Kenya to implement stricter horticulture regulations to ensure food safety

KENYA – Kenya is moving forward with a new legislative framework aimed at tightening regulation within its horticulture sector.

The 2024 Horticultural Crops Authority Bill, proposed by MP Sabina Chege, is set to bring changes that will affect all players, including growers, processors, marketers, and exporters of fruits, vegetables, and flowers.

These regulations are expected to promote compliance with food safety standards and boost the sector’s contribution to the Kenyan economy.

The proposed bill mandates that all horticulture dealers must obtain licenses from the newly formed Horticultural Crops Authority or their respective county governments.

The bill introduces a comprehensive registration system, stating that certificates will be issued to those who meet the registration requirements. These licenses will remain valid for a fiscal year, from July 1st to June 30th of the following year, unless revoked earlier.

Strict penalties have been outlined for non-compliance. Those who violate the bill’s provisions could face fines of up to KES 1 million (USD 7,766) or imprisonment for up to three years, or both. “This move will strengthen accountability and ensure the sector meets the highest standards,” MP Sabina Chege commented.

Another significant element of the bill is the introduction of a levy on horticultural exports and imports. The rate for exports is set at 1.5%, while import levies will vary depending on the state of the produce.

This levy aims to support the regulatory authority’s operations while also encouraging quality improvement across the sector.

The bill also proposes elevating the Agriculture and Food Authority’s horticultural directorate to a full-fledged authority. This upgrade will give the body the responsibility of enforcing compliance, conducting inspections, and issuing licenses to key players in the industry.

Clarifications from AFA on Food Safety Standards

Meanwhile, the Agriculture and Food Authority (AFA) had made efforts to clarify misunderstandings surrounding the horticultural safety standards, particularly KS 1758.

Reports had surfaced suggesting that the government’s regulations could prevent over three million small-scale farmers from supplying fruits and vegetables due to the costs and restrictions associated with certification.

Addressing the concerns, AFA emphasized that KS 1758 is voluntary, offering an option for farmers to improve their practices. “The Standard provides an opportunity for farmers to choose certification, but it does not prevent any farmer from producing or supplying horticultural products,” the AFA stated. This clarification reassures that small-scale farmers will not be excluded from the market.

The KS 1758 Standard was initially introduced to address food safety issues, particularly for locally consumed produce, which accounts for 95% of Kenya’s total horticulture production.

“By applying the same safety and quality standards to local produce as we do to exports, we aim to close the gap and ensure that all Kenyans benefit from safe, quality produce,” AFA added.

Certified farmers will likely have better access to export markets, giving them a competitive edge, while the certification process remains voluntary for smaller farmers producing for local markets.

AFA also clarified that the National Environment Management Authority (NEMA) licenses are only required for large-scale farmers whose activities pose a significant environmental impact. Small-scale farmers are exempt unless they choose to pursue certification.

To reduce costs, AFA is encouraging group certification schemes, which can significantly lower the expense for individual farmers. “Group certification is an option that can help farmer’s pool resources, making certification more affordable,” AFA explained.