baseline study/survey report on the seed sector in kenya

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BASELINE STUDY/SURVEY REPORT ON THE SEED

SECTOR IN KENYA

By

Evans Olonyi Sikinyi, PhD

National Consultant

Seed Trade Association of Kenya

P.O. Box 2581 –00202

Nairobi, Kenya

E-mail: [email protected]

[email protected]

Tel: +254 20 271 3619

Mobile: +254 722 767 026

September, 2010

mailto:[email protected]

mailto:[email protected]

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ACKNOWLEDGEMENTS

I wish to thank the AFSTA and COMESA Secretariat for facilitating this study and

promoting the agenda for harmonization of the seed regulations in the region for

promotion of seed trade. Information presented in this report was sourced through

several people working in various institutions who may not be directly mentioned,

but in particular, I wish to recognize the collaboration received from the

Managing Director, KEPHIS, various officials in the Kenya Plant Health

Inspectorate Service, the Seed Trade Association of Kenya who serve as

Secretariat of the Eastern Africa Seed Committee, which is the implementing

committee under the Policy Analysis and Advocacy Program of the Association for

Strengthening Agricultural Research in Eastern and Central Africa

(ASARECA),the Ministry of Agriculture staff, and the respective East Africa

Community countries, who are members of the regional harmonized seed

regulations working group.

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BASELINE STUDY OF THE SEED SECTOR IN KENYA

INTRODUCTION TO THE SEED SECTOR IN KENYA

Seed Industry development in Kenya

The seed industry development in Kenya started in the early 20th century, when the

government of Kenya realized the importance of high quality seed in agricultural

production. This was supported by research on food, industrial and export crops, which

supplied seeds and planting material, for the farming community. This resulted in the

formation of Kenya Seed Company in 1956 to initially produce pasture seeds to serve

the then dairy farmers. Later, the company diversified to other crops.

The seed industry in Kenya comprises of the formal and informal seed sector. The Seed

industry is governed by the Seeds and Plant Varieties Act (Cap 327) of 1972, which

became operational in 1975. Regulations to guide seed operations were made in 1977

and revised in 1991 to incorporate plant variety protection (plant breeder‟s rights)

regulations. Over the years the seed industry has grown from three companies in the

1980‟s to 18 in the 1990‟s. The liberalization of the seed industry in the mid 1990‟s

resulted in the entry of new seed players in the seed market, resulting in the over 78

seed companies having been officially registered by mid 2010.

The Act is currently under review to make seed trade business fully liberalized and to

incorporate harmonized regional seed certification standards. This is being introduced

through a Seed Bill which has already got cabinet approval and will be brought to

parliament at the earliest opportunity.

Formal Seed Sector

The formal seed sector started with the establishment of Kenya Seed Company (KSC)

in 1956 in Kitale to produce pasture seed for the colonial settlers. KSC continued to play

a predominant role until the industry was partially liberalized in the mid 1980s. Further

liberalization of the seed industry was effected in 1996. After this, several companies

entered the formal sector and by 2005, there were 50 registered seed companies

largely dealing in seeds of cereals, namely, maize, wheat, barley, oats, triticale and

sorghum; oil crops, i.e. rapeseed, sunflower; pulses; pastures; horticultural crops and

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Irish potatoes. By mid 2010, there were 82 registered seed companies, with the latest

dealing with crops neglected previously, due to their low profitability. These include

horticultural crops, rice, cotton and pasture seeds, pigeon peas, groundnuts, chickpea

etc.

In terms of quantities of seed produced about 44,000tons of seeds was produced by the

end of 2009 compared to 1999 when production was below 25,000tons (KEPHIS).

The trend is shown in the figure below for the past nine years.

INFORMAL SEED SECTOR

The informal seed sector has been in operation in Kenya particularly for the small scale

farmers. According to the National Seed Policy document for Kenya, the source and

quality of most of the planting materials and seed purchased, multiplied and marketed

by the informal seed sector may not be known, yet this is the major source of planting

material for the farmers. For example, “road-side” nurseries for forest and fruit trees do

not have clearly documented sources. Other informal sources of seed include farm-

saved seed, farmer-to-farmer exchange, local markets, Non Governmental

Organizations (NGOs) and Community Based Organizations (CBOs). Growers of

flowers and ornamental plants do import and/or locally multiply planting material for their

own use or sale to other local growers, yet they are not registered as seed dealers.

Moreover, some Relief Agencies who supply emergency seed, do not always obtain

such planting material from registered seed dealers, and so such seed may not be of

known quality. However, the informal seed sector sometimes voluntarily use KEPHIS

seed testing services to determine quality status of their seed for own use. As farming

becomes more commercial, the focus is shifting towards formal seed though.

Seed traded and used in Kenya is made up of local production and imported seed. As

part of the trade business there are exports of seed to particularly its neighbors in the

region. The movement of seed within and between countries can be restricted by

regulations governing seed certification and standards, phytosanitary measures, variety

testing and release procedures, plant variety protection and import and export

requirements.

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This report contains some findings on the study, the situation on the above issues on

the seed sector in Kenya, as outlined below.

A. SEED CERTIFICATION STANDARDS

The Kenya Plant Health Inspectorate Service (KEPHIS) is a regulatory body established

under the State Corporations Act (Cap 446) pursuant to Legal Notice No. 305 of 18th

October, 1996. The corporation officially commenced operation in November, 1997.

Seed certification was previously undertaken by the National Seed Institute under the

then Ministry of Agriculture that later became the National Seed Quality Control Station

which was transferred to Lanet under the Kenya Agricultural Research Institute. Among

other functions, KEPHIS is mandated to undertake the following:

1. Co-ordinate all matters relating to crop pests and disease control; 2. Establish service laboratories to monitor the quality and levels of toxic residues in

plants, soils and crop and animal produce; 3. Administer Plant Breeders Rights (PBR) in Kenya and serve as a liaison office for

the International Union for the Protection of new Varieties of Plants (UPOV), thus, the custodian of the Plant Breeders‟ Rights Register;

4. Undertake inspection, testing, certification, quarantine control, variety testing and description of seeds and planting materials;

5. Undertake grading and inspection of plants and plant produce at the ports of entry/exit;

6. Develop and implement standards on both imported and locally produced seeds; 7. Approve all importation and exportation licences for plants and seeds; 8. Implement the national policy on the introduction and use of genetically modified

plant species, insects and micro organisms in Kenya; 9. Establish posts at convenient locations for quarantine, inspection and quality

control of fertilizer and seeds and monitor levels of residues of agricultural inputs and their environmental effects; and

10. Establish linkages for collaboration with various local and international government and non-governmental organisations so as to execute its tasks more professionally

In performing the above mandates KEPHIS is responsible for seed certification as per standards stipulated in The Seeds and Plant Varieties (Seeds) regulations under CAP 326. Seed certification was undertaken by the National Seed Institute under the then Ministry of Agriculture that later became the National Seed Quality Control Station and transferred to Lanet under the Kenya Agricultural Research Institute.

Seed is the basic input that sets the potential for crop yield hence requires defined

processes in its production, processing and marketing. Seed Quality Assurance

Services operate within the guidelines and procedures stipulated in The Seeds and

Plant Varieties Act (Cap 326) of the laws of Kenya.

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Inspections (both in the field and factory processing) are undertaken as per standards,

which are equivalent to the OECD standards, to which Kenya is a member. Laboratory

seed tests and analysis are carried out as per the ISTA standards/rules, to which Kenya

is also, a member.

The main objectives of seed certification can be broadly classified as two fold,

1. To ensure that farmers receive the best possible, quality seed, so as to maximize

their crop production, and

2. To ensure that farmers are not at risk of being provided with low quality seed by

fraudulent traders.

There is need to ensure high quality seed because

Good quality seed is the basis of all agricultural production

Seed quality is an essential tool for trade

Official recognition of quality-guaranteed seed thus:

facilitates international trade

contributes to removing technical trade barriers

Seed Certification involves the following processes,

i) Document verification

The applicant, who must be a registered seed company or merchant, must provide

proof of origin of the variety and crop that they intend to grow. Only registered Seed

growers contracted by registered Seed Merchants can grow seed for certification.

ii) Field inspection

Field inspection means an examination of a crop seed field for conformity to laid out

standards as part of seed certification program

After approval for the grower has been given and the seed crop has been planted, an

application for field inspection is made to the certifying agency, KEPHIS. The following

are checked in the field; -

• Isolation distance from other crops of the same species.

• Total area of the seed crop.

• Trueness to type of the variety including off-types and foreign varieties

• Diseases and pests occurrence

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• Proper detasseling in case of hybrid maize

• Proper crop husbandry

iii) Factory processing

After seed harvest, processing is undertaken, where the following are checked

• Factory cleanliness

• Lot examination

• Seed sampling

iv) Seed testing/analysis

During seed testing in the laboratory the following are examined.

Verification of the received samples (Sealed samples)

Purity analysis

Viability tests (through germination and the tetrazolium tests).

Moisture tests where a seed lot may show high moisture content.

Pathological test (fungal, bacterial and viral tests).

v) Labeling and sealing

Every seed lot is then tagged with a label and a seal as required by law.

This ensures that the seed cannot be tampered with without damaging the

seal, label or container beyond repair.

vi) Post Control

Means the growing of plants from seed lots which have been certified to further

determine and confirm cultivar or variety purity and freedom from seed born disease.

These are tests where samples of the lots of the certified seeds are grown out in the

field, alongside the known true representative of the variety, to evaluate their

performance. This is to ascertain that the preceding control control measures have

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been effective. They ensure that varietal characters remain unchanged during

multiplication.

In Kenya the Seed certification must follow the steps below:

1. Be a registered seed merchant with KEPHIS (Form SR 3 &4)

2. Register as a seed grower (Form SR 1 & 2)

3. Register seed crop for inspection (Form SR 5)

4. Provide proof of origin of seed to be used

5. The variety to be inspected for certification must have undergone National

Performance Trials and DUS tests passed and released for commercialization

6. Seed fields must be inspected to determine whether the field is in compliance

with standards for varietal identity and purity, isolation, and freedom from weeds

and other crop species (Inspection results Form SR 6)

7. Raw seed from approved fields must be tracked to maintain traceability

(Transport order SR 7)

8. Seed lot must be inspected during processing (Work order SR 8)

9. Representative samples from processed seed lots must be tested for germination

and purity to determine compliance with seed standards (Request for testing,

seed testing certificate & Stop sale order Forms or found in SR 9, 10 & 11

respectively)

10. Seed lots that meet the certification standards are sealed and or labeled

11. Certified seed lots must then be post controlled.

Note: The SR forms are as in Appendix 2 and are also available on KEPHIS website

(www.kephis.org)

Under the Kenyan seed law, there are crops that fall under voluntary certification

(Schedule I), and those under compulsory certification (Schedule II).Those under

compulsory certification include:

Cereals: maize, wheat, barley, sorghum, millet, oats, triticale.

Pulses: Beans (dry), beans (green podded), peas, cowpeas, pigeon peas.

Oil crops: sunflower, oil-seed rape, linseed, soya beans, sesame

Grasses: setaria, Rhodes grass, Sudan grass, Congo signal, panicum sp.

Pasture legumes: Centro, Stylo, Desmodium, Clover, Lucerne, Siratro, Lupins

Root crops: Irish potato.

http://www.kephis.org/

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The initial classification of the varieties was based on what was considered at that time

to be important for food security and secondly those crops that had an active breeding

system in place to support variety development. Presently, many other crops have been

found to be of economical importance, hence of food security as well. Moreover, most

crops have a breeding system in place, to support the crop development. Given that the

Seed Act empowers the minister to alter the list of the crops under compulsory

certification, it has been proposed most crops should fall under this category.

The standards for seed certification in the field, processing in the factory and laboratory

testing for Kenya (Schedule II) and the proposed Eastern Africa Region are as shown in

the appendix 1

The „Seeds and Plant varieties Act‟ CAP 326 has been reviewed in several areas, but

particularly to allow i) for authorization of some aspects of seed certification to the seed

industry (preliminary inspections, Pre-harvest inspections, seed sampling and

Dispatch), ii) accession to the 1991 UPOV Convention and iii) effecting more punitive

penalties for persons who contravene the Seed Act. It also allows for importation of

seed from OECD member countries into Kenya under the banner of „Incomplete

certified seed‟ for final certification in the country.

Future plans for the seed certification standards.

Harmonization of the Kenyan Standards with the regional standards to facilitate trade within the region as proposed. This will call for Kenya to domesticate the few recommendations proposed that may not be in the law. This requires the finalization of the review of the Seeds and Plant Varieties Act Cap 326

Additional information that is necessary for harmonization in the region.

For effective harmonization to occur, it is necessary for all the countries to put in place certain measures, to put them at par. One major area for trade is the accreditation to international protocols and standards, to which Kenya is a member, while the others are not. This also calls for participation in the international seed schemes

Challenges that have affected the seed sub-sector

• The lack of a Seed Policy to allow for the amendment of the Seeds and Plant Varieties Act, CAP 326, created a procedural problem that slowed down the review of the Act and implementation of the proposed changes. However, the policy document has now been finalized and is due for launching.

• Seed regulations committee functions overlap with the KEPHIS Board functions. Though this was seen as a problem by some seed stakeholders, the issues had been handled at the level of the Ministry ant the regulator. Additionally the Seeds and Plants tribunal provided for in the law was not established for a long time.

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This has however been put in place and are awaiting publication of the rules of procedure, to operate.

• The seed industry has grown from a single seed company in 1970‟s to 13 companies in 1998 and further to over 80 seed companies in 2010. The companies produce or marketed seed amounting to about 11,514 tonnes of seed in 1998 that increased by about 61% in 2004 (18,592 tonnes) and over 42,000 tonnes in 2009. Though the current Act does not recognize the liberalized open market, the regulator had put in place operational measures to facilitate trade. This must be reflected in the reviewed Act.

• While the Act empowers the Director of Agriculture (KEPHIS) to register seed merchants, there is no provision for deregistration of the same in case of violation of the Act.

• Out of the 118 court cases on “fake” seed that KEPHIS has brought before courts, only 45 have been successfully prosecuted and determined. The fines awarded by the court have ranged from Ksh. 1000/= to 12,500. The jail terms provided range from 3 months to 6 months, and have rarely been imposed. These fines and jail terms are not deterrent enough to prevent a repeat of the same offences, which has been a common feature.

B. PLANT VARIETY EVALUATION, RELEASE AND REGISTRATION

Under the Seeds and Plant Varieties Act, Cap 326, the Minister was empowered to

make regulations for conducting variety testing, release and registration for

commercialisation purposes. Though these had not been in place, variety testing,

release and registration has been going on in Kenya for several years, as the National

Performance Trials. These regulations were finally prepared and are contained in the

supplementary issue of the Seeds and Plant Varieties Act (Cap 326) of January 2009,

as “The Seeds and Plant Varieties (National Performance Trials) Regulations, 2009.

The regulations designates the Kenya Plant Health Inspectorate Service (KEPHIS) as

the body responsible in management of National Performance Trials (NPTs), data

collection and analysis from all performance trials and compilation of the final report,

publication of approved and released varieties, maintenance and updating of the index

(National Variety List) of existing plant varieties and maintain a Register of all

applications for performance trials and any exemptions granted.

In the past, Variety evaluation and release has been cited as a major barrier in availing

seed of new varieties to farmers on time. The long time taken for the tests, the lack of

specific conditions or criteria for release, the time required for the Minister of Agriculture

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to announce the release of the varieties and restrictions of introduction of foreign

varieties and seed were of major concern. Similarly, the variety testing and release was

previously co ordinate and carried out by the Kenya Agricultural Research Institute,

which was an interested party in breeding, release and commercialization of varieties.

KARI‟s objectivity in conducting these trials was therefore questioned. Moreover, with

the liberalization of the seed industry, it was necessary to have an independent

institution conducting and co-ordination that would have the confidence of the

stakeholders. With the formation of KEPHIS in 1997, the Performance Trials were finally

taken over in the year 2000.

Over the last ten years areas of concern have been handled in an effort to improve and

regularize the tests. The period of tests have been set at two seasons or years

(depending on the crop) as opposed to when it was said to take up to four years. The

number of crops under test increased to cover other crops as opposed to only maize,

the release criteria developed and test protocols documented for each crop. The

management of the trials was placed under the National Performance Trials Committee

which consisted of all stakeholders while the approval for release was vested in the

National Variety Release Committee, chaired by the Ministry of agriculture. The times

for these committees to meetings was fixed. These changes did culminate in the

finalization of the NPTC regulations that were published in the year 2009. The key

features of the regulations are:

The management of the tests was vested in the National Performance Trials Committee

(NPTC) whose membership was re constituted to have permanent independent

members, to avoid decisions being made by interest groups. The members are:-

(a) The Managing Director (KEPHIS), who is the chair and provide secretariat services,

(b) One representative from the Ministry of Agriculture (c) One representative from the Seed Trade Association of Kenya (d) two representatives from the Plant Breeders Association of Kenya (e) Not more than 4 crop specialists can be co-opted by MD – KEPHIS

The functions of the NPTC are:

1. To plan and oversee the conduct of performance trials in the field. 2. Review performance trials protocols, guidelines and minimum number of

candidate varieties to constitute a performance trial. 3. Evaluate performance trials report & make recommendations to the release

committee. 4. Review applications for performance trials. 5. Provide feedback to the applicants on performance of their entries in the

performance trials.

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6. Develop rules for the conduct of meetings. 7. Invite applicants who had candidate plant varieties in the trials to attend trials

committee meetings.

The regulations also sets the National Variety Release Committee (NVRC) comprising

members at the policy level, as follows,

a. The Agriculture Secretary, Ministry of Agriculture (AS) who is the chair and convener of the meetings.

b. The Managing Director, KEPHIS, who is the secretary to the committee. c. The Director responsible for matters relating to extension or research

liaison, Ministry of Agriculture. d. The CEO, Seed Trade Association of Kenya. e. The Chairman, Plant Breeders Association of Kenya. f. One representative of academic institution higher learning offering training

in seed science and technology, to be appointed by the Agriculture Secretary.

g. The CEO, Kenya National Federation of Agricultural Producers. h. One representative of the consumer industry appointed by the Agriculture

Secretary.

The functions of the NVRC as stipulated in the regulations are to:

1. Consider the report of the NPTC and its recommendations. 2. Consider the DUS report for the candidate varieties. 3. Approve and release qualifying varieties. 4. Determine fees for any application under these regulations. 5. Moderate on any disputes relating to these regulations. 6. Provide advice on policies and procedures on performance trials. 7. Prepare a list of approved and released Plant varieties for KEPHIS for

gazettment by KEPHIS. 8. Determine the procedures for withdrawal of released plant varieties. 9. Determine the nomenclature to be applied to new varieties and to invite

applicants of successful candidate plant varieties to attend variety release meeting.

The regulations clarify that the effective date of a release of a variety is the date that the

NVRC releases it. Previously this had been contentious since the minister would have

to make the official announcement. However the Minister would not make the

announcement until adequate quantities of seed was available for the farmer. The

advantage of the NVRC date of release allows the owner of the variety to initiate the

multiplication process and also negotiate licensing agreements with potential multipliers

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of the variety. For those foreign based varieties, it allows for immediate importation of

the seed if the variety is certified elsewhere.

Similarly, the regulations require the secretary to the NVRC, KEPHIS, to publish the list

of the released varieties, within 14 days of release by the NVRC. This publication also

enters the varieties on the (updates) National Variety List, which is the official list of

released varieties that are eligible for commercialization in Kenya. The National Variety

List, with all the detailed information contained therein, constitutes the official

registration, which is updated by KEPHIS for the Ministry of Agriculture.

The official Release and registration of a new variety therefore is a process whereby a

plant variety listed under the second schedule has satisfactory:-

1. Undergone National performance trial for at least two seasons for all varieties and found to be superior to commercial checks in terms of yield or other special attribute(s). In the proposed harmonized regional regulations, one season for a variety officially released in any of the East African countries provided the applicant provide release data)

2. Proven to be Distinct, uniform and stable in the essential characteristics. 3) Valid descriptor for seed certification. 4) Been approved and released by the NVRC 5) Multiplication for commercialization initiated

Once a variety has been officially released, it is gazetted and entered on the National Variety List that elaborates cultivars approved and gazetted for commercialization. Commercialization can either be done by the applicant or others under license.

C. PHYTOSANITARY MEASURES IN KENYA Phytosanitary measures include any legislation, regulation or official procedure, which have the purpose of preventing the introduction or spread of quarantine pests. These will include plant import procedures and Phytosanitary certification. The Plant Protection Act of the Laws of Kenya (Cap 324) commenced on 28th

August, 1937 and came into force in 1962 which was later revised in 1979. The Act

encompasses rules for prevention of introduction and spread of pests and diseases

destructive to plants. The Plant Importation Order, that details the rules of operation,

was amended in 1955, 1960, 1961, and 1971. This has been further revised to take

on board the prevailing harmonization and changing circumstances, and is awaiting

approval and publication. Additionally, the Noxious Weeds Act, Cap 325 provides for

the suppression of spread of noxious weeds in Kenya, and is key instrument in the

Phytosanitary measures.

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Phytosanitary services in Kenya include the following:

1. Undertaking grading, inspection and certification of plants and plant produce at

ports of entry and exit (Phytosanitary & Quality Assurance).

2. Undertaking field, laboratory & facility inspection and certification of planting

materials (Quarantine services).

3. Implementation of the national policy on the introduction and use of GMOs in

Kenya (Protocol on Biosafety).

4. Facilitation of introduction of bio-control agents (KSTCIE)

5. Coordination of matters relating to crop pests diseases & noxious weeds (WTO-

SPS Agreements).

6. Conformity checks and certification of produce (EU Reg: EC No. 1148/2001).

7. Monitoring & surveillance of pests, diseases and noxious weeds.

8. Enforcement of quarantine in widest context (Pest Risk Analysis; Plant health

Clinics; ISPM covering conveyances, containers, soil etc)

9. Participation in Policy formulation, Regulation and Standards-setting for Trade

facilitation.

Rational of the Phytosanitary measures

The increase in global and domestic trade has increased movement of plants and plant

products including regulated articles. This may pose a great risk of introduction of pests,

diseases and noxious weeds that not present in the area. This is, and has been proved

to be a threat to agriculture and the environment.

KEPHIS is the National Plant Protection Organization (NPPO) of Kenya which is a member of the International Plant Protection Convention (IPPC). IPPC provides guidelines on Phytosanitary Measures (ISPM), which are based on internationally accepted principles for Phytosanitary measures in conformity with the articles of the IPPC, which:

• Provides for exchange of information

• Provides for development of internationally harmonized standards (the ISPMs –presently 34 ISPMs have been adopted)

Kenya is a contracting party to the WTO- SPS Agreement

Plant Import Regulations

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These are in 3 categories

1. Imports that are permitted

Risk of importation is low and permits are issued after fulfilling application requirements.

2. Imports under quarantine

Risk of importation in high and material is held under examination until risk assessment can be done.

3. Imports that are prohibited

These are materials that are too risky to introduce into the country and include material such as opium. Materials under this category can only be imported with the approval of the Kenya Standing Technical Committee on Imports and Export (KSTCIE).

Procedures for importation of plant materials

• One wishing to import must make an application for Plant Import Permit (PIP) to the regulator, KEPHIS, under the prescribed form.

• The PIP details the conditions that must be met for the material to be allowed in. This will vary with the crop and the area or country of origin.

• Authorities in country of origin will issue a Phytosanitary Certificate (PC) based on the conditions of the PIP

• All plant materials must be declared at point of entry and inspected

• Prohibited or non compliant material will either be destroyed or shipped back

Procedure of export of plant materials

• The applicant must avail the import conditions of destination country that are contained in the Plant Import Permit from the country of destination

• Under Cap 319, Plant materials meant for export, must be inspected at the point of exit for:

– Pests and diseases

– Chemical residues on the surface

– Quality, grading, packaging.

• Must have undergone field inspections during active growth and issued with a Phytosanitary certificate

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• The Phytosanitary certificate issued must accompany the plant materials.

• For materials regulated under CITES appropriate authority is required from CITES office at the Kenya Wildlife Service (KWS).

Kenya has had a list of pests and diseases that are considered of quarantine

importance. Similarly the other countries have also had their lists. Over time some of the

pest on these lists have changed status, and may no longer be of quarantine pests,

since they are already present. Similarly, there may be new pests that have emerged

that may be of quarantine importance or non quarantine but of economic importance

hence needing regulation. Lack of updated lists has been cited as an impediment to

trade. Restrictions to seed and plant material movement are imposed by various

authorities on grounds that may be incorrect. It was therefore found necessary to review

and come up with an updated list for the region.

A Quarantine Pest List for Kenya, Uganda and Tanzania has been prepared by a

Technical Working Group (TWG) of Phytosanitary experts drawn from the National

Plant Protection Organizations (NPPO‟s) of Kenya, Uganda, Tanzania, Rwanda and

Ethiopia. The Working Group was facilitated by the Eastern Africa Seed Committee

(EASCOM) under the Policy Analysis and Advocacy Program of the Association for

Strengthening Agricultural Research in Eastern and Central Africa (ASARECA).

EASCOM Secretariat is hosted by the Seed Trade Association of Kenya (STAK) in

Nairobi.

This Quarantine Pest List is a culmination of revisions of earlier drafts started in

September, 2005, continued in May 2006 and completed in May, 2009. The current

Pest List was revised in September 2010, using additional information from the national

plant protection authorities. As Rwanda was not represented in all the TWG

deliberations, its Q-Pest list was not included when finalizing the Q-Pest List for Kenya,

Uganda and Tanzania. Though not complete for the region, Quarantine Pest List will

serve as a useful guide in developing quarantine pest lists for the other countries in East

Africa and the rest of ASARECA member countries.

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The Document will principally serve to guide NPPO‟s of the three participating East

African Community Member States in revising their pest lists by removing non-

quarantine pests or adding new ones to ease cross-border trade in agricultural seeds.

Future plans for Phytosanitary services in Kenya

Build capacity on Pest Risk Analysis and Surveillance as a basis of developing the quarantine pest lists.

Plant Health laboratory at KEPHIS has been identified as a centre of excellence for COMESA region (PQS has been identified as a centre of excellence).

Strengthen the implementation of harmonized SPS measures in the region.

D. PLANT VARIETY PROTECTION IN KENYA

Introduction

The legislation for protection of plant varieties in Kenya is contained in the Seeds and Plant Varieties Act (1972), which became operational in 1975 and was revised in 1991. The legal framework for implementation of plant variety protection in Kenya was finalized and gazzetted in the supplementary issue of the Seeds and Plant Act (Cap 326) of November 1994. The office to administer the rights was founded in 1997 and has functioned under KEPHIS since 1998. Kenya acceded to UPOV under the 1978 convention in May 1999 and KEPHIS has put in place the necessary machinery for protection of plant varieties (or granting of plant breeders rights) in the country. Plant breeders are therefore encouraged to seize the opportunity and protect their varieties. To-date, 591 applications have been received from local and international applicants, and 106 of which have been approved for grant of Plant Breeders Rights. The tests necessary for variety protection or grant of plant breeder‟s rights are underway for the remaining applications.

Meaning of Variety Protection

A plant variety is a plant grouping within a single botanical taxon of the lowest rank,

which grouping, irrespective of whether the conditions for the grant of a breeder‟s right

are fully met, can be defined by the expression of the characteristics resulting from a

given genotype or combination of genotypes, distinguished from any other plant

grouping by the expression of at least one of the characteristic and considered a unit

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with regard to its suitability for being propagated unchanged, thus a protected variety is

a plant variety for which plant breeders rights have been granted to the owner of the

variety and the variety complies with the internationally recognized standards, i.e.

distinctness, uniformity, stability and novelty, and also designated by prescribed variety

denominations. The protection is marked by a grant of special title of protection.

Purpose of Plant Variety Protection

Variety protection is the protection of a plant variety against unauthorized or unlawful

use without the consent or authorization by the owner of the variety who has been

granted plant breeders‟ rights. The breeders‟ rights (for protected varieties) are granted

exclusively to persons or institutions discovering, breeding or developing new varieties

of plants. They are proprietary rights granted by the state to a breeder who has filed an

application for protection of a variety and are granted for a specific period of time and on

meeting certain conditions. These have the effect of encouraging competition amongst

breeders to breed new plant varieties and rewarding those who have been successful in

innovating new varieties. The varieties accessioning grant of plant breeders rights are

the varieties to be protected against infringement form unauthorized or unlawful use by

others and are said to be protected.

When a variety is protected in Kenya, the holder of the plant breeder‟s rights shall be

entitled to reasonable compensation for anything done during the application period

which, if done after the grant of the rights, would constitute an infringement on them. In

particular, the rights entitle the holder to prevent anyone doing any of the following acts

with respect to the propagating material of the protected variety without his

authorization, when such a variety is protected.

Production or reproduction (multiplication);

Conditioning for the purpose of propagation;

Offering for sale, selling or any marketing activity;

Exporting or importing; and

Stock for any of the purpose mentioned above. Under the proposed harmonized regulations, the conditions on propagating material include:

(i) production or reproduction (multiplication)

(ii) conditioning for the purpose of propagation

(iii) offering for sale

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(iv) selling or other marketing

(v) exporting

(vi) importing

(vii) stocking for any of the purposes mentioned in (i) to (vi) above ,

The acts referred to in items (i) to (vii) in respect of harvested material, including

entire plants and parts of plants, obtained through the unauthorized use of

propagating material of the protected variety shall require the permission of the

breeder, unless the breeder has had reasonable opportunity to exercise his right in

relation to the said propagating material.

These additional requirements will need to be included in the Kenyan laws.

The person by whom the application is made is the one entitled to the protection of

variety to which the application relates. The holder to such rights may give authority for

any of the above acts that require authorization, with or without conditions or limitations.

Under the proposed harmonized regulations, the protection may also apply to

harvested materials obtained through unauthorized use of propagating material of

the protected variety. In case of a variety of a prescribed description, the protection

conferred on the holder of plant breeder‟s rights shall also apply to any product

which is made directly from the harvested material and is of the prescribed

description. However, the protection cannot extend to the use by a farmer for

propagating purposes in the field, on his own holding, of the product of the harvest

which he has obtained by planting on his own holding, propagating material of the

protected variety (farmers privilege) or a variety which is essentially derived from

the protected variety).

Under the Kenyan system, varieties covered by breeder‟s rights include the

protected variety itself, but also those varieties that are not clearly distinguishable

from the protected variety as well as varieties that require repeated use of the

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protected variety. However under the harmonized regulations these provisions

shall also apply in relation to

(i) varieties which are essentially derived from the protected variety, where the

protected variety is not itself an essentially derived variety

(ii) varieties which are not clearly distinguishable from the protected variety and

(iii) varieties whose production requires the repeated use of the protected variety

These aspects will be included in the Kenyan law

Exceptions to Variety Protection

Variety protection is applicable to new varieties of any plant species but not to algae

and bacteria. The rights (or protection) do not extend to:

Persons growing or using a protected variety for acts done privately and for non-commercial purposes;

Use of plants or parts of the protected variety for human consumption or other non-propagating purposes; and

Use of plants or parts of the protected variety for experimental purposes.

Acts done for the purposes of breeding other varieties

Farmers privilege to save and replant or exchange seeds harvested from protected variety

Under the present law the Farmers privilege is not included expressly, though in the proposed harmonised law, it has been included and Kenya will have to include it

Conditions for Variety Protection

Plant breeders‟ rights will be granted and the variety protected when an application has

been made (see appendix) and the variety is proved to be:

New – It is deemed to be new if at the date of filing an application for the protection, propagating or harvested material of the variety has not been sold or otherwise disposed of to others, by or with the consent of the breeder, for purposed of exploitation of the variety. It is new if it has not been sold or offered for sale with the agreement of the owner in Kenya for more than 1 year before the date of application, or sold outside Kenya for more than six years for trees and vines and four (4) years for the rest of crops.

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Distinct – a variety clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of the filing of the application.

Uniform – deemed so if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its essential characteristics.

Stable – if it‟s essential characteristic remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle.

Properly denominated – i.e. designated by a denomination which is destined to be the generic designation. The domination must enable the variety to be identified and must not consist solely of figures. It must not mislead or cause confusion concerning the characteristics, value or identity of the variety or of the breeder and must be different form every denomination which designates, in any member stare of UPOV, an existing variety of the same botanical species or of a closely related species. (When a variety is offered for sale, it shall be permitted to associate a trademark, trade name or such similar indication with a registered variety denomination and if such indication is so associated, the denomination must nevertheless be easily recognizable).

Tests Required for Protection

The mandatory tests to qualify a variety for protection and grant of plant breeder‟s rights

are known as DUS (distinctness, uniformity and stability) tests. These tests are

undertaken by KEPHIS on payment of prescribed fees (US $600 per entry) and are

aimed at establishing that the variety is distinct, uniform and stable. However, the

breeder must generate his own description before submitting an application for official

tests, as they form part of the technical questionnaire. These tests allow for comparison

of candidate variety with all other known varieties of comparable characteristics. The

tests done by KEPHIS are the official and confirmatory tests and these last for two

years (or seasons) and normally carried out at one site. Principally, theses tests are

different from the national performance Trials (NPT) in duration, number of sites and of

replications. However, in situations where the capacity to conduct the tests is not

available in the country, the necessary arrangements are made to purchase the results

from a UPOV member state where such tests were conducted.

Any person applying for the plant breeder‟s rights or protection of a variety should

ensure he submits his materials to KEPHIS for these tests with the required fees.

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Duration of Protection

A grant of plant breeders‟ rights or protection of a variety shall have effect:

In case of trees and vines for 18 years from date of grant

In other cases for 15 years from the date of grant.

These were renewable but not exceeding 25 years

Under the proposed Regional harmonized regulations, the period has been adjusted to

25 and 20 years respectively and non renewable

Exhaustion of breeder rights.

Plant Breeders‟ Rights shall not extend to any act concerning material of the protected

variety if the material:

Has been sold or otherwise marketed in Kenya by, or with consent of, the holder of the rights, or is derived from a material which has been so sold or otherwise marketed outside Kenya with the consent of the breeder.

Application for Variety Protection

Those wishing to be considered for plant variety protection need to observe the

following:

1. Submit duly filled application forms 2. Fill the relevant crop technical questionnaire 3. Submit a copy of the Power of Attorney if application is by an agent 4. Submit a letter of Assignment if application is by an agent 5. Provide the State of Protection detailing where the variety may be protected 6. Provide two detailed photographs of the material for ornamental and fruits trees 7. Provide the plant materials for tests when requested to 8. Pay the required fees for application plus others for the tests and certificates

PBR Application Process

1. Examination and verification of the PBR application 2. Application Gazettement whereby any objections to be received within 60 days 3. Objections to be handled by the authorised officer but any party that is aggrieved

by his decision can appeal to the Seeds and Varieties Tribunal 4. DUS tests (growing tests) carried out for 2 seasons or takeover of test results if it

already exists in other UPOV member state 5. Decision to grant or reject PBRs 6. Grant annual maintenance fee to be paid

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Protective Direction

This is a provisional protection giving an applicant interim protection of the variety while

the application is being processed and ceases when a grant has been issued or

rejected. During the period of provisional protection, an applicant is entitled to legal

proceedings against a person whose actions would constitute on infringement if the

rights have been granted.

Table.1 Charges for PBR services

TYPE OF CHARGES FEES IN US$

1. Application of a grant of plant breeders rights 200

2. Application for an extension of period of grant 100

3. Application for a compulsory license 70

4. Application for protective direction 40

5. Certification for protective direction 120

6. Application for surrender of a grant 30

7. Application for an opportunity to make representations 120

8. Inspection of register and documents 40

9. For technical evaluation of a variety 600

10. Grant of Plant Breeder‟s Rights Certificate 240

11. Fro a duplicate copy of the register or other document 0.50/page

12. Annual fees for grant 200

13. Purchase of a report from a testing authority in another country 320 Swiss francs

14. Replacement of lost or destroyed certificate 40

15. Claim of priority from a preceding application outside Kenya 20

16. For change of an approved denomination 80

17. Reinstatement of an abandoned application on petitions 80

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18. Surcharge for late payment 60

This system has worked well for Kenya for the last 13 years but there may be need to

review the fee structure for the protection and testing to harmonize with the region

Important Points to be observed for Protected Varieties

Maintenance of Protected Varieties:

The holder of plant breeder‟s rights whose variety has been protected would ensure

that, throughout the period for which the protection has effect, he is capable of

producing propagating material which is capable of producing the protected variety.

Nullity:

The protection shall be declared null and void if when the rights were granted, the

protected variety did not meet the criteria, or that the person to whom the rights were

granted was not the person entitled to the grant of the rights and the rights have not

subsequently been transferred to him or his successor in title.

Cancellation of Protection:

The period of protection may be terminated if the protected variety no longer meets the

set criteria or the holder of the rights can no longer provide the propagating material,

among other reasons.

Present Situation in Kenya

The Seeds and Plant Varieties Act do require that the Minister will make Schemes of

plant varieties that are eligible for protection. The plant variety protection (Plant

Breeder‟s Rights) Schemes were first gazetted in Kenya in May 2001, which covered

the following crops:

Table.2 Schemes of crops under protection in Kenya

Scheme Legal Notice Number

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Fruit, Nut and Tree Crops Scheme 70

Vegetables Scheme 71

Trees and Woody Climbers Scheme 72

Root and Tuber Crops Scheme 73

Maize Scheme 74

Ornamentals and Herbaceous Plants Scheme 75

Oil and Fiber Crops Scheme 76

Other Cereals Scheme 77

Pulse Scheme 78

Pasture Plants and grasses scheme 79

With the schemes in place, plant varieties for crops included can be applied for

protection in Kenya and plant breeder‟s rights granted upon meeting the stipulated

requirements. Under the proposed harmonized regulations protection will be available in

all genera and species and therefore there will be no need for the schemes.

Since the implementation of the PVP system in 1997, a total of 1056 applications for PVP had been received by September, 2010. There was a slow rate of application in the initial stages. However in 2001 there was a surge in PVP applications from local breeders reflecting an increased awareness among breeders in public institutions on the need to protect their varieties and the utilization of the notion of „varieties of recent creation‟, which is also provided for under the UPOV Convention. Local (Kenyan) breeders have submitted 385 of the total PVP applications, while 671 are from foreign applicants. Of the local applicants, 330 applications are from Public Institutions, while 55 are from the Private Sector. Out of the total applications, Food crops account for 369, Cash crops 805, while Forest Trees (Eucalyptus) have 8 applications. As of October 2010,293 titles had been granted and were based on DUS examinations conducted in Kenya or Test reports taken over from other UPOV member states/authorities that Kenya collaborates with.

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Fig.1. Trends in PBR applications in Kenya1997 to 2010

Source: KEPHIS

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Table3. Distribution of PVP Applications by Country

Source: KEPHIS

E. SEED IMPORT/ EXPORT DOCUMENTATION PROCEDURES

REQUIREMENTS

The seed traded in Kenya comprises of locally produced seed and imported seed. Seeds are

also exported from Kenya of which is either locally produced or re exports of imported seeds. All

imported seed must meet the national quarantine requirements, the minimum Kenyan

standards and must have been tested for adaptability in the country. Within the African

region, Kenya has been trading seed with Uganda, Tanzania, Rwanda, Zambia,

Zimbabwe, South Africa, Sudan and Somalia. There is however trade on international

level, particularly in vegetable and other horticultural crops.

In order to import into or export seed out of Kenya one must:-

1. Be a registered seed merchant.

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2. The merchant must give a notice to import/export seed by filling form SR 14 provided by KEPHIS.

3. Obtain a Plant Import Permit (PIP) from KEPHIS and a Phytosanitary Certificate from the corresponding Seed Certifying body in the country of origin for imports.

4. Obtain an international orange (International Seed Testing Association (ISTA) certificate from the official seed tester (KEPHIS) or the corresponding seed certifying body in the country of origin for imports. This will accompany the seeds.

5. Seed to be inspected by KEPHIS at the port of exit/entry.

6. Obtain an international orange (ISTA) certificate from the official seed tester (KEPHIS)

for exports or the seed certifying body in the country of origin for imports. This will

accompany the seeds.

7. The Seed must be inspected by KEPHIS at the port of exit/entry, sampled & verification

tests done, before sale- imports

It should be noted that Research and educational institutions, and a few other qualifying organizations may import seeds for trial or experimental purposes. This is on condition that a) there are limits on the amount (weight) of seed to be imported and b) The seed shall not be distributed for commercial purposes.

There are a number of seed related institutions which need registration to deal in seed business. These are basically the Seed merchant, and his agents, subagents, stockists, and seed growers.

Requirements for registration as a Seed Merchant are as follows:-

a. The applicant must be a registered company in Kenya, to be eligible for application as a seed merchant.

b. Be conversant with and be ready to comply with the conditions as set out in the seed Act and the seed regulations (The Seed and Plant Varieties Act: Cap 326, Laws of Kenya).

c. Have adequate and knowledgeable personnel who are conversant with seed matters. d. Specific requirements for production, processing, marketing and distribution are as

follows:

1. Production:

i. One must have adequate land and equipment to handle basic seed or proof of availability.

ii. Contractual agreement with growers to grow seed.

iii. Adequate field officers to advise growers.

2. Processing: i. Equipment and machinery to process seed.

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ii. Storage space.

iii. Capacity to print and label packets /containers as required by the seed regulations.

iii. Marketing

iv. Adequate distributive channels that covers all the agriculturally important region of the country.

v. Have agreement with agents /sub-agents / stockist to distribute seed on one's behalf.

3. Marketing and Distribution

i. The merchant’s appointed agents/sub-agents/stockists should be identifiable as such

ii. They should have understanding and knowledge on seed issues iii. They should have adequate storage.

The application should be made through the secretary of the seed committee (MD

KEPHIS) to register as a seed merchant by filling form SR 3 and enclosing the

registration fee as stipulated by the seed regulation. KEPHIS seed inspectors will then

visit and inspect the premises of the applicant to establish whether the condition for

registration for the appropriate category, have been met, upon which the applicant is

registered or advised on corrective measures, if any. One can apply for one, two or all of

the activities above. Requirements for one to be a Seed Stockist in Kenya

a. One must own or lease a permanent business outlet suitable for selling seed

b. Be appointed by a registered seed merchant as their seed stockist c. Apply to the District Agricultural Committee (DAC) to be considered for

appointment as a seed stockist or sub-agent d. Collect application forms (SR 12) from the nearest KEPHIS regional office

and pay the prescribed fees per application. e. The applicant and seed merchant should fill in the forms and return them

to the KEPHIS regional office.

KEPHIS seed inspectors will then inspect the premises of the applicant to establish whether they:-

i. Have adequate storage capacity for seed quantities that one may desire to store.

ii. Is clean, vermin proof, and waterproof. iii. Has enough lighting and is well ventilated. iv. Have suitable display (e.g. not in direct sunlight)

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If approved, the regional office will then prepare the Seed Seller’s License (Form SR 13). This is issued in the name of the applicant and sent to the seed stockist.

The seed merchant will issue a seed stockist a card to the appointed stockist who has been licensed to sell seed. This card and licensed should be displayed and readily available for inspection by seed inspectors.

Kenya is receiving the not finalized certified seed from Uganda for purposes of

processing and testing. It is hoped that in future this will be extended to the rest of the

countries in the region under the proposed grey label for the inter agency certification.

F. MEMBERSHIP TO INTERNATIONAL ORGANISATIONS

Kenya undertakes its operations as per the set International standards, rules and regulations.

The country has joined or acceded to and is a member of international bodies/organizations as

stated below:

Organization for Economic Cooperation and Development (OECD) Seed Scheme

for field inspection of seed

International Seed Testing Association (ISTA) for the laboratory test of seed

Acceded to UPOV 1978 convention for plant variety protection

International Plant Protection Convention (IPPC) for Phytosanitary measures

Cartagena Protocol on Biosafety – CBD

World Trade Organization (WTO)

South African National Accreditation System (SANAS) which is a full member of

International Laboratory Accreditation Commission (ILAC)

ISTA and SANAS carried out laboratory audit and accreditation under the International

standards (ISO 17025 – 2005). This allows for recognition of the test results given by our

laboratories internationally.

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Appendix 1. SEED CERTIFICATION STANDARDS

Table1. Seed classes- Kenya

The Act has set out eight classes of seed. The eight are shown in the table below.

Code Classes Seed Parents Colour of

Labels colour

1 Br. Breeder Progeny of parental stock.. … … … White

2 Pb. Pre-basic Progeny of parental stock or certified

breeder’s seed… … … White

3 B. Basic Progeny certified breeders seed or certified

pre-basic seed White

4 C.1 Cer.1st gen. Progeny of certified pre-basic seed or

certified basic seed….. Blue

5 C.2 Cert.2nd

Gen. Progeny of certified basic seed or certified 1st generation……..

Pink

6 C.3 Cer.3rd gen.

Progeny of certified 1st generation or certified 2nd generation……

Pink

7 C.4 Cer.4th gen. Progeny of certified 2nd generation or certified 3rd generation…….

Pink

8 Std Standard

Seed

Used when a serious shortage of seed (for

certification) of essential crops occurs Grey

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Table2. Field standards - Kenya

SPECIES

ISOLATION

DISTANCE (M) OFF TYPES

DISEASES / WEEDS TOLERANCE

LEVELS

Maize

Max no. per 100

plants

- Head smut 2 plants per ha

- Loose smut 2 plants per ha

BR 400 0

PB 400 0

B 400 0

C1 200 1

C2-C4 200 2

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Table3. Proposed Regional Seed Certification Standards

Field Standards

OPV MAIZE (Zea mays)

Seed Classes

Basic C1 C2

Land requirement (seasons before) 1 1 1

Isolation (meters) 400 200 200

Maximum off-types (%) 0.1 0.5 0.5

Number of inspections (minimum) 3 2 2

Diseases

Head Smut at final inspection 0 0 0

Common smut at final inspection 0 0 0

Loose smut at final inspection 0 0 0

Laboratory standards

Pure seed % 99.0 99.0 99.0

Maximum Inert matter % 0.95 0.95 0.95

Maximum Other seeds % 0.05 0.05 0.05

Minimum Germination % 90 90 90

Maximum Moisture Content % 13 13 13

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Field Standards

HYBRID MAIZE (Zea mays)

Seed Classes

Basic C1

Land requirement(seasons before) 1 1

Isolation (meters) 400 200

Maximum off-types (%) 0 1

Number of inspections (Minimum) 5 3

Maximum selfing levels % 1

Diseases

Head Smut at last inspection 0 2 plants/ha

Common smut at last inspection 0 2 plants/ha

Loose smut at final inspection 0 0


Pure seed % 99.0 99.0

Maximum Inert matter % 0.95 0.95

Maximum Other seeds % 0.05 0.05

Minimum Germination % 90 90

Minimum Moisture % 13 13

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Table5.Field

standards

Kenya

Sorghum

ISOLATION

DISTANCE (M)

Max no. per 100

plants

- Head smut 2 plants per ha

- Loose smut 2 plants per ha

BR 400 0

PB 400 0

B 400 0

C1 200 1

C2-C4 200 2

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OPV SORGHUM (Sorghum bicolor)

Seed Classes

Basic C1 C2

Land requirement(seasons before) 1 1 1


Maximum Off-types % 1/30m2 1 pl/10m2 1 pl/10m2

Minimum Number of inspections 2 2 2

Diseases

Bunt 1/1000 plants 2/1000 plants 2/1000 plants

Mildew 1/1000 plants 2/1000 plants 2/1000 plants

Ergot 0 0 0

Head /covered smut at final

inspection

1/1000 plants 2/1000 plants 2/1000 plants


Pure seed % 98.0 98.0 98.0





For a quarantine disease the tolerance is zero both in field and Laboratory. The standards also apply to

herbage sorghum

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Tabe7. Kenya

Certification

standards

Millet

ISOLATION

DISTANCE (M) Max no. per 100m2

- Cover smut

- Bunt

- Egort

(1 plant per M2 and 2 plants in

neighbouring field)

- Eleusine indica, Africana, jaegeri,

setaria verticilatta and

dactyloctenium aegyptium weeds -nil

at final inspection

BR 10 1

PB 10 1

B 10 1

C1 4 5

C2-C4 4 6

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Table8.

Kenya

Standards

wheat

Wheat

ISOLATION

DISTANCE (M)

Max. no. per 100

plants

- Bunt 1 head per 100 m2

- Loose smut 1 head per 100 m2

- Covered smut 1 head per 100 m2

- Wild oat nil at final inspection

BR 10 1

PB 10 1

B 10 1

C1 4 5

C2-C4 4 6


WHEAT (Triticum aestivum) BASIC SEED

Field Standards Seed Classes

Basic C1 C2

Land requirements (seasons before) 1 1 1

Isolation (Meters) 10 5 5

Maximum Off-types % 1/100 m2 2 2

Minimum No. of inspections 2 C1=5/100m2

C2=6/100m2

C1=5/100m2

C2=6/100m2

Other crop (inseparable) 0 0.05 0.05

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Diseases

Kernel Bunt 0 1/100m2 1/100m2

Loose smut 1/100m2 1/100m2 1/100m2

Ear cockle 1/100 m2 1/100 m2 1/100 m2

Objectionable weeds (noxious

weeds e.g. wild oats, Datura)

0 0 0


Pure seed % 99.0 99.0 99.0





Other crops (inseparable) refer to other wheat varieties, triticale, barley, and oats

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Table10.Kenya

Certification

standards

Barley

ISOLATION

DISTANCE (M)

Max no. per

100 plants

- Bunt 1 head per 100 m2

- Loose smut 1 head per 100 m2

- Covered smut 1 head per 100 m2

- Wild oat nil at final inspection

BR 10 1

PB 10 1

B 10 1

C1 4 5

C2-C4 4 6

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Table11

Kenya

standards

Cow peas

ISOLATION

DISTANCE (M)

Max no. per 100

plants

- Leaves spots nil at final inspection

- Pod spots nil at final inspection

- Bacterial blight nil at final

inspection

BR 50 0

PB 50 0

B 50 0

C1 25 0

C2-C4 25 0

Sunflower

ISOLATION

DISTANCE (M)

Max no. per 100

plants

- Sclerotinia wilt and head rot (5

plants per 1000 plants)

- Verticilium wilt (5 plants per 1000

plants)

- Downy mildew (5 plants per 1000

plants)

- Alternaria helianthi (5 plants per

1000 plants)

BR 4000 2 male 5 female

PB 4000 2 male 5 female

B 4000 2 male 5 female

C1 1000 5 male 10 female

C2-C4 1000 5 male 10 female

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OPV SUNFLOWER (Helianthus annus)

Seed Classes

Basic C1 C2

Land requirement (Seasons before) 1 1 1


Maximum off-types (%) 0.1 0.1 0.1

Number of inspections(Minimum) 2 2 2

Diseases

Sclerotinia 0 5 plts/1000 5 plts/1000

Verticilium wilt 0 5 plts/1000 5 plts/1000

Downy mildew 0 5 plts/1000 5 plts/1000

Alternaria helianthus 0 5 plts/1000 5 plts/1000


Pure seed % 99.0 99.0 99.0





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Table13. HYBRID SUNFLOWER (Helianthus annus) Field Standards

PROPOSED

EAC & RWANDA

Land requirement (seasons before) 1

Isolation (Meters) 1700

Maximum Off-types (%) 0.1

Number of inspections(Minimum) 2

Diseases

Sclerotinia 0

Verticilium wilt 0

Downy mildew 0

Alternaria helianthus 0


Pure seed % 99.0

Maximum Inert matter % 0.95

Maximum Other seeds % 0.05

Minimum Germination % 85

Maximum Moisture Content % 10

Table14. Kenya standards Pastures

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Rhodes

grass and

Setaria

grass

ISOLATION

DISTANCE

(M)

Max no. per 100m2

BR 200 4

PB 200 4

B 100 4

C1 100 10

C2-C4 100 12

Congo

signal

ISOLATION

DISTANCE

(M)

Max no. per 100m2

BR 50 4

PB 50 4

B 25 4

C1 25 10

C2-C4 25 12

Sudan

grass

ISOLATION

DISTANCE

(M)

Max no. per 100m2

BR 400 0

PB 400 0

B 400 0

C1 200 1

C2-C4 200 2

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Desmodium

ISOLATION

DISTANCE

(M)

Max no. per 100m2

BR 200 0

PB 200 0

B 200 0

C1 100 1

C2-C4 100 2

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ISOLATION

DISTANCE (M)

Max no. per 100

plants

- bacterial wilt

- brown rot

- wart nil at any

- ring rot inspection

- Potato spindle

viroid

- Mycoplasma

BR 100 0

PB 100 1

B 100 2

C1 50 2

C2-C4 50 3

Table15. POTATOES (Solanum tuberosum)

Basic Seed

Seed Certification Standards

Field Standards

Seed Classes

Basic C1 C2 C3

Land requirements (seasons free of potato or

related family)

5 3(**) 3(**) 3(**)

Isolation (meters) 10 5 5 5

Maximum Off-types % BR=0

PB=1

B=2

2/100 plants

2/100 plants

3 /100 plants

Minimum number of inspections 4 4 4 4

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Diseases:

Bacterial wilt % 0 0 0 0

Wart % 0 0 0 0

Golden Nematode % 0 0 0 0

Ring rot % 0 0 0 0

Potato Spindle Tuber Viroid % 0 0 0 0

Mycoplasma 1/1000plants 1/1000plants 1/1000plants 1/1000plants

Black leg % 0 0 0 0

Potato Virus Y 1/1000 plants 10/1000plants 13/1000plants 13/1000plants

SMV 0 13/1000 plants 15/1000 plants 15/1000 plants

Fusarium wilt 0 2/1000 plants 3/1000plants 3/1000plants

Verticilium wilt 0 2/1000 plants 3/1000 plants 4/1000 plants

**for Bacterial Wilt, 7 year rotation is required.

Basic Potatoes cont…

Size:

28-45 mm 5 tubers/25kg

bag

5 tubers/25kg

bag

5 tubers/25kg

bag

5 tubers/

25kg bag

46 – 55 mm 5 tubers/25kg

bag

5 tubers/25kg

bag

5 tubers/25kg

bag

5 tubers/

25kg bag

Standards during storage

Maximum Scab % (No more than 50%

tuber covered) per 25Kg bag

25 50 50 50

Rhizoctonia % 10 30 30 30

Pink rot (Phytophthora erythroseptica) % 0 1 1 1

Soft rot (Erwinia spp) % 0 1 1 1

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Severe Tuber Moth % 2 5 5 5

Misshaped and damaged tubers % 0 5 5 5

Key : BR = Breeder’s Seed ; PB = Pre-basic Seed ; B = Basic (seed classes)

Seed potato importation is subject to quarantine regulation in Kenya. Seed imports is therefore

restricted unless brought in under quarantine measures and have to fulfill the National

performance trials requirements. Availability of certified potato seed has been a major problem

in Kenya in the recent past due to lack of capacity by the seed producer and lack of adequate

basic seed. However a strategic plan has been put in place to specifically ensure availability of

seed.

Table16. Cassava

Proposed Seed Certification Standards

REFERENCE PROPOSED

Field Standards AOSCA OECD Kenya Tanzania Uganda EAC &

RWANDA

Land requirements

(seasons before)

5

Isolation (meters) 10

Maximum Off-types % 0

Minimum No. of

inspections

4

Diseases/pests

Cassava

Mosaic Virus

??

Stem cutting quality standards

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Minimum length 30 cm

Minimum number of live nodes 10

Minimum diameter 3 cm

% skin injury/ scar/damage

(maximum)

20%

Minimum moisture content % 60%

Table 16

In Kenya, Cassava planting material has been subject to phytosanitary and quarantine

regulations mainly. However, under the proposed regional regulations, Cassava is one of the

major crops. Kenya is already developing certification protocols, which cover varietal purity and

phytosanitary requirements.

Table17. Proposed Regional Seed Certification Standards Dry Bean (Phaseolus Vulgaris)

Field Standards Seed Classes

Basic C1 C2

Land requirement (Seasons before) 1 1 1


Maximum Off-types % 1/30m2 1/10m2 1/10m2

Minimum No. of inspections 2 2 2

Diseases

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Common Bean Mosaic Virus % 0 0.1 0.1

Anthracnose % 0.02 0.02 0.02

Halo Blight (Pseudomonas

Phaseolicola) %

0 0.01 0.01

Common Blight (Xanthomonas

phaseoli) %

0 0.02 0.02


Pure seed % 99.0 99.0 99.0





Beans have been certified in Kenya for a while though re use of produce by farmers is common. The proposed standards will further strengthen the process.

Table18. Proposed Seed Certification Standards

RICE (Oryza sativa)

Field Standards

Seed Classes

Basic C1 C2

Rainfed Paddy Rainfed Padd

y

Rainfed Paddy

Land requirements (seasons

before)

1 2 1 2 1 2

Isolation(meters) 5 5 5 5 5 5

Maximum Off-types (%) 0.01 0.01 0.1 0.1 0.1 0.1

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Minimum Number of

inspections

2 2 2 2 2 2

Red rice (or noxious weeds) 0 0 0.1 0.1 0.1 0.1

Diseases

Rice blast 0.1 0.1 2.0 2.0 2.0 2.0

Bacterial leaf blight 1.0 1.0 2.0 2.0 2.0 2.0

White tip nematode 0 0 1.0 1.0 1.0 1.0


Pure seed % 99.0 99.0 98.0 98.0 98.0 98.0

Maximum Inert matter % 0.95 0.95 1.95 1.95 1.95 1.95

Maximum Other seeds % 0.05 0.05 0.05 0.05 0.05 0.05

Minimum Germination % 80 80 80 80 80 80

Maximum Moisture Content

%

13 13 13 13 13 13

Importation of rice seed is prohibited or subjected to quarantine requirements. Though

rice certification scheme was not available in Kenya previously, it has now been put in

place following the demand for the service and increase in varieties and dealers.

Table19. Soya Bean (Glycine Max)

Seed Certification Standards

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Field Standards

Seed Classes

Basic C1 C2

Land requirement (seasons before) 1 1 1


Maximum Off-types % 1/30m2 1/10m2

1/10m2

Minimum Number of Inspections 2 2 2

Disease:

Soybean Mosaic Virus 0 0.02 ?? 0.02 ??

Bacterial Pustule 0 0 0

Bacterial Blight 0 0 0


Pure seed % 98.0 98.0 98.0





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Table20. Ground Nuts (Arachis Hypogea)

Proposed Seed Certification Standards

Basic Seed

Field Standards

Seed Classes

Basic C1 C2

Land requirement (seasons before)

1 1 1


Maximum Off-types % 0.1 0.5 0.5

Minimum No. of inspections 2 2 2

Diseases

Rosette Virus 1/1000plants 5/1000 plants 5/1000 plants

Bacterial wilt 0 0 0


Pure seed % 98.0 97.0 97.0





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Table21. Processing standards

Crop

Screens*

(bottom sleve)

(mm)

Screenings

Allowed Grades

Hybrid maize 7.8 5 LF, LR, MR, MF, HP

Open pollinated

maize

6.75 5 LF, LR, MR, MF, HP

Wheat 2.2 5 --

Barley 2.3 5 --

Oats 2.0 5 --

Triticale 2.0 5 --

Potatoes

28.0 mm - 45.0 mm -- 5 tubers per 50 bag

allowed 46.0 mm - 60.0 mm --

*The requirement can be varied depending on variety and general crop performance as

may be agreed upon by the Seed Regulation committee.

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1. Potatoes

The following diseases/abnormalities will be permitted up to the stated

tolerances:

________________________________________________________________

TOLERANCE (Tubers Per 50 Kg.

Bag)

Disease/Abnormality Basic Certified

Scab (Streptommyces spp; 25 50

Spongospora subterenia)

Rhizoctonia (Rhizoctonia solani 10 30

Pink rot (Phytophora erythroseptica) 0 1

Soft rot (Erwina spp)

Severe tuber moth 2 5

Mis-shapen and damaged tubers 0 5

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Species Minimum

Purity %

By weight

Maximum

Other Crops

Seed %

by weight

Maximum

Weed seeds

% by weight

Minimum

Germination

Capacity %

Maximum

Moisture

Content %

CEREALS

Maize .. .. 99 Trace Trace 90 13

Wheat .. .. 99 Trace 0.1 85 13

Barley .. .. 99 Trace 0.1 90 13

Sorghum . 95 1 1 70 11

Millet .. . 95 1 1 70 11

Oats .. . 99 Trace 0.1 85 13

Triticale .. . 99 1 0.1 80 13

Rye .. . 99 Trace 0.1 85 13

Rice .. .. 99 1 1 70 11

PULSES

Beans .. . 99 Trace 0.1 80 15

Broadbeans . 99 Trace 0.1 80 15

Chickpeas 99 0.1 0.5 75 15

Cluster beans 98 0.1 0.5 75 15

Cowpea .. 98 0.1 0.3 80 12

Dolichos 99 Trace 0.1 80 15

Pea (garden) 98 0.1 0.3 80 12

Pigeon peas 98 0.1 0.3 80 12

Commonvetch 98 Trace 0.1 70 14

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French beans 99 Trace 0.1 80 15

Sugar peas 98 0.1 0.3 75 12

OIL CROPS

Sunflower .. 99 Trace Trace 85 10

Oil Seed rape 99 Trace 0.1 85 10

Safflower .. 99 Trace Trace 85 10

Soya beans .. 98 Trace 0.1 75 14

Groundnuts .. 97 Trace Trace 80 14

Castor beans 98 Trace 0.1 75 14

FIBRE CROPS

Cotton 98 - - 75 10

Flax 98 - - 80 10

Kenaf 98 - - 75 10

ROOT AND TUBER CROPS

Beet 97 0.3 0.1 75 11

Irish Potato 99 - - - -

Turnip 98 0.5 0.3 75 10

FLOWERS

Pyrethrum

Other Species

30

- -

40

-

VEGETABLES

Amaranth .. 98 0.1 0.1 75 9

Artichoke 98 0.1 0.1 75 9

Asparagus 96 0.5 0.5 70 9

Brocolli 97 01 0.3 75 10

Brussels sprout 97 1 0.3 75 10

Cabbage .. 97 1 0.1 75 10

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Canteloupe/ Melon 98 1 0.3 75 9

Carrot .. .. 95 1 1 65 9

Cauliflower .. 97 0.1 0.3 70 10

Celeric/Celery 97 1 0.5 70 10

Chicory 95 1.5 0.5 65 10

Chinese cabbage 97 1 0.3 75 10

Collard/kale .. 97 1 0.3 75 10

Cucumber 98 0.1 0.3 80 9

Dill 98 0.3 0.3 65 10

Eggplant 96 0.5 0.3 65 10

Endive 95 1 0.5 65 11

Garden cress 98 0.1 0.5 80 9

Gourds (Several Species) 97 0.1 0.5 60 9

Kohl rabi .. 97 0.1 0.3 75 10

Leek .. 97 0.5 0.5 65 11

Lettuce .. 95 0.5 0.5 75 8

Okra .. 98 0.1 0.5 65 11

Onion .. 97 0.5 0.5 70 11

Parsley .. 97 0.1 0.5 65 10

Parsnip .. 98 0.5 0.5 60 10

Pepper .. 97 1 0.5 65 10

Pumpkin/Squash/cougette ..

98 0.1 0.3 75 9

Radish .. 97 1 1 60 8

Rhubarb .. 95 0.1 0.3 75 10

Rutabaga .. 98 0.5 0.3 75 10

Spinach/swiss 0.5

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Chard .. 97 1 70 11

Tomato .. 97 0.5 0.3 75 9

Turnip .. 98 0.5 0.3 75 10

Water melon .. 98 0.1 0.3 75 9

Other Vegetable

Seeds .. 95 1 0.5 50 9

Greengram 98 0.1 0.3 80 -

Coriander 95 0.5 0.3 75 -

Tinda 98 0.5 0.3 75 -

GRASSES PURITY

GERMINATION

PGS %

Blue Stem Grass 40

Same for All classes

50

20

Buffel Grass

Cock’s Foot

Paspalum

Rye Grass

Setaria

Rhodes Grass

Sudan Grass

Congo Signal

Coloured Guinea

Columbus Grass

Love Grass

Lawn Grass

Bermuda Grass

PASTURE LEGUMES

Centro .. .. .. 98 55

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Stylo .. .. .. 97 65

Desmodium .. .. 95 70

Clover .. .. .. 98 75

Lucerne .. .. .. 98 75

Siratro .. .. .. 98 80

Glycine .. .. .. 97 70

NOTE:

2. Maize

A seed lot shall not be allowed to contain more than 2.5% of cracked, diseased

and shrivelled seeds.

3. Wheat and Barley

(a) Maximum of 1 seed per litre will be allowed in basic seed lots and 2 seeds

per litre for certified seed lots.

(b) Weed Seeds.- A maximum of 2 seeds per litre will be allowed in basic

seed lots and 4 seeds per litre for certified lots. No deed of wild oats,

thorn apple or other noxious weeds shall be allowed.

(c) Damaged Seeds –

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(i) In basic seed lots a maximum of 10% of naked seeds and 10% of

cracked seeds in barley and oats shall be allowed, while for

certified seed the maximum will be 5%.

(ii) In basic seed lots a maximum of 10% of all discolored seeds e.g.

blue pointed seeds (germ end) and 10% of insect damaged seeds

allowed, while for certified seed the maximum will be 5%.

(d) Sprouted Seeds – in basic seed lots a maximum of 10% short sprouts and

5% long sprouts will be allowed while a maximum of 5% short sprouts

and 2% long sprouts will be allowed in certified seed lots.

(e) The combination of the factors mentioned in (c) and (d) above shall not

exceed 10% for basic seed and 5% for certified seed.

4. Sunflower

(i) Mixtures with other varieties – Maximum of 2 seed per litre allowed.

(ii) Seeds with cracked seed coat – maximum of 5% allowed.

(iii) Noxious weed seed, e.g. Datura – None will be allowed.

5. Beans and Cowpeas

(a) Mixture with other Crop Seeds – None allowed in basic seed while a

maximum of 1 seed per 1,000 of clearly distinguishable other bean seeds

will be allowed for certified seed but seed of other species will not be

allowed.

(b) Weed Seeds: - Free from all weed seeds.

(c) Other Factors.

(i) Spotted beans and heat damaged beans – Maximum 0.5%

allowed.

(ii) Rejects (insect-damaged beans, off-coloured seeds, beans with

cracked skin, broken beans, too small seeds, etc – Maximum 3

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allowed.

6. Sorghum

(a) Mixtures with other Crop Seeds. - A maximum of 1 seed per litre will

be allowed in basic seed lots and 2 seeds per litre on certified seed lots.

(b) Weed Seeds.- A maximum of 2 seeds per litre will be allowed in basic

seed lots and 4 seeds per litre for certified seed., No seed of wild oat or

thorn, apple, striga and orobanche shall be allowed.

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Appendix 2. Seed Regulations Application Forms under the

Kenyan Regulations

Table of contents

1. Application For Registration As A Seed Grower ................................................. 64

2. Certificate Of Registration As Seed Grower ........................................................ 67

3. Application For Registration As A Seed Merchant .............................................. 69

4. Certificate Of Registration As A Seed Merchant ................................................. 74

5. Application For Field Inspection Of A Seed Crop .............................................. 76

6. Farm Map And Location ....................................................................................... 78

7. Field Inspection Result ......................................................................................... 80

8. Field Inspection Summary Report ........................................................................ 82

9. Request For Work Order ....................................................................................... 84

10. Work Order ........................................................................................................... 86

11. Request For Testing Of Seed Sample ................................................................... 88

12. Seed Testing Certificate .................................................................................... 90

13. Test Report ............................................................................................................ 93

14. Stop-Sale Order ..................................................................................................... 96

15. Application For A Seed Seller’s Licence............................................................ 98

16. Seed Sellers Licence ........................................................................................... 100

17. Notice To Import/Export..................................................................................... 102

18. Seed Import/Export Permit .................................... Error! Bookmark not defined.

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135 CAP.326 Seeds and Plant Varieties [Rev.1991

Kenya Subsidiary legislation,

FORM SR 1 SIXTH SCHEDULE (r.7(1))

REPUBLIC OF KENYA

KENYA PLANT HEALTH INSPECTORATE SERVICE (KEPHIS)

APPLICATION FOR REGISTRATION AS A SEED GROWER

To: The Managing Director

KEPHIS

P.O. Box 49592

NAIROBI

I. …………………………………………………………………………………………… (full name) being the

owner/lessee of ……………………………………………… hectares of L.R. No

…………………………………………..……… situated in the ………………………………………….

Division of ……………………………………...…. District do hereby apply to be registered as a Seed

Grower for ………………………….. crop, I have/have not been a seed grower in the past and I have

adequate storage facilities to handle the resultant seed.

The field where I intend to grow the seed crop was previously under

………………………………………………………………………………………………………………

………………

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* Do you have adequate isolation? Yes/No

* Do you have enough labour to detassel, rogue, grade, etc.? Yes/No

If you are a contracted grower, have you been made aware

that only seed that has met the minimum standards shall be

accepted by the merchant? Yes/No

*Delete the inapplicable.

If this is successful you will be required to furnish the details of the crop in Form SR 5.

I enclose a non-refundable fee of three hundred shillings (Kshs.300) in a form of cheque in

payment of this registration.

Date …………………………… Signature

……………………………………..

FOR OFFICIAL USE ONLY

Application Received ………………………………………………

Decision: Approved/Rejected Reg.No.

……………………………………………

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Note. – Secretary seed growers allocation panel shall notify both the unsuccessful and

successful applicants.

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SIXTH SCHEDULE - (Contd.) (r.7(3))

FORM SR 2 REPUBLIC OF KENYA

KENYA PLANT HEALTH INSPECTORATE SERVICE.

CERTIFICATE OF REGISTRATION AS SEED GROWER

Registration No. ……………………………

To …………………………………………………………………………………………………………………….

(Name)

Of …………………………………………………………………………………………………………………..

(Address)

You are hereby registered as a Seed Grower to grow …………………………………………………….

Hectares

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Of ……………………………………… (species) on your farm at

………………………………………………………

………………………………………………………………………………………………………………………………

……

This registration is valid from ……………………………, 19…. To …………………………………,

19 …..

Signature …………………………………………. Date ……………………………………………

Managing Director

Kenya Plant Health Inspectorate Service

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SIXTH SCHEDULE - (Contd.) (r. 8(2))


KENYA PLANT HEALTH INSPECTORATE SERVICE

APPLICATION FOR REGISTRATION AS A SEED MERCHANT

To:

The Managing Director

Kenya Plant Health Inspectorate Service P.O. Box 49592

NAIROBI

1/We hereby apply to be registered as a seed merchant under the

Name …………………………………………………………………………………………………………………………………………………….

Postal Address ……………………………………………………………………………………………………………………………………..

Telephone Number …………………………………………………………………………………………………………………………..…..

Location of the premises ………………………………………………………………………………………………………………….……

1/We wish to deal in:

(i) Production

(ii) Processing

(iii) Marketing

(Please tick)

(1) Merchant Do you have adequate and knowledgeable personnel who are conversant with seed

matters? Yes/No

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(2) Production (i) Do you have adequate land and equipment to handle basic seed? Yes/No

(ii)Do you have contractual agreement with growers you have recruited? Yes/No

(iii) Do you have adequate field officers to supervise and advise growers on all

operations of seed production? Yes/No

(iv) Specify your source of breeders seed……………………………………..

(3) Processing (i) Do you have all equipment and machinery necessary to process seed? Yes/No

(ii) Do you have adequate storage space? Yes/No

(iii)Do you have a capacity to print and label packets/containers as

required by the regulations? Yes/No

(iv) Specify the source of the seed to be processed…………………………………………

(4) Marketing (I)Do you have adequate distributive channels that covers all

agriculturally important regions of the country? Yes/No

(ii) Do you have registered agents, and stockists? Yes/No

(iii)Does your agent, and stockist have an agreement with you for

distributing seed on your behalf?

(iv)Do they have a card that makes them identifiable as your agent,

sub-agent or stockist? .. Yes/No

(v)Do they have adequate understanding and knowledge of seed? Yes/No

(vi)Do they have adequate storage facilities Yes/No

(vii)Do they understand that seed is living and should not be mixed

with dangerous chemicals, kept in moist floors, too high humidity

and excessive temperatures? Yes/No

(viii)Do they make sales returns to you? Yes/No

(ix) Do they know that packets/containers should not be opened, i.e.

sell seed in the whole units as packed by you? Yes/No.

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(x) Specify the source of your seed……………………………………………………………………………………..

Note; The above conditions for registration of seed merchants shall be subject to verification by the authorized officer or his representative

within 3 months of the receipt of this application

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SIXTH SCHEDULE - (Contd….)

APPLICATION FOR REGISTRATION AS A SEED MERCHANT - (Contd.)

The seed will be kept in a store where adequate provisions are available to separate the various seed lots and where no

other articles will be kept which could have an adverse effect on the quality of the seeds.

At anytime during official working hours, even without previous appointment, I/we will allow the inspector (s)

Entry to the seed store (s) and thereby provide them/him/her with the facilities necessary to carry out the inspection work

as laid down in Seed Regulations. In addition, I/we will send a stock list of all seed lots in our stores on 15th May and

15th November or at such a date as can be mutually agreed upon between the MD KEPHIS and ourselves.

I/we enclose the sum of seventy five thousand Kenya shillings (KSh.75,000.00) only in payment for this registration in form of

a cheque payable to the Managing Director, KEPHIS.

Declaration:

In signing this application, I/we also declare that I/we are conversant with and shall observe the various clauses

and conditions of the Seed Regulations.

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Date……………………………………………….. Signature …………………………………………………

Note. (I) The Managing Director KEPHIS, shall inform the unsuccessful applicants and shall send back their cheque to them.

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SIXTH SCHEDULE - (Contd….)

FORM SR. 4 REPUBLIC OF KENYA (r.8(4)


CERTIFICATE OF REGISTRATION AS A SEED MERCHANT

S/No.

…………………………………………………………………………………………………………

……………

For the year

……………………………………………………………………………………………………………………

….

Company

……………………………………………………………………………………………………………………

……..

Postal address

……………………………………………………………………………………………………………………

..

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Tel No.

……………………………………………………………………………………………………………………

…………

Location of premises

……………………………………………………………………………………………………………..

For the category of: (I) Agricultural crops

(ii) Horticultural crops

Registration No. ………………………………….

Note:- This certificate is subject to annual renewal. Failure to renew it for two consecutive

years will lead to loss of your status as a registered seed merchant and thereafter you

must apply anew for registration.

Signature:………………………………………………………. Date: ……………………….

Managing Director


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SIXTH SCHEDULE (Contd…..) (r.10((1))



To:

Managing Director


P.O. Box 49592

NAIROBIA

APPLICATION FOR FIELD INSPECTION OF A SEED CROP

1. Full name of grower …………………………………………….……………Grower number……………………………………………………

2. Postal Address ……………………………..…………………….. (3) Tel. No. ………………………………………………………

3. Farm on which crop is being grown …………………..…………….. L/R. No. ………………………………………………………..

1. Details of crop (Every crop regardless of size must be mentioned separately. A crop is field planted within

5 days).

Species Variety Crop Lot No. of seed used Hectares

_____________________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________________

_________________________________________________________________

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5. Seed rate per hectare ……………………………………………………………………………………………..kg.

6. Registered seed merchant to whom the entire seed stock will be sold. ………………………………………

……………………………………………………………………………………………………………………………………….

7. I enclose a cheque of the sum of shillings …………………………………….. in payment of this inspection and ………………….. number of labels

from packets/containers of the seed for this crop (s); as proof of origin.

8. The person who will be daily in charge of this seed crop is ……………………………………………………

……………………………………………………………………………………………………………………………………

9. Declaration:

(i) In signing this application, I also declare that I am conversant with and shall observe the various clauses and conditions of the Seed

Regulations. In case this application is for seed maize, I also declare that I have no knowledge of maize head smut (Sphacelotheca

reiliana) on this land for the previous three seasons. In case this application is for seed potatoes, I also declare that I have no knowledge

of bacterial wilt (pseudomonoas Solanacearum) on this farm for the previous six years.

(ii) Any rejected seed field shall be treated as a commercial crop…

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SIXTH SCHEDULE - (Contd…)

APPLICATION FOR FIELD INSPECTION OF A SEED CROP - (contd.)

FARM MAP AND LOCATION

1. Indicate the situation of the different crops, stores access from the nearest public road.

2. Number each crop as 1,2,3 etc. and complete the following:

Crop No. Variety Date Planted Approximate Date of

Harvest

Previous cropping for the

3 Seasons

1

2

3

4

5

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6

Date ………………………………………….. Signature of Applicant ……………………………………………………….

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FORM SR 6…… SIXTH SCHEDULE (Contd………………..) [r.10(5)]

REPUBLIC OF KENYA


Seed Quality Control Service

P.O. Box 1679, NAKURU, Tel (037) 850105-6 P.O. Box 249, KITALE, Tel: (0325) 20180, 20521

P.O. Box 49592, NAIROBI Tel (02) 440087, 441804 P.O. Box 80126, Mombasa Tel: (011) 316002, 316003

Growers No. ……………………….

Date: ……………………….

FIELD INSPECTION RESULT

Name of Grower…………………………………………………………Species………………………….………………………………………..

Variety……………………………………………………………………Field No.(s)……………………………..………………………..….….

Crop No.(s)………………………………..…………….…Hectares………………………..………………….Class…………………………..….…………

1st t 2nd 3rd Inspection ………………………………………………………

ITEMS

1. Is the crop true type? Yes No Doubtful

2. Isolation is distance/time Satisfactory Not satisfactory

Remarks…………………………………………………………………………………………………………………………………………………..

3. Of type (describe)………………………………………………………………………………………….……………………………………………

Total found………………………………………………Average found…………………………………………………………………………….

4. Noxious weeds (specify)………………………………………………………………………………………………………………………………

Scattered Colonies of

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5. Other crop species (specify)………………………………….total…………………………………………………………………………………

6. Health (diseases)…………………………………No. of plants………………………………….affected

7. Crop stand good Satisfactory Not satisfactory

Remark………………………………………………………………………………………………………………………………………………….

8. General condition of crop e.g drought, crop husbandry etc……………………………………………………………………………………

No. of counts made…………………………………Average………………………………….per count

No. of plants counted………………………………….Tassels/selfing plants found……………………………………………………………

…………………………………………=……………………………………….%

CROP RESULT Pending Approved Rejected because of ………………………….if to

be re-inspected, re-inspected within ………………………….days.

………………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………Estimate………………..

yeild…………………………………………………….bag/hec

Copy to:

Yours faithfully

KEPHIS

for Managing Director

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FORM SR 6A SIXTH SCHEDULE -----(Contd…..) (r.10(5))

REPUBLIC OF KENYA


SEED QUALITY CONTROL SERVICE

FIELD INSPECTION SUMMARY REPORT

Growers Name …………………………………………….. and No. ……………………………………………………………………………..

Species …………………………………………………. Variety ……………………… Crop No. ……………………………………………..

Class ……………………………………………………. Hectares …………………………………………………………………………………

______________________________________________________________________________________________________________

Factor

1st Inspection 2nd Inspection 3rd Inspection Total No. or %

Off – types

Diseases

Tassels

Weeds

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Other Crops

Others (Specify)

Remarks

………………………………………………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………………………………………………

This crop is: Pending approved rejected.

Date ……………………………………….. Signature ……………………………………………………………….

Managing Director, KEPHIS

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FORM SR7 SIXTH SCHEDULE …..(contd….) (r. 11 (3))

REPUBLIC OF KENYA


To………………………………..

…………………………………

………………………………….

…………………………………

REQUEST FOR WORK ORDER (S)

Merchant:………………………………………………………………………………Date………………………………………….

Grower No/Sip No………………………………………………………………….Name/Origin…………………………………

Species………………………………………………………………………………………………………………………………….

Class (Generation)…………………………………………………………………………………………………………………….

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Lot No…………………………………………………………………………………………………………………………………

No. of bags…………………………………………………………………………….(kgs.)……………………………………..

Cleaning Loss………………………………………………………………………………………%

Provisional Germination………………………………………………………………………….%

Remarks if any……………………………………………………………………………………………………………..

…………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………….

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FORM SR 8 SIXTH SCHEDULE ----(Contd……) (r. 11 (3))

REPUBLIC OF KENYA


WORK ORDER FOR ……………………………………………………….………..

The following lot has been cleared and must be inspected for processing.

Merchant ………………………………………………………………………………………………………………………………………………….

Grower No. ………………………………. and Name ………………………….. Date of Issue …………………………………………….

Species ………………………………………………………………. Variety ……………………………………………………………………..

Generation …………………………………………….. Weight of lot before processing ……….………………………………………….. kg.

Quantity ………………………………………………………… Cleaning loss……….……………………………………………………....%

Lot number……………………………………………………… provisional germination………………………………………………....%

Lot No.

Labels

Serial Nos. of

Label Issue

No. of unused

labels

Date of sealing Nos. of seals

used

Containers Sample No.

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Remarks if any ………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………………………………………

………………………………………………….. The Inspector …………………………… ………. ………

(name) (signature)

Place …………………………………………………………..

Date:…………………………………………………………….

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FORM SR 9 SIXTH SCHEDULE ------- ------ (Contd….) (r. 13 (2))

REPUBLIC OF KENYA


REQUEST FOR TESTING OF SEED SAMPLE

To:

The Official Seed Tester


P.O. Box 1679

NAKURU

The attached sample is enclosed herewith for testing

Details of Sample

1. Name of Producer ………………………………………………………………………………………………………………..

2. Species …………………………………………………………………………………………………………………………….

3. Variety ………………………………………………… Status ………………………………………………………………

10. Lot No. ………………………………………………… Ref No. ………………………………………………………………....

11. Seed Import Permit No. ……………………………. Of ……………………….. Date …………………………………….…

12. Weight of Lot …………………………………………………………………………………………………………………………..

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13. Seed Dressing…………………………………………………………………………………………………………………………….

8 Date of Sampling …………………………………………………………………………………………………………………

14. Further remarks ………………………………………………………………………………………………………………….

(e.g. noxious weeds, seed borne diseases observed in field).

Test required*

PURITY/GERMINATION/MOISTURE/INJURIOUS WEEDS/DISEASE/PESTS

Test to be paid for by …………………………….. P.O. Box …………………………………………………………….

Copies to: KEPHIS REGIONAL OFFICE

P.O. Box 49592, Nairobi

P.O. Box 249, KITALE

I certify that this sample was drawn by me in the prescribed manner.

………………………………………………………….

The Sampler

Date ………………………………………………….

* To be deleted as necessary.

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SIXTH SCHEDULE ------ (Contd………) (r. 13 (3) (b))



OFFICIAL SEED TESTING STATION

SEED TESTING CERTIFICATE

OFFICIAL SAMPLE: TEST NUMBER

Date received:

Lot Number: Weight of lot:

Crop species and variety: As stated by the sender

Country of origin:

Purity Germination

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First

Count

Days %

Pure

Seed

(P)

%

Inert

matter (1)

%

%

Weed

Seeds (3)

%

Second

Count

Days %

Capacity (G)

Days %

Hard

%

Fresh

un-

germ

seeds

%

Remainder

%

Pure Moisture

germinating

seeds PXG

100

% %

* Inc ………………………% abnormal sprouts of which ………………………..% broken germs.

NOTE: Marketable or not marketable

(1)

(2)

(3)

Special test

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Paid Copies to

Deposit

(1)

Govt. (2)

Unpaid Any inquiries concerning this test must quote the Test number

…………………………………………

……

Official Seed Tester

Date……………………………………

….


Seed Testing Laboratory

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SIXTH SCHEDULE (Contd…….) (r. 13 (3) (b))

FORM SR 10B REPUBLIC OF KENYA


OFFICIAL SEED TESTING STATION

TEST REPORT

PRIVATE SAMPLE: TEST NUMBER

Report on private samples are for the information to the sender only

Date received:

Lot Number: Weight of lot:

Crop species and variety: As stated by Seed Inspector

Country of origin:

RESULTS OF ANALYSIS

Purity Germination

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Pure

Seed

(P)

%

Inert

Matter

(1)

%

Other

crop

Seeds

(2)

%

Weed

Seeds

(3)

%

First Count

Days %

Capacity(G)

% Days

Hard

%

Fresh un-germinated Seeds

%

Remai-

der

%

Pure germin Moisture

Ating Seeds

P X G

100

% %

Incl. ……………………………… % abnormal sprouts of which …………………… % broken germs.

(1)

(2)

(3)

____________________________________________ ……………………………………………

Official Seed Tester

Special test Date …………………………………..


Seed Testing Laboratory

Paid Copies to:

(1)

Deposit (2)

Govt

Unpaid

Any inquiries concerning this test must quote the Test number,

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SIXTH SCHEDULE (Contd……) (r.14(2)c)(r.17(8))



STOP-SALE ORDER

Date ………………………………..

Merchant ……………………………………………………………………………………………………………………………………..

Address ……………………………………………………………………………………………………………………………………..

The following lots of seeds are found to be in violation of Seed Regulations:

Species Variety Lot No. No. of

Containers

Quantity Kind of

Violation

Sampled

Yes No

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By this notice you are ordered to hold/these lot/lots of seed in tact at: …………………………………………………………

…………………………………………………………………………………………………………………………. until compliance

with the law has been taken to remove the violation, please advise:

Managing Director

KEPHIS

P.O. Box 49592

NAIROBI Tel. 440087

Other instructions

…………………………………………………………………………………………………………………………………………………………………………………….…

…………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………..

Signed …………………………….

Inspector ……………………….

Date …………………………….

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SIXTH SCHEDULE ------- (Contd…..)



APPLICATION FOR A SEED SELLER’S LICENCE

Managing Director

KEPHIS

P.O. Box 49592

NAIROBI

Applicant …………………………………………………………………………………………………………………………………

Address …………………………………………………………………………………………………………………………………

I hereby apply for seed seller’s licence as an agent/stockist .

Name and address of premises …………………………………………………………………………………………………….

Sub-location ………………………………… Location ………………………… Division …………………………………

Species to be sold …………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………………………..

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…………………………………………………………………………………………………………………………………………..

Storage facilities …………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………………………..

Date …………………………………………….. Signature …………………………………………………………………….


Application received on ……………………………………………………………………………………………………………..

Premises inspected by ……………………………………………………………………………………………………………..

Decision Approved Rejected

Licence No ………………………………………… Date …………………………………………………………….

Signature ……………………………………………………..

Managing Director, Kenya Plant Health Inspectorate Service

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SIXTH SCHEDULE -----(contd…..)



P.O. BOX 49592

NAIROBI

SEED SELLERS LICENCE

Licence No. ……………………………………………………………………………………………………………………………………………

A seed seller’s licence as an agent/stockist is hereby granted to

(Name) ………………………………………………………………………………………………………………………………………………….

(Address) ………………………………………………………………………………………………………………………………………………

for trading of seeds at (Name of premises)

of the period ………………………………………………………….., 19…. To ………………………………………………., 19….

This licence is subject to the following conditions:

1. The seed must at all times meet minimum germination standards.

2. Sealed containers shall not be tampered with.

3. Seed will always remain in a cool and dry atmosphere with no direct sunlight.

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4. Seed will be kept away from chemicals and such other substances as can be injurious to the seed.

5. Upon licensing the licencee shall:

(a) Pay appropriate fee.

(b) Renew the licence upon expiry.

Date ………………………………………… ………………………………………………


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SIXTH SCHEDULE --- (Contd….) (r.19(1)(c))



NOTICE TO IMPORT/EXPORT

To: Managing Director

P.O. Box 49592

NAIROBI

I/We hereby apply to the import/export the seeds as described below in accordance with the terms laid down in the Seeds and Plant Varieties Act, and

the Seeds Regulations made there in.

1. Full name of applicant …………………………………………………………………………………………………………………………………..

2. Postal Address …………………………………………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………………………………………………….

Tel. No. ……………………………………………………………………………………………………………………………………………………

3. KEPHIS Registration Number ……………………………………………………………………………………………………………………….

4. Locational of the stores where the seeds will be kept after arrival …………………………………………………………………………….

………………………………………………………………………………………………………………………………………………………………

5. Quantities on seed of same variety in stock ………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………………………………………………..

6. Name and address of supplier/consignee..………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………………………………………………..

7. Particulars of the seed import

Crops species Variety Category Weight in kg.

8. Declaration from individual merchants:

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In signing this application, I also declare that the seeds as above will, under no circumstances, be distributed for commercial purposes until

they have been official tested.

9. Subject to these conditions, the seed consignment shall be accompanied by:

(a) Phytosanitary certificate.

(b) The orange International (I.S.T.A.) certificate and/ or OECD labels.

10 (a) The seed consignment shall be subjected to the Kenyan Plant Quarantine Regulations and shall be inspected by a plant or

seed inspector on arrival.

(b) Such seeds shall not be distributed prior to the outcome of the test results of the sample

Date …………………………………………………. Signature ……………………………………………………………………..


(1) Recommendation of the Managing Director Kenya Plant Health Inspectorate Service

(2) I have examined the application and I have established that:

(a) The cultivar has/has not been tested for adaptability in Kenya.

(b) The source of importation is/is not reliable

(c) From the sales returns, the quantities of seed of the same cultivar held in stock within the

country is ……………………………. Kilograms/tons.

(d) The applicant has/has not a valid registration certificate.

In view of the above, I recommend/do not recommend the application.

Name ……………………………………..

Signature ……………………………….

Managing Director, Kenya Plant Health Inspectorate Service

Note.- This is subject to approval by the Director of Agriculture and the supplier or merchant shall fulfil the requirements of the ministry of Trade

regarding the importation of seeds.

baseline study/survey report on the seed sector in kenya

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