What Horticulture Crops Authority Bill 2024 means for fruit, vegetable farmers

On September 20, nominated MP Sabina Chege sponsored the Horticultural Crops Authority Bill, 2024; the newest bill yet within the agricultural sector in the country.

The bill proposes to provide for the establishment, functions and powers of a Horticultural Crops Authority; the regulation of the production, post-harvest handling and marketing of horticultural crops.

This comprises growing, handling, and selling fruits, vegetables, and flowers and if enacted by Parliament it will be known as the Horticultural Crops Act of 2024.

The new bill proposes to accelerate the development of the industry, enhance the income of farmers, coordinate stakeholders in the industry, attract investments within the industry; facilitate the export of produce and lastly, safeguard food safety standards.

The bill says if passed, the Horticultural Crops Act of 2024 shall apply to all horticultural produce or products that are grown, processed or marketed in Kenya.

Any produce imported to or exported from Kenya will have to meet set standards and this will apply to all farms, whether individual or communally held.

The Act will set in place a parallel authority to the Agriculture and Food Authority (AFA) known as the Horticulture Crops Authority.

Its powers and responsibilities will be a replica of other government authorities, especially the AFA.

It will be a legal entity in its own right and it will issue export and import licenses as well as processing licenses for horticultural produce.

“A person shall not process, import or export horticultural produce or product unless that person is licensed by the Authority,” the bill reads.

“The Cabinet Secretary shall prescribe regulations providing for the procedure for licensing under this section and the appeal process in case of refusal or denial of licence.”

It adds: “A licence issued under this section shall remain in force from the first of July until the thirtieth of June of the following year unless earlier cancelled.”

The bill also proposes to give counties leeway to charge cess fees for all the products grown within particular counties.

County governments will keep a list of all marketing agents, nursery dealers, planting material propagators, and mother block operators in the domestic market.

“The Authority or respective county government shall issue a certificate of registration to an applicant who fulfils the registration requirements prescribed in regulations,” the bill says.

Individuals contravening the law will be liable for a fine not exceeding Ksh.1 million or imprisonment of not more than three years or both.

Under the proposed law, horticulture produce will be branded with certification marks including geographical indications as a mark of origin and only products that conform to quality standards will be permitted for sale in the local and export markets.

It also prohibits the growing of horticultural crops in dumping sites or sewerage and the use of contaminated water to irrigate or wash produce.

The Horticulture Crops Authority will conduct inspections and surveillance to stem and arrest breaches of the required standards.

No horticultural produce or product would be labelled as “organic” without certification from the authority.

Kenya’s agriculture sector accounts for over 20 per cent of Kenya’s Gross Domestic Product (GDP) and employs over 40 per cent of the total population and more than 70 per cent of the country’s rural population.

It accounts for 65 per cent of Kenya’s export earnings.