REGULATION OF PEST CONTROL PRODUCTS IN KENYA by Jane Njiru (Dr) PCPB

1. REGULATION OF PEST CONTROL PRODUCTS IN KENYA by Jane Njiru (Dr) PCPB Pest Control Products BoardNairobi, Kenya

2. INTRODUCTION • PCPB is a statutory organization of Kenya Government established by an Act of Parliament- Pest Control Products Act Cap 346, 1982. • This is an Act of Parliament to regulate the importation, exportation, manufacture, distribution and use of products used for the control of pests and of the organic function of plants and animals and for connected purposes.

3. MISSION To provide an efficient and effective regulatory service for the importation, exportation, manufacture distribution, transportation, sale, disposal and safe use of pest control products and mitigate potential harmful effects to the environment.

4. Mandate • Assessing the safety, efficacy, quality, merit and economic value of pest control products. • Assessing suitability of premises used for manufacture/formulation, re-packing, storage and distribution of pest control products for purposes of licensing • Processing and issuing import/export permits • Advising the Minister on all matters relating to the Provisions of the PCP Act and Regulations

5. Mandate- cont’d • Creating awareness to the general public on all aspects of safety, storage, handling, disposal and use of PCPs • Monitoring and ensuring adherence of quality standards of pest control products throughout the supply chain • Investigating and prosecuting contravention of the Pest Control Products Act. • Supervising the disposal of obsolete or undesired pest control products.

6. Board of Directors MD/ Secretary Finance and Administration Inspection, Training and Licensing Registration and Analysis Inspectors Analysts, Registration Officers Accountants, Information Technology, Human Resource & Support Staff Organizational structure

7. The Board of Directors • Chairperson-appointed by the president • Experts in pest control-crop and animal production (public officers) • Rep. from ministries-Trade, Environment, Health, Water, The Govt. Chemist, Director KEBS, Director CRF, Director of Agriculture • Farmer representatives-Livestock & Crop production • Secretary/CE • Co-opted-upto 5

8. Directors cont. • Farmer representatives (2) for livestock & crop production • Director of Agriculture • Secretary to the Board/CE • Co-opted- upto 5 persons whose assistance or service the Board may require ( no voting powers)

9. Functions of PCPB 1) Regulatory • Registration and approval of PCP for usage • Analysis for quality • Sale & distribution through licensing of premises, imports/exports, operators

10. Functions cont. 2) Technical • Evaluate products for efficacy testing • Assess efficacy data before recommendations • Post registration surveillance

11. Functions cont. 3) Training & information Dissemination • Train extension staff, students, formulators, retailers, etc on pesticide mngt. • Advice govt./relevant authorities on pesticides. • Contact point for pesticides - Codex, Rotterdam Convention, Stockholm Convention etc.

12. Range of products regulated

13. Range of products regulated May include; • Conventional chemical pesticides • Biopesticides; Botanicals, biochemicals, microorganisms, natural enemies • Any compound or substance that enhances or modifies the physical or chemical characteristics of a pest control product to which it is added e.g adjuvants and wetting agents • Technical grade active ingredients Pest control products Act, +Ten subsidiary legislations

14. Legislation • Section 4: “No person shall import into, or sell in Kenya any pest control product unless that pest control product has been Registered, packaged and labeled in accordance with regulations made under this act…” • Definition; “A pest control product is a product, device, organism, substance, or thing that is manufactured , represented , sold, or used as a means for directly or indirectly controlling, preventing, destroying, attracting, or repelling any pest….”

15. Registration procedure • Every person desiring to register a pest control product is required to submit an application for registration, a copy of full dossier of technical information and a label • Appointment of local agents • Board considers efficacy, quality and economic value and also ensures safety to the public, animals and the environment.

16. Registration procedure cont’d • If the Board is satisfied with the information provided, the product is granted experimental permit for local biological efficacy trial. • This is carried out in institutions that have been accredited by the board for various trials • Public/Private based on capacity/speciality eg. Delmonte for pineapples, Kenya Agricultural Research Institute (KARI) • Sample delivered to PCPB

17. Registration procedure cont’d • On completion of the biological efficacy trial, a confidential report is sent to PCPB • Submission of a commercial label reflecting the application rates, timing of application as recommended by the local researcher, mitigation measures to non targets, among other things • Registration committee (MOPH, KARI,CRF, KEBs etc) makes recommendations to the Board • If the Board is satisfied, it may grant full registration for 3 years and a certificate of registration issued. This is renewable after every 2 years.

18. Suspension or deregistration • PCPB is empowered to suspend or revoke a certificate of registration if: • it realized later that the content of the application was false, • new information indicates that the product is unsafe, • the premises in which the product is manufactured, formulated or stored are unsuitable for the purpose.

19. Risk assessment • All pest control products have to undergo registration process • It involves risk assessment in- a) Health, b) Environmental • Behaviour in the environment (soil, water, air) eg degradation, mobility of active ingredient, adsorption • Persistence of the metabolites in plants • Effects on representative non targets organisms

20. Risk assessment cont’d Studies required for the various non targets using representative species • Birds • Fish • Daphnia • Algae • Bees • Earthworms • Soil micro-organisms

21. Health Risk Assessment Acute Toxicity studies • Oral and dermal in laboratory animals eg • Acute oral rat • Acute dermal rat/rabbit • Inhalation • Irritation- skin, eye • Sensitization

22. Health Risk Assessment Repeat dose studies • Reproduction- multigenerational studies • Teratogenicity • Neurotoxicity • Mutagenicity • Subchronic • Long term/ carcinogenicity

23. Health Risk Assessment Other studies • Metabolism-pathways, accumulation, metabolites & their toxicity • Occupational/medical surveillance- hazards to humans, symptoms of poisoning, first aid, antidotes, Treatment, precautions/restrictions, containment of spilage & decontamination, disposal, protection of workers & by-standers • Residue studies for establishment of MRL and PHI based on GAP

24. BIOPESTICIDES • Microbial pesticides (bacteria, viruses, fungi, etc • Biochemical pesticides • Semiochemicals eg insect sex pheromones, • Enzymes (proteins) • Natural plant regulators and insect growth regulators • Botanical pesticides etc 3) Natural enemies (Macrobials) • Parasitoids • Predators • Pathogens of pests

25. Special considerations; Microbial biopesticides: • Kenya Technical Standing Committee on Imports & Exports (KSTCIE):-Import/export of live organisms • National Biosafety Authority:- GMOs/LMOs

26. Importation/Exportation of Pesticides • Unregistered products prohibited from importation • Registered products require an import license from PCPB • Importation should be from authorized sources only. • Imports for research purposes also require authority from PCPB. • Officers at the main port of entry ensure that only authorized products are allowed into the country.

27. Importation of Pesticides in Kenya 2012 2011

28. Handling and distribution Premises license • The Board licenses premises dealing with pesticides- manufacturers, formulators, stockists • Inspections of premises where pest control products are manufactured, formulated, repacked or large-scale users ensures the following: • Only registered products are manufactured, formulated or repacked in those premises. • Only correctly imported products are found therein. • Products are correctly labeled using approved labels. • Packages used are those that are approved • Over 4000 stockists dealing with pesticides

29. Handling and distribution regulation • Products are properly stored and good store management is in place to avoid issues of obsolete products. • Products are within their shelf life. • Workers in these premises are adequately protected. • Any waste generated is properly handled and disposed off.

30. Handling and distribution regulation • Fire fighting equipment are in place in case of fire outbreaks. • First-aid facilities are in place to take care of incidences of poisoning. • Pesticides are physically separated from other items to prevent risk of contamination.

31. General Legal Provisions on labels • Legal Notice No. 89/1984;127/2006 • Regulation 3(1): No pest control product shall be distributed or sold without a label. • Regulation 3(2): No label shall be used on a pest control product unless it has been approved by the Board • Language- English and Kiswahili • Types • Experimental /provisional • commercial Display panels: • Principal Display Panel • Secondary Display Panel

32. General guide: Pictograms • Pictograms shall be inserted according to the FAO/GHS Labeling Guidelines • The symbols should convey safety information to users • The Minimum size of each pictogram should be 7mm x 7 mm • The ‘storage and wash after use’ pictograms must appear on every label. • The face shield must be displayed instead of eye goggles • Overall sleeves should be worn over gumboots and not stuck inside gum boots • A pictogram of running tap water should be displayed

33. MEAs • The Rotterdam convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in international trade, adopted in 1998 and came into force in February 2004 • The Montreal Protocol on the Substances that delete the Ozone layer, adopted in 1987 and entered into force in 1989 • The Basel Convention on Control of Tran boundary movement of Hazardous wastes and their disposal, adopted in 1989 and entered into force in 1992 • The Stockholm convention on Persistent Organic Pollutant adopted in 2001

34. Challenges • How to deal with old molecules that are being withdrawn in the EU, and other countries • Residues in edible crops and animal products • Reducing counterfeit products

35. Our contacts PEST CONTROL PRODUCTS BOARD Waiyaki Way (KARI-NAL) P.O. Box 13794 Nairobi, Westlands- 00800, Kenya Email: pcpboard@todays.co.ke Website: www.pcpb.or.ke Tel: +254-20-8021846/7/8 Mobile:+254-720 480 904/-735 778 743 Fax: +254-20-8021865 Regional offices- Coast, Western, Eastern Kenya

36. THANK YOU