Agriculture and Food Authority (AFA), is mandated to regulate, develop, and promote the Nuts and Oil Crops Sub-sector in accordance with the provisions of the Crops Act 2013, the AFA Act 2013, the Crops (Nuts and Oil Crops) Regulations 2020, and various Standards.
It has come to the attention of the Authority through its routine surveillance and reports from stakeholders that there has been a rise in malpractices within the macadamia nuts industry that compromised the integrity of the supply chain and undermine the reputation of Kenya’s Macadamia Industry.
These Malpractices include:
- Harvesting, handling, trading, and processing immature macadamia nuts.
- Unauthorized trading of nuts by unlicensed individuals, particularly marketing agents.
- Improper discharge of rejected low-quality nuts into the supply chain where they are
often mixed with higher-quality nuts and resold to unsuspecting processors. - Smuggling of macadamia nuts in- shell out of the country.
The Authority hereby brings to the attention of all stakeholders the following provisions:
- Section 43 of the Agriculture and Food Authority Act prohibits the export of macadamia nuts in shell except with the written authority of the Cabinet Secretary. Further, Section 29 (1) and (2) of the Crops (Nuts and Oil Crops) Regulations, 2020, requires all exports of nuts and oil crops produce and products including macadamia nuts to
go through designated customs ports and export permits must be applied for electronically through KenTrade TFP Single-Window system for each shipment.
- Regulation 23 of the Crops (Nuts and Oil Crops) Regulations, 2020 stipulates that macadamia nuts must only be harvested, handled, and processed when they are physiologically mature. Additionally, the Kenya Standard KS EAS 1169:2024 (Raw Macadamia Nuts In-Shell) and KS 2958-1:2022 (Nuts and Oil Crops Industry – Code of Practice Part 1: Tree Nuts) outline the quality requirements and best practices for macadamia nuts in-shell.
- Regarding registration and licensing, Section 16(1) of the Crops Act, 2013 requires every dealer in scheduled crops to register with the Authority. For clarity, a “dealer” includes any person engaged in collecting, transporting, storing, distributing, buying, or selling nuts and oil crops produce, products, or by-products. This definition encompasses marketing agents, exporters, importers, ship chandlers, and commercial nursery operators. Furthermore, Section 18(1) mandates that manufacturers and processors of scheduled crop products, including macadamia, must be licensed by the Authority.
In view of the above, the Authority in collaboration with County Governments, other Government agencies and law enforcement agencies, will intensify surveillance and enforcement across macadamia-growing and trading regions, aggregation stores, processing facilities and exit points. Individuals or companies found engaging in the harvesting, trading, or processing of immature nuts, operating without a valid license, or discharging rejected/ poor-quality nuts back into the supply chain or smuggling of nuts out of the country will face strict legal action, including license suspension/revocation and criminal prosecution.
We urge all stakeholders—farmers, traders, processors, and exporter to adhere to the relevant regulations and standards to protect the reputation, sustainability, and profitability of Kenya’s macadamia industry.
For inquiries or to report any malpractices please contact the Authority through the following
Email: info@afa.go.ke, afadgsoffice@gmail.com and a copy to infonocd@afa.go.ke
Please take note and comply.
DIRECTOR GENERAL
6th February 2025
