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The Dairy Industry (Pricing of Dairy Produce) Regulations

Legal Notice 23 of 2021

This is the latest version of this Legal Notice.
The Dairy Industry (Pricing of Dairy Produce) Regulations
Citation
Legal Notice 23 of 2021
Primary work
Dairy Industry Act
Date
31 December 2022
Language
English
Type
Legal Notice
Original enactment
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LAWS OF KENYA

DAIRY INDUSTRY ACT

THE DAIRY INDUSTRY (PRICING OF DAIRY PRODUCE) REGULATIONS

LEGAL NOTICE 23 OF 2021

  • Published in Kenya Gazette Vol. CXXIII—No. 51 on 12 March 2021
  • Commenced on 12 March 2021
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Dairy Industry (Pricing of Dairy Produce) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"compliance officer" has the meaning assigned to it under the Dairy Industry (Compliance Officer) Regulations (sub. leg);"farm gate price" means the minimum payment made to a primary producer by a purchaser of milk;"payout price" means the price paid by a purchaser to an aggregator;"primary producer" has the meaning assigned to it under section 31; and"purchaser" means a person who buys milk for consumption, aggregation, processing or resale.

3. Application

These Regulations shall apply in respect of the pricing of dairy produce.

4. Objects of the Regulations

The objects of these Regulations are to—
(a)ensure that a primary producer receives a guaranteed minimum monetary return for the sale of milk; and
(b)protect the investment interests of the primary producer and purchaser of dairy produce.

5. Minimum prices

The minimum payout price and minimum farm gate price for milk produce shall be in accordance with the Schedule.

6. Records and disclosure of prices and deductions

A producer, group or any other registered entity acting on behalf of producers shall maintain a record of the milk produce purchased, and shall disclose to the primary producer, by way of a monthly statement—
(a)the payout price; and
(b)all deductions made,
to determine the farm gate price.

7. Inspection records

A compliance officer may inspect any records relating to a payout made by a purchaser, or the farm gate price paid to a primary producer, and may require the purchaser to provide additional information relating to the payout price or the farm gate price paid by that purchaser.

8. Offences and penalty

A person who—
(a)pays to a primary producer a price that is less than the minimum farm gate price prescribed under these Regulations;
(b)fails to make a disclosure to a primary producer as required under regulation 6;
(c)fails to maintain a record as required under regulation 6; or
(d)obstructs or attempts to obstruct a compliance officer in the performance of his or her functions or exercise of his or her powers under these Regulations,
commits an offence and shall be liable, on conviction, to a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding twelve months or, to both.

9. Revocation Sub. Leg.

The Dairy Industry (Prices of Dairy Produce) Regulations, 1961 are revoked.

10. Revocation Sub. Leg.

The Dairy Industry (Prices of Dairy Produce) Order, 1970 is revoked.

11. Revocation Sub. Leg

The Dairy Industry (Prices of Dairy Produce) (Kisumu) Order, 1971 is revoked.

SCHEDULE [r. 5]

PRICING SCHEDULE

S/No.Nature of dairy produceUnit of measure (Kilograms) Minimum payout price (Kshs.)Minimum farm gate price (Kshs)
1.Unchilled raw milk13433
2.Chilled raw milk13635
3.Pasteurized milk13837
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History of this document

31 December 2022 this version
12 March 2021
Commenced