved any plant specified in such notice from such area without the permission of the Director of Agriculture or an officer of the Ministry of Agriculture authorized by him.
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| 6. |
Where the Cabinet Secretary is of the opinion that any area is free from a particular pest or disease and that the movement of plants into that area from outside is likely to introduce that pest or disease into that area, he may by notice in the Gazette declare that no plant of any kind specified therein shall, except with the permission of the Director of Agriculture or an officer of the Ministry of Agriculture authorized by him in that behalf, be moved into the area, and thereafter no person shall move any such plant into the area without such permission.
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PART III – MAIZE AND SORGHUM
| 7. |
(1) The Cabinet Secretary may, by notice in the Gazette, prohibit the planting in the areas specified in the Schedule for all purposes or for any purpose specified therein of maize and sorghum between such dates as may be specified therein; and the notice may specify different dates for different areas.
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| 8. |
No occupier or in the absence of the occupier no owner of land shall permit any maize or sorghum of the description known as volunteer maize or sorghum, or any ratoons of sorghum, to grow or be grown on his land in any area set out in the Schedule.
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PART IV – COFFEE
| 9. |
If any coffee is found to be infested with an insect pest in a warehouse or coffee curing and cleaning factory, the keeper of such warehouse or coffee curing and cleaning factory shall forthwith notify the Director of the fact, and shall state the name of the owner of the plantation from which such coffee was delivered, and the Director or an inspector may order that the bags containing such infested coffee, and any other coffee immediately in contact with it, shall forthwith be effectively treated to his satisfaction for the destruction of such pest.
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| 10. |
(1) All loose coffee of every description on or near any railway station, godown or cleaning mill, or any other place where coffee may be spilled, shall be collected and roasted or burnt before the first day of the month next following the month in which it was spilled or found near such railway station, godown, cleaning mill or other place.
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PART V – LOCUSTS
| 11. |
In this Part—
"hoppers" means immature locusts that are not yet able to fly;
"locusts" means the insect Schistocerca gregaria, Locusta migratoria, Nomadacris septemfasciata, or any other species of the family Acridiidoe that have the swarming habit.
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| 12. |
(1) The occupier or owner of land on which locusts have deposited their eggs shall forthwith—
| (a) |
report such fact to the nearest police officer, administrative officer, agricultural officer or inspector and state the locality on such land where such eggs have been laid, and give such Information as may be required; and
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| (b) |
use his utmost endeavours to destroy such eggs.
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| 13. |
(1) As soon as any hoppers appear on any land, the occupier or owner thereof shall forthwith—
| (a) |
report such a fact to the nearest police officer, administrative officer, agricultural officer or inspector; and
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| (b) |
use his utmost endeavours to destroy such hoppers.
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| 14. |
(1) As soon as any flying locusts settle on any land the occupier or owner thereof shall forthwith—
| (a) |
report such fact to the nearest police officer, administrative officer, agricultural officer or inspector; and
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| (b) |
use his utmost endeavours to destroy such flying locusts.
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| 15. |
Where it appears to any District Commissioner, Government entomologist, agricultural officer, assistant agricultural officer or justice of the peace that for the effective destruction of hoppers or locusts in any area the employment of additional labour and supervisory staff is necessary, he may, by notice in writing, requisition from the occupier of any land the labour, or any portion thereof, employed or resident on such land, and may require such labour to proceed to the infested area and there assist in the destruction of hoppers or locusts for such period as may be required.
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| 16. |
Where, under the powers conferred by rule 15, labour is employed on land outside the occupation of the employer, the District Commissioner shall, from funds provided for the destruction of hoppers and locusts, on receipt of a claim therefor, pay to the employer the actual cost to him of such labour for such time as it is employed on hopper or locust destruction, together with the cost, if any, incurred by the employer in transporting the labour to and from the place of employment.
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| 17. |
No occupier or owner of land, as the case may be, shall be held liable under rule 12, 13 or 14 if he proves that he did not know of the presence on his land of the eggs of locusts, hoppers or flying locusts, as the case may be, and that it would have been unreasonable in all the circumstances of the case for him so to know.
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| 18. |
No person shall wilfully drive or attempt to drive or permit hoppers to be driven on to his neighbour’s land.
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Schedule [rr. 7 and 8]
The districts of Nakuru, Uasin Gishu, Trans Nzoia and Nandi.
The area of land forming part of the districts of Western Province the boundaries whereof, commencing at a beacon at the westernmost corner of L.R. No. 6439/2 on the generally south-eastern boundary of the Mount EIgon Forest Reserve;
run thence generally south-easterly along the part of the generally eastern boundary of Bungoma District, to the junction of Bungoma, Uasin Gishu and Kakamega District boundaries at the westernmost corner of L.R. No. 4099/3;
thence south-easterly and south-westerly along the part of the eastern boundary of Kakamega District to the junction of Kakamega, Uasin Gishu and Nandi Districts at the westernmost corner of L.R. No. 4130;
thence north-westerly by a straight line to the junction of the main Kakamega-Kitale road and the Turbo-Eldoret road at Matete, approximately four miles south-east of Broderick Falls Trading Centre;
thence generally northerly along part of the eastern boundary of the main Kakamega- Kitale road, through Broderick Falls Trading Centre, to its intersection with the Kimilil (Kabisi) river;
thence up-stream along that river to its intersection with the generally south-eastern boundary of the Mount Elgon Forest Reserve;
thence generally north-easterly along the latter boundary to the point of commencement.
These boundaries are more particularly delineated in red, on Boundary Plan No. 374, deposited in the Survey Records Office, Survey of Kenya, Nairobi, a copy of which is filed in the office of the Director of Agriculture, Nairobi.
PROHIBITIONS UNDER RULE 2 OF THE ABOVE RULES
[L.N. 216/1956, L.N. 294/1962, L.N. 35/1965, L.N. 163/1969.]
The planting and the growing of the crops specified in the First Schedule hereunder are prohibited in the area specified in the Second Schedule hereunder.
Agave sisalana.
Agave amaniensis.
Agave of any other species.
Furcraea gigantea.
Furcraea of any other species.
The area of land the boundaries whereof, commencing at the Trigonometrical Station, Chyulu, on the Chyulu or Ngulia Range;
run thence north-easterly by a straight line for a distance of approximately 32 miles to the confluence of the Masongoleni River and the Athi River;
then downstream by the course of the latter river to the confluence of the Mbololo River;
thence south-westerly by a straight line to a point in the vicinity of Kedai at the north end of the Sigaso-Kedai pipeline;
thence north-westerly by a straight line through Ngulia Hill to the point of commencement.
The above boundaries are more particularly delineated and edged green on Boundary Plan No. 339, which is deposited in the Survey Records Office, Survey of Kenya, Nairobi.
[L.N. 216/1956.]
The planting in the Nyanza Province of—
| (a) |
the Coimbatore varieties known as Co. 270, 290, 301, 312, 396 and 419;
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| (b) |
the Hawaiian varieties known as H.38/2915, 39/7028 and 44/3098,
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of sugar-cane, which are susceptible to "Smut" disease caused by Ustilago scitaminea, is prohibited, except when carried out by an officer of the Ministry for the purpose of research with the permission of the Cabinet Secretary.
The planting, inadvertent or otherwise, of prohibited varieties of sugar-cane which may be contaminants of non-prohibited varieties of sugar-cane is prohibited.
[L.N. 294/1962.]
The movement into and within the Nyandarua District of potatoes in amounts exceeding 14 Ib. is prohibited, except where the potatoes are certified to be free from bacterial wilt and a movement authority is issued by or on behalf of the District Agricultural Officer, Nyandarua.
[L.N. 35/1965.]
The planting of all plants of Pinus species in the area commencing at the easternmost corner of Dagoretti Forest (Map Reference BJ 424577 on 1/50000 Sheet 148/3 edition 8), thence generally southwesterly to the junction of the Embakasi and Dagoretti Forest Boundaries (Map Reference BJ 398558 on 1/50000 Sheet 148/3 edition 8), thence by the Masai-Kikuyu boundary to Trigonometrical point 148 U 75 (Map Reference BJ 293785 on 1/50000 Sheet 148/1 edition 6), thence easterly to meet the railway line north of Limuru Town (Map Reference BJ 380785 on 1/50000 Sheet 148/1 edition 6), thence southerly by the Nairobi-Nakuru road to a road junction (Map Reference BJ 429586 on 1/50000 Sheet 148/3 edition 8), thence southwesterly by the road forming the Nairobi Municipality Boundary to the point of commencement.
A copy of the map showing these boundaries may be inspected at the Ministry of Agriculture, Nairobi.
[L.N. 163/1969.]
INFECTED AREAS DECLARED UNDER RULE 5 OF THE ABOVE RULES
[G.N. 331/1950, L.N. 522/1957, L.N. 365/1964, Sch.]
The Coast Province is declared to be an infected area, infected with Scyphophorus acupunctatus, the Sisal Weevil, and no person shall move or cause to be moved from the Coast Province, without the permission of the Director of Agriculture or an officer of the Ministry of Agriculture, any plant of the following—
Agave sisalana (Sisal);
Agave amaniensis;
Agave, of any other species;
Furcraea gigantea (Mauritius Hemp);
Furcraea, of any other species.
[G.N. 331/1950.]
The Coast Province and the Nyanza Province and Western Province are declared to be an infected area, infected with Cosmopolites sordidus, the Banana Weevil, and no person shall move or cause to be moved from the area of the Coast Province and the Nyanza Province and Western Province, without the permission of the Director of Agriculture or an officer of the Ministry of Agriculture any plant of the following—
Banana, Musa all species (excluding Banana fruits for consumption).
[L.N. 522/1957, L.N. 365/1964, Sch.]
DECLARATIONS UNDER RULE 6 OF THE ABOVE RULES
[L.N. 153/1958, L.N. 177/1959, L.N. 558/1960.]
No plant of Coffea species shall, except with the permission of the Director of Agriculture or an officer of the Ministry of Agriculture authorized by him in that behalf, be moved into any of the following areas (being areas which in the opinion of the Cabinet Secretary are free from Coffee Berry Disease (Colletotrichum coffeanum))—
The districts of Taita, Machakos and Naivasha.
The following County Districts of the County of Nakuru—
Njoro Rural District;
Rongai Rural District;
Ravine Rural District;
Nakuru East Rural District.
The Turi-Elburgon Ward of the County of Nakuru.
The Municipality of Nakuru.
DATES APPOINTED UNDER RULE 7(2) OF THE ABOVE RULES
[Cap. 178 (1948), Sub. Leg. L.N. 365/1964.]
The dates specified in the second column hereunder are appointed as the dates before which in every year all maize and sorghum stalks, roots and other residues of maize and sorghum shall be destroyed in the areas respectively specified in the first column hereunder—
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Uasin Gishu District
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1st February.
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Nakuru District
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1st March.
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That part of the Kakamega District described in the Schedule to the rules
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1st February.
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Nandi District 1st February.
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1st February.
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Trans Nzoia District
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15th February.
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INFECTED AREAS DECLARED UNDER RULE 5 OF THE ABOVE RULES
The Coast Province is declared to be an infected area, infected with Scyphophorus acupunctatus, the Sisal Weevil, and no person shall move or cause to be moved from the Coast Province, without the permission of the Director of Agriculture or an officer of the Ministry of Agriculture, any plant of the following—
Agave sisalana (Sisal);
Agave amaniensis;
Agave, of any other species;
Furcraea gigantea (Mauritius Hemp);
Furcraea, of any other species.
[G.N. 331/1950.]
The Coast Province and the Nyanza Province and Western Province are declared to be an infected area, infected with Cosmopolites sordidus, the Banana Weevil, and no person shall move or cause to be moved from the area of the Coast Province and the Nyanza Province and Western Province, without the permission of the Director of Agriculture or an officer of the Ministry of Agriculture any plant of the following—
Banana, Musa all species (excluding Banana fruits for consumption).
THE PLANT PROTECTION- ORDER
| 1. |
This Order may be cited as the Plant Protection (Prohibition of Importation) Order.
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| 2. |
The importation of any rooting medium for plants which consists either wholly or in part of soil, whether or not it is attached to any plant, is prohibited.
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| 3. |
The importation of the following plants, including seeds thereof, is prohibited—
Indian Hemp (Cannabis sativa);
Coca (Erythroxylum coca);
Poppy (Papaver somniferum).
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PROHIBITIONS UNDER RULE 2 OF THE ABOVE RULES
IN EXERCISE of the powers conferred by rule 2 of the Plant Protection Rules, the Governor has been pleased to prohibit the crops specified in the First Schedule hereto from being planted or grown in the area described in the Second Schedule hereto.
First Schedule
Agave sisalana.
Agave amaniensis.
Agave of any other species.
Furcraea gigantea.
Furcraea of any other species.
Second Schedule
The area of land the boundaries whereof, commencing at the Trigonometrical Station, Chyulu, on the Chyulu or Ngulia Range;
run thence north-easterly by a straight line for a distance of approximately 32 miles to the confluence of the Masongoleni River and the Athi River;
then downstream by the course of the latter river to the confluence of the Mbololo River;
thence south-westerly by a straight line to a point in the vicinity of Kedai at the north end of the Sigaso-Kedai pipeline;
thence north-westerly by a straight line through Ngulia Hill to the point of commencement.
The above boundaries are more particularly delineated and edged green on Boundary Plan No. 339, which is deposited in the Survey Records Office, Survey of Kenya, Nairobi.
[L.N. 216/1956.]
The planting in the Nyanza Province of—
| (a) |
the Coimbatore varieties known as Co. 270, 290, 301, 312, 396 and 419;
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| (b) |
the Hawaiian varieties known as H.38/2915, 39/7028 and 44/3098,
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of sugar-cane, which are susceptible to “Smut” disease caused by Ustilago scitaminea, is prohibited, except when carried out by an officer of the Ministry for the purpose of research with the permission of the Minister.
The planting, inadvertent or otherwise, of prohibited varieties of sugar-cane which may be contaminants of non-prohibited varieties of sugar-cane is prohibited.
[L.N. 294/1962.]
The movement into and within the Nyandarua District of potatoes in amounts exceeding 14 Ib. is prohibited, except where the potatoes are certified to be free from bacterial wilt and a movement authority is issued by or on behalf of the District Agricultural Officer, Nyandarua.
The planting of all plants of Pinus species in the area commencing at the easternmost corner of Dagoretti Forest (Map Reference BJ 424577 on 1/50000 Sheet 148/3 edition 8), thence generally southwesterly to the junction of the Embakasi and Dagoretti Forest Boundaries (Map Reference BJ 398558 on 1/50000 Sheet 148/3 edition 8), thence by the Masai-Kikuyu boundary to Trigonometrical point 148 U 75 (Map Reference BJ 293785 on 1/50000 Sheet 148/1 edition 6), thence easterly to meet the railway line north of Limuru Town (Map Reference BJ 380785 on 1/50000 Sheet 148/1 edition 6), thence southerly by the Nairobi-Nakuru road to a road junction (Map Reference BJ 429586 on 1/50000 Sheet 148/3 edition 8), thence southwesterly by the road forming the Nairobi Municipality Boundary to the point of commencement.
A copy of the map showing these boundaries may be inspected at the Ministry of Agriculture, Nairobi.
THE IMPORTATION REGULATIONS (ZANZIBAR) ORDER
| 1. |
This Order may be cited as the Plant Protection (Importation from Zanzibar) Order.
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| 2. |
No person shall import or cause to be imported directly or indirectly from Zanzibar any—
| (a) |
part of a plant, seed, grain or crop;
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| (b) |
box, bag, sack or other container containing or having contained any part of a plant, seed, grain or crop;
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| (c) |
box, bag, sack or other container which may possibly contain the pest Trogoderma granarium or any other pest or any disease.
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without submitting the same to an inspector at the place of entry into Kenya within twenty-four hours of such entry.
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| 3. |
Where an inspector is satisfied that any part of a plant, seed, grain or crop, or any box, bag, sack or other container, imported from Zanzibar contains or may possibly contain the pest Trogoderma granarium or any other pest or any disease, he may—
| (a) |
detain the same in a suitable place; or
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| (b) |
destroy or cause the same to be destroyed without compensation to the owner or importer thereof if disinfection is impracticable or will not, in the opinion of the inspector, be a complete safeguard against the risk of the introduction or spread of any pest or disease, or if the delay caused by disinfection would give rise to the risk of the introduction or spread of any pest or disease; or
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| (c) |
disinfect or cause the same to be disinfected in any manner suitable at the cost of the owner or person importing the same.
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| 4. |
Where an inspector is satisfied that the plant, seed, grain or crop or the box, bag, sack or other container does not and is not likely to contain any pest or disease, he shall issue a certificate to that effect to the importer.
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| 5. |
An inspector may direct that any ship, vehicle or aircraft entering Kenya either directly or indirectly from Zanzibar be disinfected in a suitable manner within a time to be specified by him.
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| 6. |
Any box, bag, sack or other container containing or likely to contain any part of a plant, seed, grain or crop imported from Zanzibar by post or any other means, if not already submitted to an inspector by the owner or importer thereof, shall be delivered to an inspector by the Managing Director of the Kenya Posts and Telecommunications Corporation or the Commissioner of Customs and Excise without delay.
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THE IMPORTATION (MALT AND MALT BAGS) (TROGODERMA) ORDER
| 1. |
This Order may be cited as the Plant Protection (Importation of Malt and Malt Bags) Order.
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| 2. |
In this Order—
“certificate” means a certificate endorsed by and stamped with the official stamp of an official of the Ministry of Agriculture of the exporting country;
“date of shipping” means the date on which the malt or bag containing or having contained malt was placed on or in any ship, vehicle or aircraft for the purpose of transporting the same into Kenya.
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| 3. |
| (1) |
No person shall import or cause to be imported any malt or any bag containing or having contained malt unless such person is in possession of a certificate to the effect that—
| (a) |
the malt of any such bag has been fumigated within seven days before the date of shipment; or
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| (b) |
the malt has been treated and held at a temperature lethal to Trogoderma granarium and subsequently bagged in clean bags and stored to the satisfaction of the Ministry of Agriculture of the exporting country; or
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| (c) |
the malt and the premises in which it was prepared and stored have been found free from Trogoderma granarium.
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| (2) |
Every person who imports or causes to be imported any malt or any bag containing or having contained malt shall submit the same to an inspector at the place of entry into Kenya within twenty-four hours of such entry.
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| 4. |
| (1) |
Subject to the provisions of subparagraph (2), an inspector may—
| (a) |
order the disinfection of any malt or any bag containing or having contained malt which has been imported in contravention of the provisions of subparagraph (1) of paragraph 3;
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| (b) |
notwithstanding production of a certificate which complies with subparagraph (1) of paragraph 3, order the disinfection of any malt, or any bag containing or having contained malt, to which such certificate relates.
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| (2) |
Where, in the opinion of the inspector, such disinfection as aforesaid is impracticable or will not be a complete safeguard against the risk of the introduction or spread of the pest Trogoderma granarium, or the delay caused by such disinfection would give rise to the risk of the introduction or spread of the aforesaid pest, he may destroy such malt or such bag or cause the same to be destroyed without compensation to the owner or importer thereof.
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| 5. |
An inspector may direct that any ship, vehicle or aircraft found to contain living Trogoderma granarium insects in any stage of growth be disinfected in a suitable manner within a time to be specified by him.
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DECLARATIONS UNDER RULE 6 OF THE ABOVE RULES
IN EXERCISE of the powers conferred by rule 5A of the Plant Protection Rules, the Cabinet Secretary for Agriculture, Animal Husbandry and Water Resources hereby prohibits the movement of plants of Coffea species into the areas described in the Schedule hereto, being areas which in the opinion of the Minister are free from Coffee Berry Disease (Colletotrichum coffeanum).
Schedule
The Administrative Districts of Taita, Machakos, Meru and Naivasha.
The following County Districts of the County of Nakuru —
Njoro Rural District,
Rongai Rural District,
Ravine Rural District,
Nakuru East Rural District.
The Turi—Elburgon Ward of the County of Nakuru.
The Municipality of Nakuru.
THE PLANT PROTECTION ORDER
| 1. |
This Order may be cited as the Plant Protection Order.
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| 2. |
The abnormal conditions of plants specified in the First Schedule are declared to be diseases for the purposes of the Act.
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| 3. |
The pests specified in the Second Schedule are declared to be pests for the purposes of the Act.
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FIRST SCHEDULE [Para. 2]
DISEASES
| 1. |
The disease commonly known as Elgon Dieback.
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The disease commonly known as Elgon Dieback.
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Colletotrichum coffeanum
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Coffee Berry disease.
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Fusariun stillboides
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Coffee Bark Disease.
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Hemileia vastatrix
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Coffee Rust.
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Nemateospora coryli
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Coffee Bean disease.
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Prostephanus truncatus horn
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Greater grain borer.
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Pseudomonas solanacearum
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Baterial wilt of potatoes.
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Ustilago scitaminea
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Sugarcane smut.
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Mosaic virus of Sugar Cane.
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Tobacco Vein browning virus (Virus YN).
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SECOND SCHEDULE [Para. 3]
PESTS
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Othoptera:
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Locusta migratoria migratoriodes ................
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Migratory Locust.
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Nomadacris septemfasciata ................
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Red Locust.
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Schistocerca gregaria .........................
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Desert Locust.
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Thysanoptera:
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Diarthrothrips coffeae ....................
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Coffee thrips.
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Hemiptera:
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Adelges spp. .................................
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Woolly Aphids.
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Antestiopsis spp. ......................
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Coffee bug.
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Asterolecanium. coffeae ..................
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Star scale.
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Bemisia spp. ................................
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White fly.
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Lygus coffeae .............................
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Capsid bug of coffee.
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Pineu ssp. .....................
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Woolly Aphids.
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Planococcus spp. .....................
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Coffee mealybug.
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Cinara cupressi ...............
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Cypress aphid.
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Lepidoptera:
|
|
Anagasta Kuhniella Zeller ..............
|
Grain and Flour moth.
|
|
Aphomia gularis Zeller ...............
|
Almond moth.
|
|
Busseola fusca ................
|
Maize stem borer.
|
|
Cadra CauteIla Walker .......
|
Grain and Flour moth.
|
|
Chilo zonellus ...............
|
Maize stem borer.
|
|
Corcyra cephalonica Stainton ............
|
Grain and Flour moth.
|
|
Endrosis spp. ..........
|
White shouldered moth.
|
|
Ephestia calidella Guenee ...................
|
Grain and Flour moth.
|
|
Ephestia elutella Hubner ............
|
|
Epicampoptera andersoni ...........
|
Tailed caterpillar.
|
|
Gnorimoschema heliopa ...........
|
Tobacco stem borer.
|
|
Leucoptera spp. ............
|
Coffee leaf miner.
|
|
Parasa vivida ..................
|
Stinging caterpillar.
|
|
Platyedra gossypiella ......
|
Pink Bollworm.
|
|
Plodia interpunctella Hubner .......
|
Indian meal moth.
|
|
Sesamia calamistis ..........
|
Maize stem borer.
|
|
Sitotroga cerealella Olivier .......
|
Augoumois grain moth.
|
|
Coleoptera:
|
|
Acanthoscelides obtectus Say .........
|
Bean “weevil”.
|
|
Ahasverus advena Waltl ...........
|
Fungus beetle.
|
|
Alphitobius spp. ..............
|
|
Anthores leuconotus ........
|
White borer.
|
|
Apata monacha ................
|
Black borer.
|
|
Araecerus fasciculatus
|
|
|
Attagenus spp. .................
|
Carpet beetle.
|
|
Bixadus sierricola .............
|
West African borer.
|
|
Bruchus spp. ...................
|
Bean weevil.
|
|
Callosobruchus spp. .......
|
|
Carpophilus spp. .............
|
Flat grain beetle.
|
|
Caryedon gonagra Fabricius ..........
|
Groundnut seed beetle.
|
|
Cosmopolites sordidus .......
|
Banana weevil.
|
|
Cryptolestes spp. ...........
|
Flat grain beetle.
|
|
Dermestes spp. ...............
|
Hide beetle.
|
|
Dirphya nigricornis ..........
|
Yellow-headed borer.
|
|
Lasioderma serricome Fabricius .............
|
Tobacco beetle.
|
|
Necrobia rufipes Degeer ..........
|
Copra beetle.
|
|
Oryzaephilius spp. ..........
|
Saw toothed grain beetle.
|
|
Prostephanus truncatus horn ...............
|
Greater grain borer.
|
|
Ptinus spp. ......................
|
Spider beetle.
|
|
Rhizopertha dominica Fabricius ............
|
Lesser grain borer.
|
|
Scyphophorus acupunctatus ..............
|
Sisal weevil.
|
|
Sitophilus granarium Linnaeus ............
|
Granary weevil.
|
|
Sitophilus orysae Linnaeus ...........
|
Rice weevil.
|
|
Sitophilus Zeamais Motsch ...........
|
Maize weevil.
|
|
Stegobium paniceum Linnaeus ..............
|
Drug Store beetle.
|
|
Stephanoderes hampei ...........
|
Berry borer.
|
|
Tenebrio molitor Linnaeus .........
|
Meal worm.
|
|
Tenebrio obscurus Fabricius ..............
|
Meal worm.
|
|
Tenebroides mauritanicus Linnaeus ..............
|
Cadelle beetle.
|
|
Tribolium castaneum Herbst ............
|
Red flour beetle.
|
|
Tribolium confusum Jacquelin du Val ..............
|
Confused Flour beetle.
|
|
Plant Pests
|
|
Alectra vogelii
|
|
|
Cuscuta spp. ...................
|
Dodder.
|
|
Datura stramonium
|
|
|
Lolium temulentum .........
|
Darnel.
|
|
Opuntia inermis, and Opuntia stricta ..........
|
Prickly Pear.
|
|
Striga hermonthica ............
|
Striga weed.
|
THE PLANT PROTECTION (POTATOES) RULES 1967
| 1. |
These Rules may be cited as the Plant Protection (Potatoes) Rules.
|
| 2. |
No potatoes of the Bernadette and or Petra varieties shall be grown or moved into any of the areas specified in the Schedule.
|
| 3. |
Any person who contravenes the provisions of rule 2 shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months.
|
Schedule
| (i) |
The Kilifi District and the Taita District in the Coast Province. |
| (ii) |
The Embu District, the Meru District, the Kitui District and the Machakos District in the Eastern Province. |
| (iii) |
The Kirinyaga District and the Murang’a District in the Central Province. |
| (iv) |
The South Nyanza District in the Nyanza Province. |
THE PLANT PROTECTION (IMPORTATION OF TIMBER) ORDER
| 1. |
This Order may be cited as the Plant Protection (Importation of Timber) Order.
|
| 2. |
| (1) |
No consignment of timber grown in countries outside Kenya shall be permitted to enter Kenya unless accompanied by a certificate, signed by an inspector appointed under Gazette Notice No. 11463 of 1990, to the effect that such timber and any vehicles or vessels ussed for it's importation has received a mandatory insecticidal treatment under the supervision of the plant inspector.
|
| (2) |
The cost of the insecticidal treatment under paragraph (1) shall be borne by the importer.
|
|
THE PLANT PROTECTION (FEES AND CHARGES) RULES
| 1. |
These Rules may be cited as the Plant Protection (Fees and Charges) Rules.
|
| 2. |
The fees and charges for services rendered by the Kenya Plant Health Inspectorate Services shall be as specified in the Schedule to these Rules.
|
Schedule
Part A - Analytical Services
|
Analytical Sample
|
Analysis Requested
|
Charges (KSh.)
|
|
I. Fruits, vegetables and seed dressing
|
Dithiocarbamates
|
14,000
|
|
2. Fruits and vegetables (Ethyl acetate method)
|
Pesticide residues (screening)
|
22,000
|
|
3. Fruits and vegetables (Acetone method)
|
Pesticide residues (screening)
|
21,500
|
|
4. Water (DCM method)
|
Pesticide residues (screening)
|
17,500
|
|
5. Water Diethyl Ether method
|
Pesticide residues
|
15,000
|
|
6. Fruits and vegetables (HPLC method)
|
Pesticide residues (screening)
|
20,000
|
|
7. Soil & sediment (Ammonium chloride method)
|
Pesticide residues (screening)
|
20,500
|
|
8. Soils and sediment (Soxhlet method)
|
Pesticide residues (screening)
|
30,500
|
|
9. Animal tissue and fish
|
Pesticide residues (screening)
|
36,000
|
|
10. Cereals and seed (Soxhlet method)
|
Pesticide residues (screening)
|
31,500
|
|
11. Cereals and seed (Surface rinse analysis)
|
Pesticide residues (screening)
|
21,500
|
|
12. Formulated pesticide products
|
% Active ingredientingredient
|
2,500
|
|
13. Granular fertilizer, foliar fertilizers and manure
|
Nitrogen
|
3,100
|
|
pH
|
800
|
|
Phosphorous
|
1,500
|
|
Potassium
|
800
|
|
Calcium
|
800
|
|
Magnesium
|
800
|
|
Sulphur
|
1,000
|
|
Trace
|
800
|
|
Total
|
12,100
|
|
14. Animal feeds
|
Calcium
|
500
|
|
Phosphorous
|
1,000
|
|
Crude oil
|
2,200
|
|
Crude fibre/Ash
|
3,400
|
|
Crude protein
|
1,100
|
|
Moisture
|
300
|
|
Total
|
8,500
|
|
15. Plant tissue
|
Nitrogen
|
2,600
|
|
Phosphorous
|
800
|
|
Sodium
|
600
|
|
Potassium
|
600
|
|
Calcium
|
200
|
|
Magnesium
|
200
|
|
Zinc
|
600
|
|
Iron
|
600
|
|
Copper
|
600
|
|
Total
|
6,800
|
|
16. Soil analysis for fertility evaluation
|
2,500 per sample
|
|
17. Water analysis for irrigation suitability
|
3,500 per sample
|
|
18. Mycotoxin analysis
|
3,000 per sample
|
Part B - Charges on Phytosanitary Services
|
Item
|
Charges (KSh.)
|
|
I. Identification services for phytosanitary agents—
|
|
(a) Routine identification and diagnosis of fungi (simple without culture)
|
500
|
|
(b) Single identification and diagnosis of fungi requiring culturing and further investigation—
|
|
(i) Culture charges
|
1,500
|
|
(ii) Diagnosis requiring serology
|
3,000
|
|
(ii) Other specialized techniques
|
3,000
|
|
(iv) Fungal count per sample
|
500
|
|
(c) Diagnosis (aflatoxin test)
|
3,000
|
|
2. Identification and diagnosis of bacteria (simple, without culture)—
|
|
(a) Bacteria counts per sample
|
500
|
|
(b) Diagnosis requiring culturing and further Investigation
|
2,000
|
|
(c) Diagnosis requiring serology and other specialized techniques.
|
3,000
|
|
3. Identification and diagnosis of virus and other phytoplasma—
|
|
(a) Simple, routine tests
|
1,000
|
|
(b) Diagnosis using test plants
|
2,000
|
|
(c) Diagnosis using test serology per virus
|
1,500
|
|
(d) Additional diagnosis using other techniques eg. PCR per single virus.
|
3,000
|
|
4. Identification and diagnosis of Nematodes
|
|
(a) Soil analysis per sample
|
500
|
|
(b) Tissue analysis
|
1,000
|
|
(c) Nematode count per sample
|
500
|
|
5. Entomology Laboratories and Clinics—
|
|
(a) Identification/Diagnostic Services/Prescription
|
|
|
(i) Routine single identification and diagnosis
|
500
|
|
(ii) Detailed single identification and diagnostic requiring investigative work
|
1,000
|
|
(iii) Multiple pest species identification and diagnosis
|
2,000
|
|
6. Weed Science /Laboratory and Herbarium —
|
|
(a) identification/Diagnostic Services/ Prescription
|
|
|
(i) Routine single identification and diagnosis
|
500
|
|
(ii) Detailed single identification and diagnostic requiring investigative work
|
1,000
|
|
(iii) Multiple pest species identification and diagnosis
|
2,000
|
|
7. Consultancy and prescriptions
|
500
|
|
8. Virus clean up (per first 10 plants)—
|
4,000
|
|
(a) Sale of virus free plant (per plant)
|
50
|
|
(b) Maintenance of plants green house (propagating) per month
|
2,000
|
|
9. Phytosanitary (Plant Health) Inspections—
|
|
(a) Plant import permit
|
600
|
|
(b) (i) Phytosanitary certificate (Commercial commodities) excluding tea, coffee, herbs and spices for a period of two (2) years
|
1,000
|
|
(ii) Phytosanitary certificate (Research material)
|
500
|
|
(iii) Phytosanitary certificate for fresh produce
|
500
|
|
(iv) Fresh produce inspection
|
50 cents per kg (minimum charge of 100) + KSh. 500 per phytosanitary certificate
|
|
(v) Search fee for phytosanitary documents
|
200
|
|
(vi) Amendment/Replacement of phytosanitary documents
|
1000
|
|
(c) Inspection at ports of entry/exit (Nairobi)
|
1,000
|
|
(d) On-farm inspection including visits to open quarantine sites per hectare
|
1,000
|
|
(e) Plus additional charge per Ha. (Excluding charge of transport and subsistence)
|
2,500
|
|
(f) Premises/commodity inspection - Routine (Excluding transport costs and subsistence)
|
1,000
|
|
(g) Inspection of Quarantine facility
|
5,000
|
|
10. Farm visits
|
2,000
|
|
11. Nursery Inspections and Certification —
|
|
(a) Inspection
|
2,000
|
|
(b) Certification
|
5,000
|
|
(c) Renewal of certificate
|
1,000 per year
|
|
12. Grading and inspection services —
|
|
(a) Local tea and coffee for export—
|
|
|
(i) Per entry/consignee
|
20.000
|
|
(ii) Per Ex-ware-house export entry excluding tea, coffee, herbs and spices for a period of two (2) years
|
5,000
|
|
(b) Agricultural export products/ produce per entry or consignment for all articles declared for export (local or transit)
|
5,000
|
|
(c) imported agricultural produce/products per metric ton or kg for such products declared to be articles under the Act.
|
50 cts per kg.
|
|
(d) Agricultural imports on transit as listed in item 12(c) and any other produce per metric ton or per kg
|
50 cts per kg.
|
|
(e) Physical test/examination/ inspection—
|
|
|
(i) Empty ship inspection/survey
|
10,000
|
|
(ii) Large vessel (over 10,000 MT's)
|
5,000
|
|
(iii) Small vessel (less than 10,000 MT) (about, dhows, canoes)
|
1,000
|
|
(iv) Large containers (40 ft.) inspection (each)
|
1,000
|
|
(v) Small containers (2011) inspection (each)
|
500
|
|
(vi) Moisture content determination per sample
|
1,000
|
|
(vii) Large aircrafts (each)
|
3,000
|
|
(viii) Small aircrafts (and balloons) (each)
|
1,500
|
|
(x) sample of minor consignment for quality examination per consignment
|
5,000
|
|
13. Ensuring compliance to guidelines on wood packaging material —
|
|
(a) Application fee (non refundable)
|
1,875
|
|
(b) Authorization for treatment and marking fee
|
7,500
|
|
(c) Renewal fee (annually)
|
18,750
|
|
(d) Treatment 20 ft. container
|
5,000
|
|
(e) Treatment - dunage, planks, wooden boxes, wedges and others
|
3,000
|
|
(f) Marking—Standard Pallet charges per pallet
|
25
|
|
(g) Marking dunage, planks, wooden boxes, wedges and others per consignment
|
1,000
|
|
(h) Auditing and monitoring charges per audit
|
5,000
|
|
14. Transport cost per km
|
35
|
|
Item
|
Charges
|
|
I. Training—
|
|
(a) Locals Students
|
|
|
(i) Attachment
|
500 per day
|
|
(ii) Training
|
1,000 per day
|
|
(b) Others/non-students:
|
2,500 Per day
|
|
(c) International attachment, training and others:
|
$6,000 per month or $200 per day.
|
|
2. Consultancy–
|
|
(a) Local:
|
10,000 per day
|
|
(b) International:
|
$300 per day per person.
|
THE PLANT PROTECTION (IMPORTATION OF PLANTS, PLANT PRODUCTS AND REGULATED ARTICLES) RULES
ARRANGEMENT OF RULES
| 3. |
Importation to conform to Rules
|
| 4. |
Information on import requirements
|
| 5. |
Import permits and phytosanitary certificates
|
| 6. |
Declaration of arrival of plants, plant products etc. to an inspector
|
| 7. |
Inspection and inspection hours
|
| 8. |
Tests and follow up inspections
|
| 10. |
Notification of interceptions
|
| 11. |
Pest risk analysis and information
|
| 12. |
Import procedures and quarantines
|
| 13. |
Consignment for re-export
|
| 14. |
Consignment in transit
|
| 16. |
Authorities to assist and co-operate in minimizing threats from risks
|
| 17. |
Offences and penalties
|
THE PLANT PROTECTION (IMPORTATION OF PLANTS, PLANT PRODUCTS AND REGULATED ARTICLES) RULES
| 1. |
Citation
These Rules may be cited as the Plant Protection (Importation of Plants, Plant Products and Regulated Articles) Rules.
|
| 2. |
Interpretations
In these Rules, unless the context otherwise requires—
“Authorized Officer” means the Managing Director of the Kenya Plant Health Inspectorate Service;
“consignment” means a quantity of plants, plant products or regulated articles composed of one or more lots being moved from one country to another and covered by a single phytosanitary certificate;
“import permit” means an official document authorizing importation of a plant, plant product or regulated article in accordance with specified phytosanitary requirements;
“interception” means the refusal or controlled entry of an imported consignment due to failure to comply with phytosanitary rules;
“National Plant Protection Organization” means the Kenya Plant Health Inspectorate Service;
“pest risk analysis” means the process of evaluating biological or other scientific and economic evidence to determine whether a pest should be regulated and the strength of any phytosanitary measures to be taken against it;
“phytosanitary certificate” means the official document which attests to the phytosanitary status of any consignment affected by phytosanitary rules;
“phytosanitary certificate for re-export” means the official document which attests to the phytosanitary status of a consignment for re-export;
“phytosanitary measure” means any legislation or official procedure for the prevention of the introduction or spread of pests;
“plant product” means any unmanufactured material of plant origin including grain and those manufactured products that, by their nature or their processing, may create a risk of the introduction and spread of pests;
“plant quarantine procedures” means procedures followed for importation of riskassociated materials that require quarantine;
“point of entry” means an airport, sea port or land border point officially designated for the importation of consignments or entrance of passengers;
“provisional quarantine area” means an area where a quarantine pest is present and is being officially controlled on a temporary basis and may include among others, private farms and institutions;
“quarantine station” means an official station for holding plants, plant products or regulated articles under quarantine;
“quarantine pest” means a pest of potential economic significance to the area endangered and not yet present there, or present but not widely distributed and being officially controlled;
“regulated article” means any packaging, conveyance, container, soil and other organism, object or material capable of harbouring or spreading pests, that requires phytosanitary measures;
“standard operating procedures” means documented steps and sequences established and amended by the National Plant Protection Organization indicating the methods for enforcing of plant health measures;
“treatment” means an officially authorized procedure for the killing, removal or rendering of pests inactive or infertile;
“risk” means the possibility of an undesirable phytosanitary situation.
|
| 3. |
Importation to conform to Rules
A person shall not import a plant, plant product or regulated article except in the manner provided for under these Rules.
|
| 4. |
Information on import requirements
| (1) |
The National Plant Protection Organization shall from time to time provide information—
| (a) |
for the purposes of application for phytosanitary certificate and import permit; and
|
| (b) |
on the official designated points of entry for the importation of plant, plant product or regulated article.
|
|
| (2) |
The information shall be availed in print, electronic or any other form or manner that ensures access and use by intending applicants.
|
|
| 5. |
Import permits and phytosanitary certificates
| (1) |
A person shall not import a plant, plant product or regulated article unless that person has—
| (a) |
an import permit granted by the National Plant Protection Organization; and
|
| (b) |
the original phytosanitary certificate issued by the relevant authority of the exporting country.
|
|
| (2) |
Notwithstanding paragraph (1), the National Plant Protection Organization may, upon the written approval by the Authorized Officer, exempt a plant, plant product or regulated article from the requirement of obtaining an import permit or phytosanitary certificate.
|
| (3) |
An application for an import permit under paragraph (1)(a) shall be made to the National Plant Protection Organization in the prescribed form and the applicant shall pay the prescribed fees.
|
|
| 6. |
Declaration of arrival of plants, plant products etc. to an inspector
Any person who arrives in Kenya with a plant, plant product or regulated article whether as accompanied or checked-in baggage, shall declare such items to the inspector at the point of entry.
|
| 7. |
Inspection and inspection hours
| (1) |
An importer shall, report the arrival of any consignment of plants, plant products or regulated articles and apply for phytosanitary inspection to the inspector in charge of a point of entry.
|
| (2) |
An application for phytosanitary inspection under paragraph (1), shall be made in writing and delivered to the inspector in the prescribed form.
|
| (3) |
Where a person who is in charge of a point of entry has knowledge of the arrival of any plant, plant product or regulated article in Kenya, that person shall report such arrival to the inspector, and retain custody of the plant, plant product or regulated article, until the inspector approves its release.
|
| (4) |
An inspector shall inspect the plant, plant product, or regulated article at the point of entry and verify the documentation to ensure that the consignment complies with the import phytosanitary requirements.
|
| (5) |
Where a consignment is sealed and labeled, the National Plant Protection Organization may, upon application by the importer and payment of the prescribed fees, require an inspection to be carried out by the inspector at the final destination.
|
| (6) |
An inspection under paragraph (4) or (5) shall be carried out—
| (a) |
during regular business hours; or
|
| (b) |
at any other time upon the request of the importer and payment of the prescribed fee.
|
|
|
| 8. |
Tests and follow up inspections
The inspector shall on the basis of the import requirements and the nature of the imported material—
| (b) |
take samples for laboratory tests; and
|
| (c) |
undertake follow up inspection during active growth stages.
|
|
| 9. |
Import clearance
An inspector shall not allow the entry of any imported plant, plant product or regulated article into Kenya unless—
| (a) |
an importer has presented to the inspector permit, certificate and any other document; and
|
| (b) |
the plant, plant product or regulated article has been presented to and released by the inspector in accordance with these Rules.
|
|
| 10. |
Notification of interceptions
| (1) |
Where the inspector is satisfied that a consignment does not meet all the phytosanitary requirements, he shall intercept the consignment and notify the consignee and the relevant authority of the exporting country in writing.
|
| (2) |
A consignment that is intercepted under paragraph (1), shall be seized, detained and treated, disposed or destroyed.
|
| (3) |
An inspector who causes a consignment or plant, plant product or regulated article to be so seized, detained and treated, disposed of or destroyed shall, as soon as practicable, notify in writing the consignee through an interception notice.
|
|
| 11. |
Pest risk analysis and information
| (1) |
Where risk associated with the imported plant, plant product or regulated article is unknown, the National Plant Protection Organization shall undertake a pest risk analysis.
|
| (2) |
The National Plant Protection Organization may request for the pest risk analysis information from the relevant authority of the exporting country.
|
|
| 12. |
Import procedures and quarantines
| (1) |
Where upon conducting a pest risk analysis it is determined that the risks associated with importation of a plant, plant product or regulated article are—
| (a) |
minimal, the National Plant Protection Organization may grant importation permit;
|
| (b) |
substantially high, the National Plant Protection Organization may grant permit for importation under plant quarantine procedures;
|
| (c) |
very high, the National Plant Protection Organization shall prohibit the importation except for the purpose of restricted essential scientific research and experiment or education.
|
|
| (2) |
An inspector shall ensure that the importation of any plant, plant product or regulated article shall not present significant risk to agriculture or natural environment of Kenya and such plant, plant product or regulated article shall be subjected to the quarantine procedures specified in paragraph (1)(b).
|
| (3) |
The National Plant Protection Organization may, while undertaking a quarantine procedure use it’s standard operating procedures to designate any of its substation as a quarantine station or specific area or facility as a provisional quarantine.
|
| (4) |
Where a provisional quarantine facility has been designated within the property of the importer, the importer shall ensure that the product is not taken from the quarantine facility without the approval of National Plant Protection Organization.
|
| (5) |
The National Plant Protection Organization shall regularly review the situation of any quarantine area or facility and as soon as—
| (a) |
the relevant quarantine pest is eradicated; or
|
| (b) |
it is of the opinion that it is no longer appropriate for the quarantine to be maintained in respect of some or all of the affected area,
|
the National Plant Protection Organization shall, by written notice served on all affected owners or occupiers of any area or premises, lift the quarantine.
|
|
| 13. |
Consignment for re-export
| (1) |
Where a consignment imported for re-export is repacked or split up, but its phytosanitary integrity is not lost, the National Plant Protection Organization shall issue a phytosanitary certificate for re-export.
|
| (2) |
Where a consignment imported for re-export—
| (c) |
is exposed to infection or infestation by a pest,
|
the National Plant Protection Organization shall consider the consignment as if it was being exported from Kenya.
|
| (3) |
A re-export consignment shall be accompanied by its original phytosanitary certificates or a certified copy in addition to the re-export phytosanitary certificate.
|
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| 14. |
Consignment in transit
| (1) |
The National Plant Protection Organization shall not issue a phytosanitary certificate or a re-export phytosanitary certificate to an importer where a consignment is in transit through Kenya and the consignment has not been exposed to infestation or contamination by pest.
|
| (2) |
Where the consignment in transit is handled in such a manner that it loses its integrity or is exposed to infection or infestation by pest, it shall be considered as a consignment for export and a phytosanitary certificate shall be issued in accordance to these Rules.
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| 15. |
Importation of seeds
Any person who is importing seed shall, in addition to these Rules, comply with the requirements of the Seed and Plant Varieties Act (Cap. 326).
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| 16. |
Authorities to assist and co-operate in minimizing threats from risks
A person in charge of a point of entry shall—
| (a) |
assist the inspector in ensuring that no threat is caused to the plant resources of Kenya where waste is being disposed off from—
| (i) |
aircraft, ships, vehicles, rail and pleasure craft arriving in Kenya, |
| (ii) |
premises which process or wash imported plants, plant products, or regulated articles; |
|
| (b) |
assist the inspector in the performance of their function and exercise of their powers under these Rules by providing such facilities and assistance as the National Plant Protection Organization may require to implement these Rules.
|
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| 17. |
Offences and penalties
| (1) |
A person who contravenes any of the provision of these Rules commits an offence and shall be liable on conviction to a fine of two thousand shillings or imprisonment for a term not exceeding six months or both.
|
| (2) |
A plant, plant product or regulated article that has been imported into Kenya in contravention to the provisions of these Rules shall be—
| (a) |
intercepted and destroyed;
|
| (b) |
sent back to sender or origin; or
|
by the National Plant Protection Organization at the cost of the importer or the owner.
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