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Workshop On Drafting PCP Bill Regulations 2016

Agrochemicals Association of Kenya (AAK) in collaboration with Pest Control Products Board (PCPB), Croplife Africa Middle East, Kenya Law Reform and the Ministry of Agriculture on 18th-22nd July 2016 held a workshop to draft the Pest Control Products (PCP) Regulations under the Draft PCP Bill 2016 that is repealing the Pest Control Products Act (CAP 346 of the Laws Kenya). The regulations drafted in the workshop included:
  1. PCP (Premises) Regulations 2016.
  2. PCP (Labelling, Advertising and Packaging) Regulations 2016.
  3. PCP (Fees and other charges Regulations 2016.
  4. Review of PCP (Disposal) Regulations 2016.
This was the second Workshop after a similar one held from 23rd-25th February 2016 at Merica Hotel in Nakuru where the following Regulations were drafted:
  1. PCP (Registration) Regulations 2016
  2. PCP (Exportation and Importation) Regulations 2016
  3. PCP (Disposal) Regulations 2016

The MD PCPB, Mr. Peter Opiyo noted that the PCPB Bill 2016 was almost complete and that he was looking ahead to reviewing the PCBP regulations even before the Bill was enacted. He appreciated the critical role played by Agrochemical Association of Kenya through financial support. He also noted that pest control products regulation in Kenya had stood the test of time and gave an illustration of guidelines on Biopesticides in which Kenya was the first country in the region to develop them over 12 years ago.

The CEO AAK advised workshop members to identity gaps in the already existing regulations and reiterated that AAK was committed to participation of reviewing laws that protect both parties (AAK & PCPB).

During the drafting workshop various issues were identified which needed to be addressed by the Pest Control Products Bill 2016. Some of the issues included:

  1. Accreditation of Agrovet outlets – The Agrochemicals Association of Kenya (AAK) suggested that to help the country address the vice of counterfeiting pest control products, all agrovet outlets should be accredited.
  2. The Agrochemicals Association of Kenya Self-Regulation. – AAK suggested that a regulation should be introduced to allow for all registrants of pest control products to subscribe to a code of conduct fronted by a recognized organization in Kenya.
  3. Empowering PCPB to impose minor penalties (define and include in the bill) – PCPB
  4. Other issues of concern to be addressed at a later date included:
  • Confidential Business Information (CBI) and a provision for its protection.
  • cancellation of licenses
  • Drafting of the PCP (Transportation) Regulations 2016
  • Renewal of all premises licenses
Pending regulations and other matters
Despite the hardwork put in by the team various issues are still pending in the drafting of regulations. This include:
  • Transportation regulations
  • CBI regulations
  • Offences and penalties (empowerment of PCPB through the Bill)
  • Regulations on how to deal with minor offences.
  • Authorization of Registrar to consider locally produced pest control products with minimal data.
  • Design an authorization certificate for research (PCPB).
  • Definition of generic terms, e.g. GMO, etc.
  • Differentiation between products under ‘RESTRICTED CLASS’ and ‘Severely RESTRICTED PRODUCTS’ under the Rotterdam Convention.

A draft of the regulations developed can be found in AAK website www.agrochem.co.ke.

Evelyn Lusenaka,
Agrochemicals Association of Kenya (AAK).