Heavy fines, prison sentences for farmers who resist inspection

Any farmer who stops a government inspector from assessing his or her land will be jailed for three years or be made to pay a Sh3 million fine if proposed regulations are approved.

The guidelines also bar farmers from buying or selling to unregistered dealers, a decision opposed by agriculture stakeholders.

The penalty for breaching the registration rule is Sh5 million or three years’ in prison or both.

CROP INSPECTOR

According to the drafters of the rules, anyone buying produce without a licence should be made to pay a Sh10 million fine or be imprisoned for five years or both!

The rules also require food to be sold in markets designated by devolved governments.

It raises questions as to whether farmers would be free to sell food to neighbours as has been the practice.

The tough rules drafted by the Ministry of Agriculture, the Agriculture and Food Authority (AFA) and county governments seek to control the value chain of the farming business.

The 87-page Crops (Food Crops) Regulations, to be tabled in Parliament after perusal by the Attorney-General, creates the position of a crop inspector who will have powers to enter a farm and search premises.

If passed, AFA will randomly sample and test food crops in stores, warehouses, depots or processors. It can also destroy food products that do not conform to safety standards.

Farmers would be required to maintain records of their activities to be produced on demand.

Among the crops to be regulated are maize, barley, millet,  wheat, oat, rye, triticale, grain amaranth, soya bean, pea, bean, sweet potato and cassava. The rules also affect tea and coffee.

CONTAMINATION

It would be illegal to use raw animal manure to produce food crops if the draft passes.

“A grower shall not use raw animal manure for the production of food crops... next to sewage sites or locations with heavy metal contamination,” the document reads.

The clause has caused uproar from farmers who say they have been using manure all along.

Those interviewed said they read mischief in the proposal.

The draft says growers would be barred from using fertiliser that is not on the list recommended by the county government.

Mr Isaac Chumba, who has been using organic manure to grow strawberries in Elgeyo-Marakwet County, is opposed to the draft. The farmer says most of his customers prefer the organic berries.

“How will the government measure the rawness of the manure?” he asked.

The regulations are silent on the conditions under which manure may be used.

Mr Chumba also said a 90kg bag of farm manure goes for just Sh200 compared to inorganic fertiliser that retails for Sh3,600.

COLLECTION CENTRES

“The regulations are intended to enforce food safety and quality assurance in line with international and national standards,” the ministry said in an email to Saturday Nation.

These rules also give county governments more power in the farming industry after they were tasked with overseeing marketing contracts with dealers, agents, manufacturers and exporters.

The regulations propose procedures and conditions for the registration of collection centres, dealers, processors, warehouses, importers and exporters.

The authority will issue permits for the import, export, movement and marketing of food crops and produce, while charging fees for the same.

An individual would, for instance, not  be allowed to move more than five tonnes of produce from one county to another without a valid permit.

“The regulations will ensure  farmers are paid and provide the identity of buyers who attempt to take advantage of growers,” the ministry said.

Licensing and inspection of imported or exported plants was previously performed by the Kenya Plant Health Inspectorate Services (KEPHIS).

It is not clear from the regulations if Kephis would be absorbed into AFA or the agencies would conduct parallel services.

SAFETY STANDARDS

Under the regulations, the government would collect and maintain a database on food crop production, prices and products.

The authority would also oversee the safety standards in harvesting, grading, packaging, labelling, transporting and processing of produce.

“The authority shall implement compliance programmes consisting of inspection and verification for food products and processes, if necessary imposing penalties for non-compliance,” the draft reads.

Nobody would be allowed to use water for irrigation before it is analysed by a competent laboratory and declared safe.

Food processors would provide AFA with reports on available stocks by the fifth day of every month while warehousing agents would do so by 10th.

The ministry says doing so would keep tabs with food security situation in the country.

Growers’ associations would be required to maintain records of pest control products and other substances used in the production or storage of food crops.

Any association whose produce contains a level of residue above that set by the government shall be suspended from growing the crop.

OVERREGULATION

The unit of measurement in food sale is specified as the kilogramme, with 50kgs set as the maximum weight for every unit.

While the proposals, especially on manure, have been condemned, they have also received support.

“The main purpose of the rules is to regulate food safety. The problem is using regulations as opposed to creating awareness and educating consumers and growers,” Dr Subiri Obwogo, a medic and farmer, said.

But he criticised “overregulation”.

Prof Miriam Kinyua, a plant breeder at the University of Eldoret, says the regulations will go a long way in ensuring food safety.

She, however, warns it will be tough implementing some of the rules due to the current crop production system in Kenya.

“It would have been better for those drafting these regulations to explain the motive. For instance, why are they outlawing raw animal manure?” she asks.

Additional reporting by Stanley Kimuge