Uganda Act or statute

Parliament of Uganda

National Coffee Act

This Act's purpose is to provide for regulation, promotion and overseeing of the coffee subsector by the Uganda Coffee Development Authority; to facilitate development of a competitive, participat…

Jurisdiction: Uganda
Structure: 57 provisions
Citation: Chapter 38
Dates: As at 31 Dec 2023

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Dates: As at 31 Dec 2023

Source attribution: Source: Uganda Legal Information Institute

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Purpose and legislative effect

“This Act's purpose is to provide for regulation, promotion and overseeing of the coffee subsector by the Uganda Coffee Development Authority; to facilitate development of a competitive, participatory and sustainable coffee subsector in line with the National Coffee Policy, 2013; and to regulate all on‐farm and off‐farm”

This Act's purpose is to provide for regulation, promotion and overseeing of the coffee subsector by the Uganda Coffee Development Authority; to facilitate development of a competitive, participatory and sustainable coffee subsector in line with the National Coffee Policy, 2013; and to regulate all on‑farm and off‑farm activities in the coffee value chain. This section provides definitions for terms used in the Act relating to coffee (for example: "adulterated coffee", "Authority", "Board", "cess", "coffee farmer", "coffee value chain", "Minister", "Ministry", "off-farm activity", "on-farm activity", "out-turn test", "seed"). When a Board member vacancy occurs the Chairperson must notify the Minister within one month; the Minister must appoint a replacement. If the vacancy is for the Chairperson, the Managing Director must notify the Minister and the Minister must, with prior parliamentary approval, appoint a new chairperson. The Board has a set of enumerated functions concerning policy, performance targets and appraisal, organisational structure, financial oversight, staff appointments and discipline, and other functions assigned under the Act. The Chairperson and members of the Board are to be paid remuneration determined by the Minister.

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Preliminary - Purpose of Act

Section 1

Staff of the Authority - Managing Director

The Board must appoint a Managing Director of the Authority; the Managing Director shall hold office for five years, may be re-appointed once, and shall cease to hold office on specified grounds including removal by the Board, resignation, insolvency, certain…

Section 15

Financial matters - Estimates of income and expenditure

The Authority must prepare and submit its annual budget with estimates of income and expenditure to the Minister responsible for finance and must not spend more than its budget without that Minister's approval.

Section 29

Licensing of coffee value chain actors - Power to issue licences

The Authority must, on application, issue specified coffee-related licences and must inform applicants of refusals within thirty days; persons may not carry out listed commercial coffee activities without a licence.

Section 41

Miscellaneous - Power to amend Schedule 1

The Minister responsible for finance may, by statutory instrument and with the approval of Cabinet, amend Schedule 1 to this Act.

Section 57

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Showing 57 of 57 provisions

Provision 49Offence 5InterpretationCommencement

Part I

Preliminary

§ 1Preliminary - Purpose of ActProvision

Section Purpose of Act Section The purpose of this Act is to— provide for the regulation, promotion and overseeing of the coffee subsector by the Uganda Coffee Development Authority ; facilitate the development of a competitive, participatory and sustainable coffee subsector in accordance with the National Coffee Policy, 2013; and regulate all on-farm and off-farm activities in the coffee value chain .

Section 1Verify source

§ 2Preliminary - InterpretationInterpretation

This section provides definitions for terms used in the Act relating to coffee (for example: "adulterated coffee", "Authority", "Board", "cess", "coffee farmer", "coffee value chain", "Minister", "Ministry", "off-farm activity", "on-farm activity", "out-turn test", "seed").

Section Interpretation Section In this Act, unless the context otherwise requires— " adulterated coffee " means different types of coffee mixed together or coffee mixed with non-coffee material or immature coffee mixed with mature red ripe cherry; “ Authority ” means the Uganda Coffee Development Authority referred to in section 3 ; “ bare ground ” means the open soil surface; “ Board ” means the Board of the Authority established by section 7 ; “ cess ” means a levy on export of coffee on Free on Rail or Free on Truck or any other form of acceptable contract price; “ coffee extension officer ” means an officer of the Authority or other person authorised in writing by the Authority to carry out functions of the Authority ; “ coffee farmer ” means a person who grows coffee; “ coffee inspector ” means any officer of the Authority or other person authorised in writing by the Authority to carry out inspection under this Act; “ coffee subsector ” means a division or part of the agricultural sector relating to the coffee value chain ; “ coffee value chain ” means the activities or processes relating to coffee and includes research, planting and growing coffee, harvesting, dicing, storage, sorting, grading, handling, processing, roasting, brewing, marketing, export and consumption of coffee; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “Minister” means the Minister responsible for the coffee subsector ; “ Ministry ” means the ministry responsible for the coffee subsector ; “ off-farm activity ” means any activity or process relating to coffee that is carried out outside a coffee farm and includes sorting, drying, storing, processing, grading, transporting, marketing, exporting, roasting, brewing and consumption of coffee; “ on-farm activity ” means any activity or process relating to coffee that is carried out on a coffee farm and includes planting, soil and water management, pest and disease control and harvesting; “ out-turn test ” means a test conducted to determine the quality and value of coffee obtained from a given quantity of processed coffee; “ seed ” means a propagative material, plant and part of a plant intended for the propagation and multiplication of a coffee variety.

Section 2Verify source

Part II

Uganda Coffee Development Authority

§ 10Uganda Coffee Development Authority - Filling of vacancies of BoardProvision

When a Board member vacancy occurs the Chairperson must notify the Minister within one month; the Minister must appoint a replacement. If the vacancy is for the Chairperson, the Managing Director must notify the Minister and the Minister must, with prior parliamentary approval, appoint a new chairperson.

Section Filling of vacancies of Board Section Where a member of the Board resigns, dies, is removed from office or is for any other reason unable to act as a member of the Board , the Chairperson shall notify the Minister of the vacancy within one month of the occurrence of the vacancy. The Minister shall, on being notified of a vacancy under subsection (1) , appoint another person to hold office in accordance with section 7 . Where the member of the Board referred to in subsection (1) is the Chairperson of the Board, the Managing Director shall notify the Minister of the vacancy and the Minister shall, with the prior approval of Parliament, appoint another person to serve as chairperson.

Section 10Verify source

§ 11Uganda Coffee Development Authority - Functions of BoardProvision

The Board has a set of enumerated functions concerning policy, performance targets and appraisal, organisational structure, financial oversight, staff appointments and discipline, and other functions assigned under the Act.

Section Functions of Board Section The functions of the Board are— to formulate and review the policy of the Authority ; to set targets for the annual performance of the Authority ; to appraise and evaluate the performance of the management of the Authority ; to determine the organisational structure and staffing of the Authority ; to oversee the management of the finances and assets of the Authority ; to appoint and discipline members of staff of the Authority ; and to perform any other function assigned to it under this Act.

Section 11Verify source

§ 12Uganda Coffee Development Authority - Remuneration of members of BoardProvision

The Chairperson and members of the Board are to be paid remuneration determined by the Minister.

Section Remuneration of members of Board Section The Chairperson and members of the Board shall be paid such remuneration as may be determined by the Minister.

Section 12Verify source

§ 13Uganda Coffee Development Authority - Meetings of BoardProvision

The meetings of the Board and related matters shall be conducted in accordance with Schedule 2 to this Act.

Section Meetings of Board Section The meetings of the Board and related matters shall be conducted in accordance with Schedule 2 to this Act.

Section 13Verify source

§ 14Uganda Coffee Development Authority - Committees of BoardProvision

The Board may appoint committees to inquire into and advise on matters, to exercise delegated powers or functions, and may require committees to act jointly; committees must have a chairperson and other persons and may regulate their procedure subject to Board direction, but must follow Schedule 2.

Section Committees of Board Section The Board may appoint committees— to inquire into and advise the Board on any matter concerning the functions of the Authority as the Board may refer to the committee; to exercise such powers or perform such functions of the Authority as the Board may delegate or refer to the committee. A committee appointed under subsection (1) shall consist of a chairperson and other persons, whether members of the Board or not, as the Board may determine. The Board may require a committee appointed under this section to act jointly or in cooperation with any other committee. Subject to any direction given by the Board , a committee appointed under this section may regulate its own procedure, but shall in any event, be guided by the procedure in Schedule 2 to this Act.

Section 14Verify source

§ 3Uganda Coffee Development Authority - Uganda Coffee Development AuthorityCommencement

Establishes the Uganda Coffee Development Authority as a body corporate with powers to own property, sue and be sued, sets custody and authentication rules for its seal and requires signatures; provides continuity for the pre-existing Authority.

Section Uganda Coffee Development Authority Section The Authority shall be a body corporate with perpetual succession and a seal and may, for the discharge of its functions under this Act— The Uganda Coffee Development Authority existing immediately before the commencement of this Act, shall continue to exist subject to the provisions of this Act. acquire, hold and dispose of movable and immovable property; sue and be sued in its corporate name; and do all acts and things as a body corporate may lawfully do. The seal of the Authority shall be determined by the Board and shall be kept in the custody of the Managing Director. The seal shall, when affixed to any document, be authenticated by the signatures of the Chairperson and the Managing Director. In the absence of the Chairperson or where the Chairperson is not able to sign a document, the Board shall appoint from among themselves a member to sign in the place of the Chairperson. In the absence of the Managing Director, a person performing the functions of Managing Director shall sign. Every document purporting to be an instrument issued by the Authority and sealed with the seal of the Authority and authenticated in the manner prescribed in subsections (4) , (5) and (6) , shall be received in evidence as such an instrument without further proof unless the contrary is proved.

Section 3Verify source

§ 4Uganda Coffee Development Authority - Objectives of AuthorityProvision

The Authority's objectives include promoting good practices, regulating on- and off-farm coffee activities, promoting research and value addition, facilitating credit, monitoring marketing and prices, ensuring quality, conducting market research, promoting related industries and services, organising farmers, and promoting consumption and tourism.

Section Objectives of Authority Section The objectives of the Authority are— to promote good practices in all activities in the coffee value chain ; to regulate on-farm and off-farm activities in the coffee value chain ; to promote research along the coffee value chain ; to promote value addition to coffee including primary processing and establishing soluble coffee plants; to promote access to easy and cheap credit for coffee value chain actors; to promote and monitor the marketing of coffee in order to optimise foreign exchange earnings and payments to farmers; to control the quality of coffee at all stages of the value chain in order to ensure that the coffee meets the Standards prescribed under this Act; to monitor the international price of coffee in order to disseminate indicative prices at which coffee may be traded; to conduct market research for the development of the coffee subsector ; to promote industries related to coffee; to develop and promote coffee specific extension services; to coordinate with key stakeholders, to organise the farmers in the coffee subsector ; to promote the production and marketing of final products of coffee; to promote domestic consumption of coffee; and to promote coffee tourism in Uganda.

Section 4Verify source

§ 5Uganda Coffee Development Authority - Functions of AuthorityProvision

The Authority has multiple functions concerning the coffee value chain, including regulating activities, promoting and registering participants, registering exports and assessing cess, prescribing quality standards and prices, licensing operators, supporting research and extension services, advising Government, liaising internationally, collecting data, and performing functions directed by the Minister.

Section Functions of Authority Section The functions of the Authority are— to regulate all activities of the coffee value chain including on-farm and off-farm coffee activities, coffee roasting and brewing, sales and marketing and the quality of coffee and coffee byproducts, including activities of related industries in accordance with this Act; to promote, strengthen and register coffee farmers, farmers groups, associations and cooperatives, processors, roasters, brewers, traders, middlemen and persons or bodies involved in the coffee value chain ; to register all coffee exports and assess cess ; to promote the formation and development of value chain organisations at the various levels of the coffee value chain ; to promote and support research into the coffee industry or processes along the coffee value chain and determine and prescribe through research, the types and varieties of coffee to be cultivated in Uganda, and their management systems; to promote and support joint ventures, investments and concessions in the coffee value chain ; to prescribe quality control standards for the sale and marketing of coffee, issue indicative prices at which coffee may be traded and protect coffee farmers from exploitation and unfair trade practices; to profile, grade and certify grades and quantities of coffee along the coffee value chain ; to license coffee nursery operators, seed garden operators, traders, processors, exporters, management agents, warehouse operators, auctioneers, pulping stations, packers and roasters in accordance with regulations made by the Minister; to coordinate the provision of coffee specific extension services in consultation with the Ministry ; to advise Government on all coffee subsector policies and reconcile them to the national macroeconomic policies; to liaise with regional and international coffee organisations to promote Uganda’s coffee on the world market and be responsible for the administration of the stamp of the International Coffee Organisation; to organise capacity building initiatives for coffee farmers, farmers associations, roasters, brewers, technicians, coffee processors and quality controllers; to collect, collate and analyse data, maintain a database on coffee, and document and monitor the coffee subsector performance; and to perform any other function as may be directed by the Minister.

Section 5Verify source

§ 6Uganda Coffee Development Authority - Powers of AuthorityProvision

The Authority may arbitrate disputes in the coffee value chain; where the Authority is in dispute with a person or body in the coffee value chain the parties must agree an arbitrator under applicable Ugandan law.

Section Powers of Authority Section The Authority may, in the exercise of its functions, arbitrate disputes between coffee farmers, coffee exporters, coffee processors, coffee roasters, coffee buyers including other persons and bodies in the coffee value chain . Where there is a dispute between the Authority and any person or body in the coffee value chain , the parties shall agree to an arbitrator in accordance with the applicable laws of Uganda.

Section 6Verify source

§ 7Uganda Coffee Development Authority - Board of DirectorsProvision

The Authority must have a Board of Directors as its governing body composed of specified representatives; the Minister appoints members (except the Managing Director); at least one-third of Board members must be women; the Managing Director is an ex‑officio member.

Section Board of Directors Section The Board shall consist of— The Authority shall have a Board of Directors, which shall be the governing body of the Authority . a chairperson; a representative of the Ministry responsible for finance; a representative of the Ministry responsible for agriculture; a representative of the Ministry responsible for trade; a representative of the coffee farmers; a representative of the coffee processors; a representative of the coffee exporters; a representative of the coffee roasters; a representative of the National Agricultural Research Organisation; and the Managing Director, who shall be an ex-officio member . At least one-third of the members of the Board shall be women, one of whom shall be a member referred to in subsection (2)(e) , (f) , (g) and (h) . The members of the Board , except the Managing Director, shall be appointed by the Minister. The Minister shall in appointing the members of the Board , other than the chairperson, invite nominations from the respective Ministries, institutions or organisations from whom the appointments shall be made.

Section 7Verify source

§ 8Uganda Coffee Development Authority - Disqualification from appointmentOffence

A person shall not be appointed to the Board if they meet listed disqualification criteria (conviction for dishonesty or fraud; undischarged bankruptcy; imprisonment of six months or more without option of a fine; or membership of Parliament, a Minister, or a local government council).

Section Disqualification from appointment Section A person shall not be appointed to the Board if he or she— has been convicted of an offence involving dishonesty or fraud by a competent court in Uganda or elsewhere; has been declared bankrupt and has not been discharged; has been convicted of an offence and sentenced to imprisonment for six months or more without the option of a fine by a competent court in Uganda or elsewhere; or is a member of Parliament, a Minister or a member of a local government council.

Section 8Verify source

§ 9Uganda Coffee Development Authority - Tenure of office of members of BoardOffence

Members (other than the Managing Director) hold office for three years and may be re-appointed once; Chairperson and members hold office on terms in instruments; a member may resign with at least one month written notice to the Minister; the Minister may remove members for listed grounds.

Section Tenure of office of members of Board Section The Minister may, at any time remove a member of the Board — A member of the Board other than the Managing Director shall hold office for three years and is eligible for re-appointment for one further term. The Chairperson and the members of the Board shall hold office on terms and conditions specified in the instruments of appointment. A member of the Board may, at any time, resign from office by giving written notice of not less than one month to the Minister. for inability to perform the functions of his or her office arising from infirmity of body or mind; for misbehaviour or misconduct; for incompetence; for failure to disclose, at a Board meeting, a matter in which he or she has a personal interest; for absence without prior notice to the Chairperson of the Board , or without reasonable cause, for more than four consecutive scheduled meetings of the Board ; for having been declared bankrupt; on the written recommendation of the body represented by that member stating reasons for disqualification; for conviction for a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine; or where information relating to the conduct of the member, which could have precluded his or her appointment if it had been made available to the Minister, is brought to the attention of the Minister.

Section 9Verify source

Part III

Staff of the Authority

§ 15Staff of the Authority - Managing DirectorOffence

Section Managing Director Section The Managing Director shall cease to hold office if he or she— is removed from office by the Board — There shall be a managing director of the Authority who shall be appointed by the Board , on such terms and conditions as the Board may determine. The Managing Director shall be a person of high moral character and proven integrity, with the relevant professional qualifications, skills and experience in coffee related matters. The Managing Director shall hold office for five years and is eligible for re-appointment for one more term. resigns; is declared insolvent or has made an arrangement with his or her creditors; is convicted of a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine; for inability to perform the functions of his or her office arising from infirmity of body or mind; or for misbehaviour, misconduct or incompetence.

Section 15Verify source

§ 16Staff of the Authority - Functions of Managing DirectorProvision

The Managing Director must perform and is responsible for numerous functions including day-to-day operations, serving as chief executive and accounting officer, implementing policies and programmes and reporting to the Board, managing funds and property, organising staff, cooperating with government bodies, developing management structures and plans, ensuring policy implementation and targets are met, providing advice, performing other Board-assigned functions, and is answerable to the Board.

Section Functions of Managing Director Section Subject to this Act and to the general supervision and control of the Board , the Managing Director shall be responsible for— The Managing Director is responsible for the day-to-day operations and administration of the Authority . The Managing Director shall be the chief executive and accounting officer of the Authority . the implementation of the policies and programmes of the Authority and reporting on them to the Board ; the proper management of the funds and property of the Authority ; the organisation and control of the staff of the Authority ; cooperation with other Ministries, departments and agencies of Government and organisations to achieve the objectives of the Authority ; developing an economic, efficient and cost-effective internal management structure; developing and implementing the strategic plan, business plan and annual plan of the Authority ; ensuring that the policies of the Authority are implemented and that the agreed objectives, targets and service standards are met; providing advice as may be required on all matters within the functions of the Authority ; and performing any other function necessary for the implementation of this Act as may be assigned to him or her by the Board . In the performance of his or her functions, the Managing Director is answerable to the Board .

Section 16Verify source

§ 17Staff of the Authority - Secretary to BoardProvision

The Secretary to the Board must be appointed by the Board and is responsible for arranging meetings, taking minutes, keeping Board records, providing legal advice to the Authority, performing functions assigned by the Managing Director, and is answerable to the Managing Director.

Section Secretary to Board Section The Secretary to the Board shall be responsible for— There shall be a secretary to the Board who shall be appointed by the Board in accordance with section 186 of the Companies Act. arranging the business of the meetings of the Board ; taking the minutes of the meetings of the Board ; keeping the records of the decisions and other policy records of the Board ; providing legal advice on all activities of the Authority ; and performing any other function assigned by the Managing Director. In the performance of his or her functions, the Secretary is answerable to the Managing Director.

Section 17Verify source

§ 18Staff of the Authority - Other staff of AuthorityProvision

The Board must appoint other staff of the Authority as necessary, the staff hold office on terms set by the Board, and the Board must regulate appointment, service terms and discipline.

Section Other staff of Authority Section The Board shall appoint other staff of the Authority as may be necessary for the proper and efficient performance of the functions of the Authority . The staff appointed under subsection (1) shall hold office on such terms and conditions determined by the Board and specified in the instruments of appointment. The Board shall regulate the manner of appointment, terms and conditions of service and the discipline of the staff appointed under this section.

Section 18Verify source

§ 19Staff of the Authority - Appointment of coffee inspectorsProvision

The Authority may appoint a qualified person by notice in the Gazette to be a coffee inspector; an appointed person shall hold office for five years, subject to re-appointment by the Authority.

Section Appointment of coffee inspectors Section The Authority may, by notice in the Gazette , appoint a qualified person to be a coffee inspector , for the purposes of ensuring compliance with this Act. A person appointed under subsection (1) shall hold office for a period of five years, subject to re-appointment by the Authority.

Section 19Verify source

§ 20Staff of the Authority - Qualifications of coffee inspectorsProvision

A person must have at least a diploma in agriculture or related sciences and extensive coffee knowledge and experience to qualify as a coffee inspector.

Section Qualifications of coffee inspectors Section A person shall qualify to be a coffee inspector if he or she possesses a minimum of a diploma in agriculture or related sciences and has extensive knowledge and experience in coffee related matters.

Section 20Verify source

§ 21Staff of the Authority - Powers of coffee inspectorsProvision

Coffee inspectors may enter and inspect premises and take samples to ensure compliance; they must produce their appointment and identification when required.

Section Powers of coffee inspectors Section A coffee inspector may, at any reasonable hour, enter any place where coffee is grown, pulped, processed, packed, roasted, stored, warehoused or sold to inspect and examine it for the purpose of ensuring that the provisions of this Act are complied with. A coffee inspector may, for purposes of securing compliance with this Act, take samples of coffee found in a store, plant or other place or premises including any land, and subject the samples to such tests as he or she may deem necessary. A coffee inspector shall, when exercising powers under this Act, produce the instrument of appointment and identification as a coffee inspector when required to do so by any person.

Section 21Verify source

§ 22Staff of the Authority - Appointment of coffee extension officersProvision

The Authority may, by Notice in the Gazette, designate qualified persons as coffee extension officers; a person so designated shall be a coffee extension officer for five years or such period as the Authority determines.

Section Appointment of coffee extension officers Section The Authority may, by Notice in the Gazette , designate qualified persons to be coffee extension officers for purposes of ensuring compliance with this Act. A person designated under subsection (1) shall be a coffee extension officer for five years or such period as the Authority may determine.

Section 22Verify source

§ 23Staff of the Authority - Qualifications of coffee extension officersProvision

A person must possess at least a Bachelor of Science in agriculture, agribusiness management, agriculture extension, or a related field from a recognised university to qualify as a coffee extension officer.

Section Qualifications of coffee extension officers Section A person shall qualify to be a coffee extension officer if he or she possesses a minimum of a Bachelor of Science in agriculture, agribusiness management or agriculture extension or a related field from a recognised university.

Section 23Verify source

§ 24Staff of the Authority - Functions of coffee extension officerProvision

A coffee extension officer must perform a list of functions including nursery development, supervising standards, implementing extension programmes, promoting research technologies, disease surveillance, advising farmers, liaising with authorities, participating in planning, supporting data collection, monitoring quality and regulations, compiling monthly reports, and other functions assigned by the Authority.

Section Functions of coffee extension officer Section A coffee extension officer shall carry out the following functions— implement and supervise coffee nursery development programmes; oversee compliance with established standard procedures and operating guidelines; implement coffee extension programmes developed by the Authority ; promote and disseminate to farmers new technologies developed as a result of research in coffee; maintain surveillance on coffee diseases and pests; advise farmers on the control of coffee disease and pest control measures; liaise with and ensure effective collaboration with local authorities and other bodies with an interest in matters of coffee development; participate in the development of work plans and budgets; provide technical support in the collection of data for coffee production and marketing; monitor the quality of coffee and enforce coffee regulations; compile monthly reports on coffee activities; and carry out any other function as the Authority may assign.

Section 24Verify source

Part IV

Financial matters

§ 25Financial matters - Funds of AuthorityProvision

The Authority's funds must consist of money appropriated by Parliament for the Authority and in accordance with the Public Finance Management Act.

Section Funds of Authority Section The funds of the Authority shall consist of money appropriated by Parliament for the purposes of the Authority in accordance with the Public Finance Management Act.

Section 25Verify source

§ 26Financial matters - Levy on coffee exportsProvision

The Authority must levy a charge, not exceeding two percent, on the export contract price for coffee.

Section Levy on coffee exports Section The Authority shall levy a charge not exceeding two percent on the Free on Rail or Free on Truck or other form of acceptable contract price for the export of coffee.

Section 26Verify source

§ 27Financial matters - Authority to operate on sound financial principlesProvision

The Authority must operate on sound financial principles when performing its functions under the Act.

Section Authority to operate on sound financial principles Section In the performance of its functions under this Act, the Authority shall operate on sound financial principles.

Section 27Verify source

§ 28Financial matters - Power to open and operate bank accountsProvision

The Board must, with the authority of the Accountant General, open and maintain such bank accounts as are necessary for the Authority's functions.

Section Power to open and operate bank accounts Section The Board shall, with the authority of the Accountant General, open and maintain such bank accounts as are necessary for the performance of the functions of the Authority .

Section 28Verify source

§ 29Financial matters - Estimates of income and expenditureProvision

Section Estimates of income and expenditure Section The Authority shall, in accordance with the Public Finance Management Act, prepare and submit to the Minister responsible for finance for approvals budget containing the estimates of income and expenditure of the Authority for the next financial year. The Authority shall not incur any expenditure exceeding its budget without the approval of the Minister responsible for finance.

Section 29Verify source

§ 30Financial matters - AccountsProvision

The Authority must keep proper books of account and related records; and within two months after each financial year end must prepare and submit the previous year's financial statements and accounts to the Auditor General.

Section Accounts Section The Authority shall— keep proper books of accounts and all records relating to the transactions and affairs of the Authority ; within two months after the end of each financial year, prepare and submit annual financial statements and annual accounts for the preceding financial year to the Auditor General.

Section 30Verify source

§ 31Financial matters - AuditProvision

The Auditor General or a delegate must audit the Authority's accounts each financial year and must submit a report to the Minister and Parliament within three months after receipt of the accounts.

Section Audit Section The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Authority . The Auditor General or an auditor appointed by the Auditor General shall, within three months after receipt of the accounts, submit to the Minister and Parliament a report on the audited accounts of the Authority .

Section 31Verify source

Part IX

Coffee research and coffee auction

§ 49Coffee research and coffee auction - Coffee researchProvision

The Authority must, in coordination with the National Agricultural Research Organisation, oversee formulation of a National Coffee Research and Development Agenda.

Section Coffee research Section The Authority shall, in coordination with the National Agricultural Research Organisation, oversee the formulation of a National Coffee Research and Development Agenda to guide coffee research. The National Coffee Research and Development Agenda formulated under subsection (1) shall be approved by the National Agricultural Research Organisation and validated by the Board and industry stakeholders. The National Coffee Research Institute shall be responsible for undertaking coffee research related to its mandate and competence. The Authority shall engage other research services to undertake research in areas in which they have a comparative advantage and competence.

Section 49Verify source

§ 50Coffee research and coffee auction - Coffee auction systemProvision

The Authority must establish a coffee auction system.

Section Coffee auction system Section The Authority shall establish a coffee auction system. The coffee auction system established under subsection (1) shall be used as an alternative method to the day-to-day method of selling coffee.

Section 50Verify source

Part V

Registration of persons or bodies in coffee value chain

§ 32Registration of persons or bodies in coffee value chain - Registration of coffee farmersProvision

The Authority must register all coffee farmers in the coffee subsector.

Section Registration of coffee farmers Section The Authority shall register all coffee farmers in the coffee subsector . A person shall be registered as a coffee farmer if he or she is growing coffee at the time of registration.

Section 32Verify source

§ 33Registration of persons or bodies in coffee value chain - National register of coffee farmersProvision

The Authority must establish and maintain a national register of coffee farmers, issue registration numbers when registering farmers, must not charge registration fees, and must use the register information to facilitate services.

Section National register of coffee farmers Section The register shall contain the particulars of every coffee farmer , including— The Authority shall establish and maintain a national register of coffee farmers. The register shall be maintained as an electronic database or in any other form determined by the Board . the name and address of the farmer, and if the farmer is a member of a coffee farmers group or association, the name and address of the group or association; where the person who owns the land is different from the coffee farmer , the name and address of the owner of the land on which the coffee farm is located; the district, subcounty, parish and village in which the coffee farm is located; the acreage of land on which the coffee is grown on the date of its registration; the variety and type of coffee grown; the age and number of coffee trees; and any other information which may be deemed necessary for the purpose of registration. The Authority shall, on registering a coffee farmer , issue the coffee farmer a registration number. The Authority shall not charge fees for the registration of a coffee farmer . The Authority shall use the information compiled in the register to facilitate the provision of services to coffee farmers individually or through farmers groups. For the avoidance of doubt, the registration of farmers shall be on a continuous basis.

Section 33Verify source

§ 34Registration of persons or bodies in coffee value chain - Application to operate coffee nursery or coffee seed gardenProvision

People who want to operate a coffee nursery or coffee seed garden must apply in writing to the Authority; the Authority must assess soil and the facility and, if satisfied, issue a certificate. Persons planting coffee must obtain planting materials from certificated operators.

Section Application to operate coffee nursery or coffee seed garden Section A person who wishes to operate a coffee nursery or a coffee seed garden shall apply to the Authority in writing. The Authority shall assess the soil type to determine the type and variety of coffee to be planted by a coffee nursery operator or a coffee seed garden operator. The Authority shall assess the coffee nursery or coffee seed garden and, if satisfied, issue the coffee nursery operator or coffee seed garden operator with a certificate to operate a coffee nursery or a coffee seed garden. A certificate issued under this section shall be renewed annually. A person who wishes to plant coffee shall obtain planting materials from a coffee nursery or a coffee seed garden of a certificated operator.

Section 34Verify source

§ 35Registration of persons or bodies in coffee value chain - Registration of coffee nursery operators and coffee seed garden operatorsProvision

The Authority must register every coffee nursery operator and every coffee seed garden operator.

Section Registration of coffee nursery operators and coffee seed garden operators Section The register shall contain the particulars of every coffee nursery operator and coffee seed garden operator including— The Authority shall register every coffee nursery operator and coffee seed garden operator. the full name and address of the coffee nursery operator or coffee seed garden operator; where the person who owns the land is different from the coffee nursery operator or coffee seed garden operator, the name and address of the owner of the land; the district, subcounty, parish and village in which the coffee nursery or coffee seed garden is located; the type and variety of coffee grown in the coffee nursery or coffee seed garden; and any other information which may be deemed necessary for the purpose of registration.

Section 35Verify source

§ 36Registration of persons or bodies in coffee value chain - Registration of coffee farmer organisations and cooperativesProvision

The Authority must register and keep a register of coffee farmer organisations and cooperatives, issue registration numbers on registration, and promote an apex body.

Section Registration of coffee farmer organisations and cooperatives Section The register of coffee farmer organisations and cooperatives shall contain the particulars of every coffee farmer organisation and cooperative including— The Authority shall register all coffee farmer organisations and cooperatives. The Authority shall keep a register of coffee farmer organisations and cooperatives. the name and address of the coffee farmer organisation or cooperative; the number of the members, their names and addresses; the type and variety of coffee grown in the coffee farm; and any other information which may be deemed necessary for the purpose of registration. The Authority shall, on registering a coffee farmer organisation or cooperative, issue the coffee farmer organisation or cooperative with a registration number. The Authority shall promote the formation of an apex body to represent all coffee farmers’ organisations and cooperatives.

Section 36Verify source

§ 37Registration of persons or bodies in coffee value chain - Registration of persons and bodies in coffee value chainProvision

The Authority must register and regulate persons and bodies in the coffee value chain across Uganda and must promote formation of apex bodies to represent and advocate for each category of coffee value chain activities.

Section Registration of persons and bodies in coffee value chain Section The Authority shall register and regulate persons and bodies in the coffee value chain at the various levels of the coffee value chain throughout Uganda. The Authority shall promote the formation of apex bodies to represent and advocate for the interests of each category of the activities and processes of the coffee value chain .

Section 37Verify source

§ 38Registration of persons or bodies in coffee value chain - National registers of coffee value chain actorsProvision

The Authority must keep and maintain national registers of specified coffee value chain actors.

Section National registers of coffee value chain actors Section The Authority shall keep and maintain the following national registers of coffee value chain actors— a register of pulpers; a register of coffee buyers; a register of coffee graders; a register of coffee exporters; a register of operators of coffee stores or warehouses; a register of processors of coffee of any variety and grade; a register of coffee roasters, coffee shop operators and brewers; a register of coffee hullers; and a register of coffee processing factories for instant, granulated, soluble and roasted coffee.

Section 38Verify source

§ 39Registration of persons or bodies in coffee value chain - Particulars of national registers of coffee value chain actorsProvision

National registers must record specified particulars for each coffee value chain actor, including name and address, directors' or partners' names and shareholdings, activity, capacity, location, and any other information necessary for registration.

Section Particulars of national registers of coffee value chain actors Section The national registers of coffee value chain actors shall contain for each category the particulars of each coffee value chain actor including— the name and address of the value chain actor; the name and address of each director or partner and the shareholding of each shareholder; the activity undertaken by the value chain actor; the capacity of the value chain actor; the location of the value chain actor; and any other information which may be deemed necessary for the purpose of registration.

Section 39Verify source

§ 40Registration of persons or bodies in coffee value chain - Registration of coffee processing factoriesProvision

The Authority must keep a register of coffee processing factories and must register every coffee processing factory; it must issue a certificate of registration upon ascertaining the submitted particulars and on payment of prescribed registration fees.

Section Registration of coffee processing factories Section The Authority shall keep a register of coffee processing factories which shall contain for each, particulars of every coffee factory including— The Authority shall register every coffee processing factory. the name and address of the coffee processing factory; the name and address of each director or partner and the shares held by each shareholder; the processing capacity of the factory; the planned production capacity of the factory; the capacity, number and location of the warehouse; and the number and quality of skilled, semi-skilled and unskilled personnel employed or to be employed. The Authority shall, on ascertaining the particulars submitted under subsection (2) , issue a certificate of registration in the name of the coffee processing factory on payment of the registration fees as may be prescribed by the Authority. A certificate issued under this section is not transferrable and shall be renewed annually on payment of a fee prescribed by the Authority .

Section 40Verify source

Part VI

Licensing of coffee value chain actors

§ 41Licensing of coffee value chain actors - Power to issue licencesProvision

Section Power to issue licences Section The Authority shall on application issue the following licences upon such terms and conditions as the Authority may determine— A licence issued under subsection (1) shall be— pulpery operator’s licence; coffee buyer’s licence; coffee grading licence; coffee processor’s licence; coffee exporter’s licence; coffee roaster’s licence; coffee brewer’s licence and a coffee shop operator’s licence; coffee store or warehouse operator’s licence; coffee huller operator’s licence; and coffee extractor’s licence. in the form prescribed by regulations; valid for a specified period; for a specific location; and issued subject to payment of an application fee prescribed by the Authority . A person shall not operate a pulpery, buy coffee, grade coffee, roast coffee, brew coffee, operate a coffee shop or coffee store, a warehouse or coffee huller or process or export coffee on a commercial basis without a licence issued by the Authority . Where the Authority refuses to issue a licence to an applicant, the applicant shall, within thirty days of the refusal, be informed in writing stating the reasons for the refusal.

Section 41Verify source

§ 42Licensing of coffee value chain actors - Right of appealProvision

People aggrieved by an Authority decision may appeal to the Minister within thirty days; the Minister must respond within thirty days; aggrieved persons may apply for judicial review within thirty days; appeal procedure follows Minister's regulations.

Section Right of appeal Section Any person aggrieved by the decision of the Authority under section 41(4) may, within thirty days after being notified of the decision, appeal to the Minister. The Minister shall respond to the appeal within thirty days from the date of receipt of the appeal. A person aggrieved by the decision of the Minister may, within thirty days apply to a court of law for judicial review. The procedure of appeal shall be in accordance with regulations made by the Minister.

Section 42Verify source

§ 43Licensing of coffee value chain actors - Power to vary, suspend or cancel licencesProvision

Section Power to vary, suspend or cancel licences Section The Authority may if the terms and conditions of the licence have not been complied with, vary, suspend or cancel a licence issued under this Act.

Section 43Verify source

Part VII

Types and varieties of coffee and grading of coffee

§ 44Types and varieties of coffee and grading of coffee - Types and varieties of coffeeProvision

The Authority must determine and regulate which types and varieties of coffee are grown in different parts of Uganda, be guided by National Coffee Research Institute research on suitable conditions, and promote high-yielding, disease-resistant, drought-tolerant and cup-quality varieties.

Section Types and varieties of coffee Section In determining the type and variety of coffee to be grown in a particular part of Uganda, the Authority shall— The Authority shall determine and regulate the types and varieties of coffee to be grown in the different parts of Uganda. be guided by the results of coffee research conducted by the National Coffee Research Institute on the conditions suitable for growing each recommended variety of coffee; and promote the use of high yielding, disease resistant, drought tolerant and cup quality varieties of coffee.

Section 44Verify source

§ 45Types and varieties of coffee and grading of coffee - Promotion of recommended types and varieties of coffeeProvision

The Authority must promote recommended coffee types and varieties and inform and sensitise farmers about them.

Section Promotion of recommended types and varieties of coffee Section The promotion strategy developed by the Authority under subsection (2) shall include— The Authority shall inform and sensitise coffee farmers on the types and varieties of coffee recommended for cultivation in the different parts of Uganda. For the purposes of this section, the Authority shall, in cooperation with the Ministry and other stakeholders, develop a strategy for promoting the cultivation of the recommended coffee varieties in Uganda. the use of coffee extension services to train and build the capacity of coffee farmers to grow the recommended types and varieties of coffee; information on how to access the recommended types and varieties of coffee; good agricultural practices in respect of each type and variety of coffee; and the means of controlling pests and diseases associated with each type and variety of coffee.

Section 45Verify source

§ 46Types and varieties of coffee and grading of coffee - Profiling, grading and certification of coffeeProvision

The Authority must develop coffee standards (with UNBS), profile, grade and certify all coffee grown or marketed in Uganda, and use a universal standard for out-turn tests for locally traded pre-export coffee.

Section Profiling, grading and certification of coffee Section The Authority shall, in collaboration with the Uganda National Bureau of Standards, develop coffee Standards. The Authority shall profile, grade and certify all coffee grown or marketed in Uganda. For the purposes of this section, the Authority shall take into account international coffee profiling, grading and certification standards issued by the International Coffee Organisation, or by any other international coffee standards organisation. The Authority shall use a universal standard for out-turn tests for locally traded pre-export coffee.

Section 46Verify source

Part VIII

Value addition and domestic consumption of coffee

§ 47Value addition and domestic consumption of coffee - Promotion of value additionProvision

The Authority must promote and support value addition across the coffee value chain and specific activities such as primary processing, bulking and marketing, roasting and packaging, certification, branding, factory establishment and access to affordable financing.

Section Promotion of value addition Section For the purposes of this section, the Authority shall— The Authority shall promote and support value addition at all stages of the coffee value chain . promote and support primary processing of coffee at coffee farms; promote and support bulking and marketing of coffee at coffee farms or through farmers’ associations; facilitate increased export of value-added coffee products; promote and support roasting and packaging of coffee; build the capacity of coffee brewers and coffee roasters; promote and support coffee certification schemes; promote and support branding of coffee produced in Uganda; promote and support the establishment of instant, granulated, soluble and roasted coffee processing factories; and facilitate access to affordable financing to stakeholders along the coffee value chain .

Section 47Verify source

§ 48Value addition and domestic consumption of coffee - Domestic consumption of coffeeProvision

The Authority must promote and support domestic consumption of coffee and take specified actions to encourage coffee drinking.

Section Domestic consumption of coffee Section For the purposes of this section, the Authority shall— The Authority shall promote and support the domestic consumption of coffee. create awareness on the consumption of coffee; conduct communication on behavioural change for the public to encourage the drinking of coffee; and build the capacity of local coffee roasters, coffee baristas, coffee brewers and any other stakeholders.

Section 48Verify source

Part X

Miscellaneous

§ 51Miscellaneous - Cooperation with other agenciesProvision

The Authority must cooperate with other government ministries, departments, agencies and other organisations in implementing this Act.

Section Cooperation with other agencies Section The Authority shall cooperate with other Ministries, departments and agencies of Government, and other organisations in the implementation of this Act. The Ministry shall, in consultation with the Authority and the person responsible for provision of agricultural extension services, coordinate the provision of coffee specific extension services, improved and recommended coffee varieties and technical support to farmers. For the purpose of subsection (1) , all Ministries, departments and agencies of Government and other organisations shall accord to the Authority such assistance as may be necessary to ensure the proper discharge of the functions of the Authority.

Section 51Verify source

§ 52Miscellaneous - Protection from liabilityProvision

Members and staff of the Authority, and persons acting on its directions, are not personally liable for acts or omissions done in good faith while exercising functions under this Act.

Section Protection from liability Section A member of the Authority or member of staff of the Authority or a person acting on the directions of the Authority shall not be held personally liable for any act or omission done or omitted to be done in good faith in the exercise of functions under this Act. Notwithstanding the provisions of subsection (1), Part III of the Leadership Code Act shall apply to a member of staff of the Authority .

Section 52Verify source

§ 53Miscellaneous - Offences and penaltiesOffence

Offences relating to coffee production, processing, storage and export are listed; certain activities without required licences or that adulterate or mishandle coffee are offences; the Authority shall confiscate and destroy; offenders face fines up to three hundred sixty currency points or imprisonment up to fifteen years and confiscation orders may vest forfeited items in the Government.

Section Offences and penalties Section Any person who— A person who— The Authority shall confiscate and destroy— operates a coffee nursery or coffee seed garden without a certificate; sells or distributes substandard or diseased planting materials; harvests or is found in possession of immature cherries or strips a coffee tree; roasts or packages non-coffee material as coffee; stores poorly wet cherries or stores coffee in heaps leading to mold formation; sets up a store or warehouse that does not meet the requirements for storing coffee; being a processor, does not have a husk chamber or store; operates a huller without a licence or without an approved structure; or deals in coffee for domestic consumption without the relevant licence or in contravention of this Act, operates a coffee processing factory without a licence; handles or processes wet coffee with a moisture content above fourteen percent; dries coffee on the bare ground ; processes coffee without a valid licence; tampers, replaces or removes a security seal or is in possession of a security seal of the Authority without authorisation; replaces inspected coffee with uninspected coffee; boils, contaminates or rough hulls coffee; adulterates coffee or is in possession of adulterated coffee , including mixing coffee of different types or mixing coffee with non-coffee materials; or denies access to or blocks a staff or an inspector of the Authority or fails to render any reasonable assistance to a staff or an inspector, A person who grades and exports coffee without a valid licence commits an offence and is liable, on conviction, to a fine not exceeding three hundred sixty currency points or to imprisonment for a term not exceeding fifteen years, or both. Where a court convicts any person of an offence under this section, the court may, in addition to any penalty it may impose, order that the coffee or any article used in the commission of the offence be confiscated and forfeited to the Government. Any coffee or article forfeited under subsection (4) shall vest in the Government free of any mortgage, charge, lien or other encumbrance of any kind. coffee spread to dry on the bare ground ; molded coffee; and wet coffee beans with a moisture content exceeding fourteen percent being held or processed by any person.

Section 53Verify source

§ 54Miscellaneous - Memorandum of understanding to warehouse coffeeProvision

Companies intending to warehouse coffee for export must sign a memorandum of understanding with the Authority; companies with such an MOU that warehouse coffee not cleared for export or tamper with cleared coffee will have their licence cancelled and the coffee confiscated and forfeited to the State.

Section Memorandum of understanding to warehouse coffee Section A company that intends to warehouse coffee for export shall sign a memorandum of understanding with the Authority . Notwithstanding subsection (1) , a company with a memorandum of understanding to warehouse coffee for export which warehouses coffee not cleared for export by the Authority or tampers with coffee cleared by the Authority for export shall have its licence cancelled and the coffee shall be confiscated and forfeited to the State.

Section 54Verify source

§ 55Miscellaneous - Offences by body corporateOffence

If a body corporate commits an offence under section 53, every director and employee of that body corporate shall be taken to have committed that offence; if the body corporate is a firm, a partner of that firm shall also be taken to have committed that offence.

Section Offences by body corporate Section Where an offence under section 53 is committed by a body corporate— every director and employee of that body corporate shall also be taken to have committed that offence; and where the body corporate is a firm, a partner of that firm shall also be taken to have committed that offence,

Section 55Verify source

§ 56Miscellaneous - RegulationsProvision

The Minister may, on the Board's recommendation, make regulations; those regulations may prescribe a long list of procedural and substantive matters for the coffee value chain.

Section Regulations Section Notwithstanding the generality of subsection (1) regulations made under this section may prescribe— The Minister may, on the recommendation of the Board make regulations for better carrying into effect the provisions of this Act. the procedure for registration of members in the coffee value chain ; the type and varieties of coffee to be grown and in which areas they are to be grown; the procedure for sorting, profiling, grading and certifying coffee; the procedure for storing, handling, processing, brewing, selling, grading, packaging, marketing and exporting coffee; the procedure for keeping of records and the furnishing of returns in respect of coffee; the types and categories of coffee value chain organisations and the requirements for registration of the coffee value chain organisations at the various levels of the coffee value chain ; the procedure for entry by an authorised person on any premises used for growing or handling coffee for the purposes of inspecting the premises, equipment or coffee; the manner of application and the registration form, certificate, licence or other form required under this Act; the procedure for importation and exportation of coffee and coffee products; the procedure for inspection of coffee; the procedure for testing of coffee; the methods of conducting out-turn tests; the manner in which stamps under the International Coffee Organisation may be administered; the manner in which traders and middlemen along the coffee value chain may be regulated in relation to the buying, transportation, storage and quality of coffee; the procedure for enhancement of the capacity of researchers; the manner in which the quality and quantity incentive scheme or any other scheme shall be operated; the procedure and requirements for coffee extension services on good practices in planting materia! propagation, planting, soil and water management, pest and disease control, harvesting, drying or grading coffee; the procedure for the coffee auction system; the standards for the quality and grading of coffee; the quality control standards for the sale and marketing of coffee; fees to be charged for registration and issuance of licences; forms for issuance of licences; the procedure for monitoring of coffee seed gardens and coffee nursery operations; and the procedure for appeal, including the right of a farmer to appeal through any other person as may be recommended by the Minister.

Section 56Verify source

§ 57Miscellaneous - Power to amend Schedule 1Amendment

The Minister responsible for finance may, by statutory instrument and with the approval of Cabinet, amend Schedule 1 to this Act.

Section Power to amend Schedule 1 Section The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.

Section 57Verify source

Legislative relationships

9 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

6 instruments

Act This Act
Section 1
Authority in accordance with the Public Finance Management Act
Section 25
Authority or other person authorised in writing by the Authority to carry out inspection under this Act
Section 2
Board make regulations for better carrying into effect the provisions of this Act
Section 56
Board The meetings of the Board and related matters shall be conducted in accordance with Schedule 2 to this Act
Section 13
Companies Act
Section 17

G–M

2 instruments

Leadership Code
Section 52
Managing Director Section Subject to this Act
Section 16

N–S

1 instrument

Schedule 1 to this Act
Section 57

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