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Summary of Kenya’s Pesticide Regulation

The 1982 Pest Control Product (PCP) Act created:

  1. A Pest Control Products Board (PCPB) whose functions include:
    1. Assessing pest control products in line with the Act and regulations;
    2. Recommending the registration of pest control products and advising the Minister of Agriculture on the enforcement of the Act and regulations.
  1. A set of six regulations:
    1. Pest control products (licensing of premises) regulations
    2. Pest control products (registration) regulations
    3. Pest control products (labelling, advertising and packaging) regulations
    4. Pest control products (importation and exportation) regulations
    5. Pest control products (disposal) regulations
    6. Pest control products (licence fees and other charges) regulations

The proposed Pest Control Product (PCP) Bill2019 aims to create:

  1. An independent Pest Control Products Authority to regulate the sector
  2. A PCPA board of director to formulate policies and oversee regulation
  3. A tribunal to hear appeals on registration and pest control product regulation.
  4. A set of seven regulations:
    1. Pest control products (registration) regulations, 2019
    1. Pest control products (licensing of premises and business) regulations, 2019
    1. Pest control products (labelling, advertising and packaging) regulations, 2019
    1. Pest control products (importation and exportation) regulations, 2019
    1. Pest control products (licence fees and other charges) regulations, 2019
    1. Pest control products (disposal) regulations, 2019
    1. Confidential business information regulations, 2019

These add extra requirements for proof of compliance with laws elsewhere, and in local efficacy data. They also raise the bar on the scientific qualifications needed to run a pest control product business or storeand make stock records mandatory.

In addition, the new regulations move Kenya to the global system of hazard labelling on chemicals, the Globally Harmonized System of Classification and Labelling of Chemicalsand adds clauses suspending import permits where a pest control product is shown to be harming human health.The new confidential business information (CBI) regulationrequires that the regulator respects the confidentiality of business-sensitive information, and pesticide container disposal is enhanced by introducing Empty Pesticide Collection Centres.