Related documents
- Is amended by 24th Annual Supplement
- Is amended by Kenya (Amendment of Laws) (Written Laws) Order, 1963
- Is commenced by Days Appointed for the Commencement of the Act Under Section 1(2)
LAWS OF KENYA
DAIRY INDUSTRY ACT
CAP. 336
- Assented to on 11 August 1958
- Commenced on 19 August 1958 by Days Appointed for the Commencement of the Act Under Section 1(2)
- [Amended by Statute Law (Miscellaneous Amendments) Ordinance, 1961 (Act No. 15 of 1961) on 8 August 1961]
- [Amended by Dairy Industry (Amendment) Act, 1963 (Act No. 26 of 1963) on 27 August 1963]
- [Amended by Statutory Commodity Boards (Amendment of Laws) Act, 1963 (Act No. 45 of 1963) on 10 December 1963]
- [Amended by Kenya (Amendment of Laws) (Written Laws) Order, 1963 (Legal Notice 2 of 1964) on 7 January 1964]
- [Amended by Kenya (Amendment of Laws) (Dairy Industry) Order, 1964 (Legal Notice 183 of 1964) on 16 June 1964]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1967 (Act No. 9 of 1967) on 21 April 1967]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1969 (Act No. 10 of 1969) on 27 June 1969]
- [Amended by Laws of Kenya (Rectification) (No. 3) Order, 1992 (Legal Notice 415 of 1992) on 13 November 1992]
- [Amended by Licensing Laws (Repeals and Amendment) Act, 2006 (Act No. 17 of 2006) on 15 November 2007]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title and commencement
2. Application
This Act shall not be applied to any part of the Non-scheduled Areas, except in respect of dairy produce produced in those Areas and sold or intended for sale in the Scheduled Areas or in any municipality or township, unless the Central Agricultural Board has been consulted.[Act No. 10 of 1969, Sch.]3. Interpretation
In this Act, except where the context otherwise requires—"Board" means the Kenya Dairy Board established by section 4;"butterfat" means the natural and complete fat which is present in milk;"Central Agricultural Board" means the Board established by section 35 of the Agriculture Act (Repealed);"consumer" means a person who buys dairy produce for his own use and not for resale;"dairy produce" means milk, cream, butter, ghee, cheese and any other product or by-product of milk;"distributor" means a person who buys dairy produce for the purpose of resale;"ghee" means pure clarified butterfat containing no preservative or colouring matter and no fats or oils other than butterfat;"milk" means milk from a cow;"Non-Scheduled Areas" means all areas of land in Kenya not for the time being comprised in the Scheduled Areas;"package" includes cask, keg, crate, can, box, case, wrapper, tin, bottle, carton and every other receptacle or covering used for the packing of dairy produce;"producer" means a person who produces, processes, manufactures, prepares or treats dairy produce for sale;"registered producer" means a person registered under Part V;"retailer" means a producer who sells dairy produce directly to consumers or a person who purchases dairy produce from a distributor for resale to consumers;"Scheduled Areas" means the areas of land specified in the Schedule;"sell" includes offer, advertise, keep, expose, transmit, convey, deliver, or prepare for sale and any exchange or disposal for consideration.[L.N. 183/1964.]Part II – ESTABLISHMENT AND ADMINISTRATION OF THE KENYA DAIRY BOARD
4. Establishment of the Board
5. Membership of the Board
6. Duration of office of members of the Board
7. Remuneration and expenses of members of the Board
8. Officers and staff
The Board may employ an executive officer, a secretary and such other officers, servants and agents as may be necessary or desirable for the efficient conduct and operation of the Board.9. Pensions and staff funds
The Board may establish and make contributions to a pension or superannuation fund and a medical fund, for the benefit of its officers and other employees, and may require those officers and employees to contribute thereto.10. Presiding officer at meetings
The Chairperson, or in his absence the vice-Chairperson, or in the absence of both a member elected by the Board, shall preside at all meetings of the Board, and the member presiding at a meeting shall with respect to that meeting or to any business transacted thereat have all the powers of the Chairperson of the Board under this Act.11. Decisions of the Board
12. Common seal
The common seal of the Board shall be authenticated by the signature of the Chairperson of the Board or of some other member authorised by the Board to act in that behalf, together with the signature of the executive officer to the Board or the secretary to the Board, or some other person authorized by the Board to act in that behalf, and the seal shall be officially and judicially noted.13. Execution of documents, etc., not under seal
All documents other than those required by law to be under seal made by, and all decisions of, the Board may be signified under the hand of the Chairperson, the executive officer or the secretary, or of any member of the Board authorised in that behalf.14. Meetings of the Board
15. Consumers’ Committee and other committees of the Board
16. Board to regulate its own conduct
The Board may from time to time make standing orders providing for the regulation of its meetings, the conduct of its business and the duties of its officers and other employees.Part III – FUNCTIONS, POWERS AND DUTIES OF THE BOARD
17. Functions of the Board
18. Management and utilization of assets of the Board
19. Power to make regulations
The Cabinet Secretary may, on the advice of the Board, make regulations generally for the better carrying out of the purposes and provisions of this Act, and, without prejudice to the generality of the foregoing, may make regulations with regard to dairy produce—20. General provisions with regard to regulations
Regulations made under this Act may provide for—21. Regional and delegates meetings
22. Notice of meetings
23. Vesting of dairy produce in the Board
24. Power of the Board to acquire and dispose of property
Part IV – FINANCIAL
25. Board may establish accounts and special funds
26. Investment of funds of the Board
The Board may invest moneys in securities in which trustees are empowered to invest under the Trustee Act (Cap. 167), and in other securities which may be approved for the purpose by the Cabinet Secretary for the time being responsible for Finance.27. Loans, subsidies and guarantees by the Board
The Board may from time to time out of its funds—28. Borrowing powers
The Board may, with the consent of the Cabinet Secretary and upon and subject to such conditions as the Cabinet Secretary thinks fit, borrow moneys and mortgage or charge any of its property.29. Books of account
The Board shall cause to be kept proper books of account and other books in relation thereto in respect of all its undertakings, funds, activities and property, including yearly statements of income and expenditure and balance sheets made up to the end of each financial year showing in detail the assets and liabilities of the Board, and shall prepare such other accounts as the Cabinet Secretary may require.30. Audit of accounts
Part V – REGISTRATION OF PRIMARY PRODUCERS
31. "Primary producer" defined
In this Part, "primary producer" means a person who produces milk for sale, but does not include persons employed by him for that purpose.32. Requirement to register
33. Penalty for failure to register
After the appropriate period of one month referred to in section 32 has elapsed, a primary producer to whom this Part applies who carries on business as such without being registered in accordance with this Part, or who wilfully neglects to supply the particulars prescribed by that section, or who knowingly or recklessly supplies any such particulars which are materially false, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings.34. Register of primary producers
Part VI – GENERAL
35. Offences by companies
Where a person in breach of any provision of this Act or of any regulations made under this Act is a company, every director, manager, secretary and other officer of the company who is knowingly a party to the breach shall also be guilty of the breach and be liable to the same punishment.36. Appeals
A person aggrieved by a decision of the Board or of an agent of the Board may, within one month after being notified of that decision, appeal to the Agricultural Appeals Tribunal established under Part XV of the Agriculture Act (Repealed), and, save as aforesaid, the provisions of that Part shall, mutatis mutandis, apply in relation to every such appeal.37. Act additional to public health laws
The provisions of this Act and of any regulations made thereunder shall be in addition to and not in derogation of the provisions of any written law relating to public health for the time being in force.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
15 November 2007
13 November 1992
27 June 1969
21 April 1967
16 June 1964
07 January 1964
10 December 1963
27 August 1963
Amended by
Dairy Industry (Amendment) Act, 1963
08 August 1961
19 August 1958
11 August 1958
Assented to
Cited documents 0
Documents citing this one 10
Legal Notice 5
Judgment 4
Act 1
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