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
Sub Leg

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 The Dairy Industry (Imports and Exports) Regulations.2020

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 4. The objects of these Regulation shall provide for;

regulation
(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 5. A person intending to import or export dairy produce

importation

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

(b) ensure the dairy produce is imported and exported through a

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 The Dairy Industry (Imports and Exports) Regulations.2020

designated port.
(c) is a registered dairy business operator; and
(d) is in possession of a valid dairy regulatory permit
Permit required 6. (1) A person shall not import or export any dairy produce without a valid
for import and
export of dairy permit issued by the Board.
produce
(2) An application for the issuance of an import permit for dairy produce
shall be in Form A set out in the Schedule.

(3) An application for the issuance of an export permit for dairy produce
shall be in Form B set out in the Schedule.

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

Imposition of 7. A person who imports milk or any other dairy produce shall pay to the
import levy
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 8. (1) A person who fails to pay the import levy to the Board prior to the
remit import levy
release of the imported milk or dairy produce as provided under these
regulations shall, in addition to the levy,
be 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
twelve percent compound interest for each subsequent month or part of a
month in which the levy remains unpaid.
(2) The interest rates set out in sub regulations (1) (a) and 1 (b) are
monthly interest rates and not annual interest rates.

(3) 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.
(2) An export permit for dairy produce under these regulations shall be in
Form E set out in the Schedule.
Conditions for 11. (1) The Board shall, before issuing an import/export permit, consider:
issuance of
permit a) protection of the local market against dumping
b) deficit or surplus of the produce in the local market
c) any other demand of the primary producers, dairy business
operators and consumers

(2) 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
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 The Dairy Industry (Imports and Exports) Regulations.2020

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 12. (1) An importer, having met all the necessary requirements, shall be
certificate
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.

(2) 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 13. (1) A dairy inspector shall at any time seize, with intent to destroy, any
destruction of
imported dairy imported dairy produce, equipment, material or additives, which he has
produce 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.
(2) 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.

(3) 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.

(4) 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.

(5) 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.

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 The Dairy Industry (Imports and Exports) Regulations.2020

Dairy produce, 14. (1) No person may convey in transit through the country any dairy
dairy equipment,
materials and produce, dairy equipment material or additive except on the authority of a
additives in transit 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 15. A dairy inspector may at any time require a person in possession of dairy
dairy inspector
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 16. Any person who;

Penalties
(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 17. The Dairy Industry (Imports and Exports) Regulations is hereby
LN. No. 103 of
2004 revoked.
Sub Leg

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 The Dairy Industry (Imports and Exports) Regulations.2020

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 Value (C.I.F.) Kshs. (in Value: (in words)
consignment only) figures)

Quantity – Kg. (in Quantity – Kg.( In words)

figures)
Country of Destination: Date of Use by Date: Route of Import:
Origin*: Manufacture:
Point of Entry: Landing Date: Storage Town: Street/road:
Premises:
Warehouse No.
Date of last Quantity-Kg. Value Kshs.
Import: (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
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…………………...

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 The Dairy Industry (Imports and Exports) Regulations.2020

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……………………………………………………………………………………………………..
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.

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 The Dairy Industry (Imports and Exports) Regulations.2020

FORM B R 6(3)
THE DAIRY INDUSTRY (IMPORT/EXPORTS) REGULATIONS, 2020
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).
Part 1: To be completed by applicant
Application No.: Date:
Name of the exporter: PIN. No.:
Address: VAT NO.:
Tel. No.: Business Location:
E-mail Street/Road Town:
Commodity: (valid for one Value (C.I.F.) Kshs. (in Value: (in words)
consignment only) figures)
Quantity – Kg. (in Quantity – Kg.( In words)
figures)
Country of Destination: Date of Use by Date: Route of export:
Origin*: Manufacture:
Point of Exit: Shipment Date: Storage Town: Street/Road:
Premises:
Warehouse No.:
L.R./Plot No.:
Date of last Quantity-Kg. Value Kshs.
Export: (C.I.F.):
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.
Date…………………Signature of Applicant……...................…Designation…………………….

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 The Dairy Industry (Imports and Exports) Regulations.2020

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……………………………………………………………………………………………………..
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)

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 The Dairy Industry (Imports and Exports) Regulations.2020

FORM C R7

THE DAIRY INDUSTRY (IMPORT/EXPORTS) REGULATIONS, 2020

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 10% of CIF
consignment value
5. Milk Export per consignment 1,000
6. Regulatory Permit (Importers) fee 50,000
7. Regulatory Permit (Exporters) fee 1,000

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 The Dairy Industry (Imports and Exports) Regulations.2020

IMPORT PERMIT

FORM D R10(1)

THE DAIRY INDUSTRY (IMPORT/EXPORTS) REGULATIONS, 2020

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

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 The Dairy Industry (Imports and Exports) Regulations.2020

FORM E R10(2)
EXPORT PERMIT
THE DAIRY INDUSTRY (IMPORTS/EXPORTS) REGULATIONS, 2020
Export Permit for Dairy Produce
Export Permit No…………………………………………………………………………………...
This Permit is granted under the provisions of the Dairy Industry (Imports/Exports)
Regulations to:
Name………………………………………………………………………………………………..
Address…………………………………………………..Tel. …………………………………….
E-Mail………………………………………………………………………………………………
To export 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…………………………....

For Kenya Dairy Board

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

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 The Dairy Industry (Imports and 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. Product Quantity (Kg./litres)
1.
2.
3.
4.

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

Signature……………………………………………
Clearing Officer
Name………………………………………………..
Designation…………………………………………
Official stamp……………………………………......

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 The Dairy Industry (Imports and Exports) Regulations.2020

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………………………………………………………………………………………………
To export the products listed below
No. Product Quantity (Kg./litres)

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

Signature……………………………………………………………………………………………
Clearing Officer
Name…………………………………………Designation………………Official stamp…………
Dated the …………………………………………………………………………….2020

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 The Dairy Industry (Imports and Exports) Regulations.2020

FORM H R 14(2)
THE DAIRY INDUSTRY (IMPORT/EXPORTS) REGULATIONS, 2020
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).
Part 1: To be completed by applicant
Application No. : Date:
Name of the exporter: PIN. No.:
Address: VAT NO.:
Tel. No.: Business Location:
E-mail Street/Road Town:
Commodity: (valid for one Value (C.I.F.) Kshs. (in Value: (in words)
consignment only) figures)
Quantity – Kg. (in Quantity – Kg.( In words)
figures)
Country of Destination: Date of Use by Date: Route of export:
Origin*: Manufacture:
Point of Exit: Shipment Date: Storage Town: Street/Road:
Premises:
Warehouse No.:
L.R./Plot No.:
Date of last Quantity-Kg. Value Kshs.
Export: (C.I.F.):
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.
Date…………………Signature of Applicant……...................…Designation…………………….

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 The Dairy Industry (Imports and Exports) Regulations.2020

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……………………………………………………………………………………………………..
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)

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 The Dairy Industry (Imports and Exports) Regulations.2020

FORM I R 14(4)
TRANSIT PERMIT
THE DAIRY INDUSTRY (IMPORTS/EXPORTS) REGULATIONS, 2020
Transit Permit for Dairy Produce
Export Permit No…………………………………………………………………………………...
This Permit is granted under the provisions of the Dairy Industry (Imports/Exports)
Regulations to:
Name………………………………………………………………………………………………..
Address…………………………………………………..Tel. …………………………………….
E-Mail………………………………………………………………………………………………
To export 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…………………………....
For Kenya Dairy Board
Note-This Export Permit is subject to the regulations prescribed under the Dairy Industry
(Imports/Exports) Regulations, 2020

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

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