Understanding the Horticultural Crops Authority Bill, 2024

The Horticultural Crops Authority Bill, 2024, has sparked significant debate among stakeholders in Kenya’s agricultural sector.

Farmers, industry professionals, and citizens alike have engaged in discussions about the potential implications of this bill on the country’s agriculture, a vital sector that contributes over 20% to Kenya’s Gross Domestic Product (GDP), employs more than 40% of the population, and accounts for 65% of export earnings.

Agriculture plays a central role in the Kenyan economy, particularly in rural areas, where more than 70% of the population depends on it for livelihood. As such, any proposed legislation affecting this sector garners attention, and the Horticultural Crops Authority Bill, 2024, is no exception.

The bill aims to establish a framework for the regulation, development, and management of horticultural crops, which include fruits, vegetables, and flowers.

Key Features of the Horticultural Crops Authority Bill, 2024

If passed, the bill will become the Horticultural Crops Act of 2024. It will establish the Horticultural Crops Authority (HCA), which will be responsible for overseeing the production, post-harvest handling, and marketing of horticultural crops.

This authority will regulate activities across the value chain, ensuring that production practices meet set standards for quality and food safety.

The proposed legislation seeks to promote the horticulture industry’s growth by attracting investments, coordinating industry stakeholders, and increasing farmers’ incomes.

It also aims to enhance the export of horticultural produce while ensuring stringent measures for food safety and compliance with both national and international standards.

Licensing and Regulatory Requirements

Under the bill, anyone involved in processing, importing, or exporting horticultural produce must obtain a license from the HCA. The licenses will be valid for one year, from July 1 to June 30, and may be renewed or revoked under certain conditions.

This licensing framework is expected to streamline operations in the horticultural sector, ensuring that all participants adhere to the regulatory standards set by the HCA.

County governments will also play a role in regulating horticultural activities. They will be allowed to collect cess fees on horticultural produce and will be responsible for registering marketing agents, nursery dealers, propagators, and other key players within their jurisdictions.

Food Safety and Quality Standards

The bill places a strong emphasis on food safety and quality assurance. Horticultural produce sold in both domestic and international markets must meet stringent quality standards.

Certification marks, including geographical indications, will be used to verify the origin and authenticity of products. Additionally, horticultural crops will not be allowed to grow in areas with environmental risks, such as dumping sites or those irrigated with contaminated water.

Inspections and surveillance will be conducted regularly to ensure compliance with these standards. The bill also prohibits the labeling of produce as “organic” without proper certification from the HCA.

Violators of these provisions face fines of up to Ksh 1 million or imprisonment for a period of not more than three years, or both.

Challenges and Opportunities

While the Horticultural Crops Authority Bill, 2024, has clear objectives such as increasing productivity and ensuring food safety, it has also faced criticism from some quarters.

Some argue that the bill could add another layer of bureaucracy to an already challenging business environment, potentially stifling growth and investment in the horticultural sector.

However, proponents argue that the legislation is necessary to enhance competitiveness, improve product standards, and ensure that Kenya’s horticultural produce remains globally competitive.

By formalizing regulatory processes and ensuring compliance with international standards, the bill could boost exports and enhance the sector’s overall performance.

Provisions and Compliance

The bill outlines specific regulations for the use of pesticides and fertilizers, requiring adherence to national horticultural standards. Organic farming must also comply with regional and international standards.

The HCA will be responsible for certifying organic produce and ensuring traceability through a national horticultural traceability system.

Compliance with food safety standards will be strictly monitored, especially for exports and imports. Dealers and growers must ensure that horticultural products are handled, graded, packaged, and stored in ways that prevent contamination.

Regular inspections, surveillance, and sampling will be conducted to enforce these standards and maintain the integrity of Kenya’s horticultural sector.