How to set up commercial nursery

Many readers have been asking about the laws governing horticulture business. Others want to know the export process. Today, we will look at the most basic level for many small holders: starting a nursery.

Generally a nursery refers to a place where plants are propagated. In horticulture, as in any other sector, the quality of planting material is directly proportional to the quality of harvests.

If you have the required knowledge and skills, you can become a horticulture commercial nursery grower. Remember, horticulture is among the leading contributors to the agricultural GDP at 33 per cent and grows at between 15 and 20 per cent per year.

The law governing Horticultural Crop Nurseries

The Horticultural Crops Regulations 2013 was developed by the powers granted under the Agricultural, Fisheries and Food Authority Act 2013. The regulations mandate the directorate of the authority to regulate horticultural nurseries.

The regulations also establish a horticultural crop nursery committee which shall be tasked to prescribe the minimum requirements for establishing and operating a horticultural crop nursery from time to time.

What are the minimum requirements for establishing a horticulture crop nursery?

To establish or operate a horticultural crop nursery or a mother block in any area, that crop nursery or mother block must be registered by the directorate through an application made in the prescribed form and accompanied by a non-refundable fee.

The current minimum requirements are: the site shall be near an all-season water source irrigation/rivers/dams/boreholes; the site shall be isolated farm orchards of the fruit tree to be raised; the site shall be easily accessible; The site shall be free of any harmful diseases; the site shall be fenced; KRA Pin; national identification card; non-refundable registration fee of Sh500

What conditions must be fulfilled before registration?

The altitude of the site should be defined; the site must be inspected by an horticultural inspector and confirmed to be suitable for horticultural crop nursery; the nursery operator should demonstrate adequate knowledge of nursery management and horticultural techniques in respect of horticultural crops to be grown.

To examine these conditions, an authorised inspector must visit and inspect the site and confirm that it is suitable for a horticultural crop nursery. The inspector must be satisfied that the operator or his agent has adequate knowledge of nursery management and horticultural techniques, in respect of the crops that are to be grown.

If the applicant is successful, the directorate shall issue a certificate which is renewable annually, subject to site inspection.

The application and fee is submitted to the Horticulture Crop Development Authority which is the government’s agency for the horticultural sector.

Is your certificate transferable?

One cannot sell, lend, transfer or otherwise dispose of the certificate without prior written permission from the directorate. An operator of a horticulture crop nursery shall display the certificate of registration for inspection at all times.

Can a certificate be revoked?

The directorate may revoke a certificate of registration issued to a nursery or a mother block operator if that operator contravenes the regulations. However, the operator whose certificate has been revoked may re-apply for registration after a period of two years.

Limitations

A nursery operator shall not procure rootstock, scion or seed planting material from sources not approved by the horticulture crop nursery committee.

It is unlawful to transfer or distribute horticulture planting materials from one part of the country to another without an accompanying plant health certificate from the directorate of the Kenya Plant Health Inspectorate Service.

What records should be kept?

A nursery operator shall keep accurate records of distributed planting materials indicating the buyer’s name, district, location, sub-location and postal address; varieties purchased and shall produce such records on demand for the purposes of inspection. Annual records shall be submitted to the authority in the prescribed manner.

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