Laws Of Kenya

LAWS OF KENYA

THE PEST CONTROL PRODUCTS ACT CHAPTER 346

Revised Edition 1985 Printed and Published by the Government Printer Nairobi.

2

CAP 346

Pest Control Products

CHAPTER 346 PEST CONTROL PRODUCTS ACT ARRANGEMENT OF SECTIONS

Section 12345678910111213141516-

Short title. Interpretation. Control of manufacture, etc., of pest control products. Import, export, etc., of pest control products. Establishment and constitution of the Board. Functions of the Board. Procedure of the Board. Appointment of inspectors and analysts. Powers of inspectors. Seizure and disposal of pest control products. Secrecy of information. Offences and penalties. Trial of offences. Certificate of analyst. Regulations. Cessation of application of community law and saving.

[Rev. 1985

3

CAP 346

Pest Control Products

[Rev. 1985

CHAPTER 346 PEST CONTROL PRODUCTS ACT Commencement: 19th May, 1983

4 of 1982 L.N.89/1983

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. 1. 2.

This Act may be cited as the Pest Control Products Act. In this Act, unless the context otherwise requires – “advertise” includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any pest control product; “Board” means the Pest Control Products Board established under section 5; “inspector” means a person appointed as an inspector under section 8: “label” includes a legend, word, mark, symbol, pictogram or design applied or attached to, included in, belonging to or accompanying any pest control product; “package” includes any container, wrapping, covering or holder in which any pest control product or material is wholly or partly contained, placed or packed; “pest” means any injurious, noxious or troublesome insect, fungus, bacterial organism, virus, weed, rodent or other plant or animal pest; and includes any injurious, noxious or troublesome organic function of a plant or animal; “pest control product” means 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 and includes – (a)

any compound or substance that enhances or modifies or is intended to enhance or modify the physical or chemical characteristics of a pest control product to which it is added; and (b) any active ingredient used for the manufacture of a pest control product; “place” includes any vehicle, vessel, railway carriage or aircraft; “sell” includes offer, advertise, keep, expose, transmit, convey, deliver and prepare for sale or exchange, and dispose of for any consideration whatsoever.

Short title Interpretation

Control of manufacture, etc, of pest control products.

3. (1) No person shall manufacture, package, store, display, distribute, use or advertise any pest control product except in accordance with conditions prescribed by regulations made under this Act. (2) No person shall package, label or advertise any pest control product in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quality, composition, merit or safety.

Import, export, etc., of pest control products.

4. (1) No person shall import into, or sell in, Kenya any pest control product unless that product has been registered, packaged and labeled in accordance with regulations made under this Act and conforms to the standards specified in those regulations. (2) No person shall export or re-export out of Kenya any pest control product unless he has complied with the requirements specified in regulations made under this Act.

Establishment and constitution of the Board.

5. (1) There is hereby established a board to be known as the Pest Control Products Board. (2) The Board shall consist of the following members(a) a chairman appointed by the President; (b) two public officers appointed by the Minister, being persons with knowledge and experience of pest control; (c) two public officers appointed by the Minister for the time being responsible for livestock development, being persons with knowledge and experience of pest control; (d) one public officer appointed by the Minister for time being responsible for matters relating to commerce; (e) one public officer appointed by the Minister for the time being responsible for matters relating to environment; (f) one public officer appointed by the Minister for the time being responsible for matters relating to health; (g) one public officer appointed by the Minister for the time being responsible for matters relating to water development; (h) the Government Chemist;

5

CAP 346

Pest Control Products

[Rev. 1985

(i) the Director of the Kenya Bureau of Standards; (j) the Director of the Coffee Research foundation; (k) one person appointed by the Minister, being a person engaged in farming, to represent the interest of farmers; (l) one person appointed by the minister for the time being responsible for livestock development, being a person engaged in farming, to represent the interests of farmers; (m) the Director of agriculture. (3) The Board may co-opt to serve it for such period as it may think fit not more than five persons whose assistance or advice it may require, but a person so co-opted shall not be entitled to vote at a meeting of the Board or be counted as a member for the purpose of forming a quorum. (4) The members of the Board, other than exofficio members, shall hold office for a period of three years but shall be eligible for reappointment. (5) The Minister shall appoint a public officer who is not a member of the Board who shall exercise and perform such functions as the board may from time to time determine. Functions of the Board.

6. The functions of the Board shall be – (a) to assess and evaluate pest control products in accordance with the provisions of the regulations made under this Act; (b) to consider applications for registration of pest control products and to make recommendations thereon to the Minister; (c) to advise the Minister on all matters relating to the enforcement of the provisions of this Act and regulations made thereunder.

Procedure of the Board

7. (1) The Board shall meet at least four times in each year. (2) The chairman shall preside at all meetings of the Board, and in his absence the Board shall elect one of its members to act as chairman at the particular meeting.

6

CAP 346

Pest Control Products

[Rev. 1985

(3) The person presiding at any meeting of the Board shall have a casting vote in addition to his deliberative vote. (4) A quorum of the Board shall be ten. (5) a member of the Board other than an ex-officio member shall cease to be a member of the Board and the office of the member shall become vacant(a) if he resigns his office by writing under his hand addressed to the chairman; (b) if he is certified to be insane or otherwise adjudged to be of unsound mind under any written law; (c) if, in the opinion of the Board, he becomes physically or otherwise incapable of discharging his duties as a member, and remains so for a period of ninety consecutive days; (d) if he is absent, without the permission of the Board from three consecutive meetings of the Board; (e) if he is adjudged or otherwise declared bankrupt under any written law; (f) if he is sentenced to imprisonment for a term of six months or more.

Appointment of inspectors and analysts.

8. (1) The Minister shall, by notice in the Gazette, appoint suitably qualified persons as inspectors and analysts for the purposes of this Act. (2) No person appointed under subsection (1) shall, while being so appointed, engage in any business connected with the manufacture, sale or distribution of pest control products. 9. (1) An inspector may, at all reasonable times –

Powers of inspectors.

(a) enter any place or premises (i) for the purposes of carrying into effect any of the provisions of this Act; (ii) in which he reasonably believes a pest control product to which this Act applies is or has been manufactured, stored, sold or used; (iii) in which he reasonably believes there is material that is contaminated by a pest control product; or (iv) which is or are used or capable of being us in the manufacture of a pest control product;

7

CAP 346

Pest Control Products

[Rev. 1985

(b) examine any pest control product or material found in any place or premises or open any package found therein that he has reason to believe contains any pest control product or material and take samples thereof; (c) required any person to product for inspection or for the purpose of obtaining copies thereof or extracts therefrom, any books, shipping bills, bills of lading, documents containing instructions, or other documents or papers concerning any matter relevant to the administration of this Act or any regulations made thereunder. (2) .An inspector shall be furnished with a certificate of his appointment as an inspector and on entering any place or premise referred to in subsection (1) shall, if so required, produce the certificate to the person in charge thereof. (3) The owner or the person in charge of any place or premises referred to in subsection (1) and every person found therein shall give an inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and any regulations made thereunder and shall furnish him with such information with respect to the enforcement of the provisions of his Act and regulations made thereunder as he may reasonably require. (4) any person who refuses entry to an inspector acting under this section or obstructs him in making an entry or making an inspection or who, without reasonable excuse, fails to produce any pest control product or material for examination or any document the production of which is required of him under this section shall be guilty of an offence. Seizure and disposal of pest control products.

10. (1) Whenever an inspector believes, on reasonable grounds, that this Act or any regulations made thereunder has or have been contravened, he may seize and detain the pest control product by means of or in relation to which he reasonably believes the contravention was committed. (2) Any pest control product seized and detained pursuant to subsection (1) shall not be detained after(a) such time not exceeding fourteen days as, in the opinion of the inspector, the provisions of this Act and the regulations made thereunder have been complied with; or

8

CAP 346

Pest Control Products

[Rev. 1985

(b) the expiration of six months from the date of seizure, or such longer period as may be prescribed with respect to any pest control product, unless before that time proceedings have been instituted in respect of the contravention, in which case the pest control product may be detained until the proceedings are finally concluded. (3) a court convicting any person for an offence under this Act or any regulations made thereunder may make such order as the court shall deem proper as to(a) the forfeiture or disposal of any pest control product; and (b) the payment by the defendant of all or any fees and other expenses incidental to the analysis of a pest control product, in respect of which the conviction is obtained. (4) Where an inspector has seized a pest control product and the owner thereof or the person in whose possession the pest control product was at the time of the seizure consents in writing to the disposal thereof, the pest control product shall thereupon be forfeited to the Government and shall be disposed of in such manner as the Minister may direct and at the expense of the person consenting to the disposal. (5) Any person who hinders or obstructs an inspector acting exercise of his powers under this section shall be guilty of an offence. Secrecy of information

Offences and penalties

11. Any person who is or has been engaged in the endorsement of the provisions of this Act who discloses, except for the purpose of the exercise of his functions or when required to do so by a court or under any written law, any exercise of his functions under this Act to any other person shall be guilty of an offence. 12. (1) Any person who contravenes the provisions of section 3 or 4 shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years. (2) A person guilty of an offence under this Act other than an offence referred to in subsection (1) shall be liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding six months or to both.

9

Trial of offences.

Certificate of analysti

CAP 346

Pest Control Products

[Rev. 1985

(3) In any prosecution for an offence under this Act, it shall be sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without his knowledge or consent and that he exercised all due diligence to prevent its commission. 13. An offence under this Act may be tried by the court within whose jurisdiction the accused is resident or is carrying on business notwithstanding the fact that the matters giving rise to the offence did not take place within the jurisdiction of that court. 14. (1) Subject to this section, a certificate of an analyst stating that he has analysed or examined an article or a sample submitted to him by an inspector and stating the result of his examination shall be admissible in evidence in a prosecution for the contravention of this Act or any regulations made thereunder and shall be prima facie evidence of the statements contained therein. (2) The party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

Regulations.

(3) No certificate shall be received in evidence under subsection (1) unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate. 15. The Minister may, after consultation with the Board, make regulations(a) prescribing for the purposes of this Act the nomenclature of pests, pest control products and classes and kinds of pests and pest control products; (b) prescribing the form in which applications for registration shall be made and the information to be furnished therewith; (c) respecting the registration of pest control products and establishments in which any pest control products are handled by manufacturers or dealers and prescribing the fees therefore, and respecting the procedures to be followed for the review of cases involving the refusal, suspension or cancellation of the registration of any such product or establishment; (d) prescribing the form, composition, and all other standards relating to the safe use of pest control products, including toxic residue effects;

10

Cap.358

Cessation of the application of community law and saving. Cap.4. E.A. Cap.3.

CAP 346

Pest Control Products

[Rev. 1985

(e) respecting the manufacture or treatment of any pest control product to facilitate its recognition by change in colouration or other means; (f) respecting the standards for efficacy and safety of any pest control product; (g) respecting the manufacture, storage, distribution, display and use of any pest control product; (h) respecting the packaging, labeling and advertising of pest control products; (i) respecting the taking of samples and the making analyses fro the purposes and provisions of this Act; (j) prescribing the information to be supplied and the form of such information in respect of any pest control product that is to be imported into Kenya; (k) prescribing the circumstances and conditions under which pest control products that have met the requirements of the Cattle Cleansing Act may be deemed to be registered as prescribed un the Act; (l) generally for the better carrying out of the purposes and provisions of this Act. 16. (1) Notwithstanding the Treaty for East African Co-operation Act. as from the date of commencement of this Act the Control of Pesticides Act of the Community shall cease to have the force of law in Kenya. (2) Notwithstanding subsection (1), any proceedings under the Control of Pesticides Act of the Community which had been commenced before the commencement of this Act may be continued and concluded in accordance with that Act as though it still had the force of law in Kenya.. SUBSIDIARY LEGISTATION Regulations under section 15

L.N.145/1984

Citation.

Premises not to be used unless lincensed.

THE PEST CONTROL PRODUCTS (LICENSING OF PREMISES) REGULATIONS 1. These regulations may be cited as the Pest Control Products (Licensing of Premises) Regulations. 2. (1) No person shall use any premises, or being the owner or occupier thereof permit or allow the premises to be used, for the purposes of manufacturing, formulating, packaging, selling or storing

11

CAP 346

Pest Control Products

[Rev. 1985

pest control products unless that person is in possession of a licence issued under these Regulations in respect of those premises. (2) No licence shall be issued under these Regulations unless the Board is satisfied that the provisions of these Regulations have been complied with. Application for licensing of premises.

3. (1) An application for a licence under these Regulations shall be in form A in the Schedule. (2) An applicant for a licence shall, or request by the Board, supply any information that may be required for the purposes of these Regulations.

Issue and expiry of licence.

Layout and construction of manufacturing and formulating premises.

Protection of workers and operators and quality of products

4. (1) Every licence issued under these Regulations shall be in Form 8 in he Schedule, and shall expire on the 31st December next following the date of issue. (2) No person to whom a licence has been issued under these Regulations shall lend, hire, sell transfer or otherwise dispose of that licence without the approval of the Board, which approval shall be endorsed on the licence. (3) No licence shall be transferred from the premises in respect of which it was issued. 5. All premises used for the manufacturing and formulating of pest control products shall (a) be of a suitable design, layout and construction to ensure the health of workers and to avoid contamination of the environment; (b) have sufficient space for the placement of equipment and storage of materials which is necessary for the health of workers and operators; (c) have separate areas, either by partition, location or other effective means, for those operations which do not require workers to be exposed to pest control products. 6. Every person who owns, operates or is in charge of premises used for the manufacturing, formulating and packaging of pest control products shall ensure that (a) during the operations(i) the persons working in the premises wear adequate protective clothing; (ii) the premises are well supplied with first-aid facilities to the satisfaction of the Board to cater for accidental poisoning;

12

CAP 346

Pest Control Products

(iii)

[Rev. 1985

the general health o the persons working on the premises is adequately catered for; and

(b) the quality of the products are within the prescribed limits. Essential requirements for operations etc.

7. Every person who owns, operates or is in charge of(a) premises in which the manufacturing, formulating and packaging of a pest control product is undertaken shall have adequate knowledge of the chemistry, toxicology, efficacy and general use on the product being dealt with to the satisfaction of the Board; (b) pest control product stores and other dispensing premises shall have adequate knowledge of the chemistry, toxicology, efficacy and general use of the products within the premises. SCHEDULE

(reg.4)

Form A THE PEST CONTROL PRODUCTS LICENSING OF PREMISES) REGULATIONS APPLICATION FOR A LICENCE The Secretary, Pest Control Products Board, P.O. Box 14733, NAIROBI. 1. Name of applicant/s ………………………………………………… 2. Name and address of person, firm or company to be issued with licence ……………………………………………………………… ..……………………………………………………………… 3. Full names of partners and/or directors (where applicable) . ………………………………………………………. …………………………………………………………………. 4. Nature of occupation for which a licence is required. ………………………………………………………………. ………………………………………………………………….

13

CAP 346

Pest Control Products

[Rev. 1985

5. Owner of premises …………………………………………………. 6. Plot No. ………………………… L.R. No. ……………………….. 7. Location ………………………… Road/Street …………………… 8. Town ……………………………. District ……………………….. 9. General business postal address ……………………………………. …………………………………………………………………… 10. Name and qualifications of the person under whom processing /trading will be undertaken ……………………………………….……………………….. ………………………………………………………………… ……………………….. Date

…………………….. Signature of applicant

FORM B THE PEST CONTROL PRODUCTS (LICENSING OF PREMISES) REGULATIONS LICENCE This licence is granted to ……………………………………………… to sell / store / package / manufacture / formulate / display pest control products at plot No. ……………………………………………………. L/R. No. ………………………………………………………………... Situate ………………………………………………………………….. …………………………………………………………………… Date …………………………. ………………………………… Chairman Pest Control Products Board ……………………………… Secretary Pest Control Products Board

14

CAP 346

Pest Control Products

[Rev. 1985

This licence is not transferable to any other person without the approval of the Board.

L.N.46/1984 L.N.109/1984

Intepretation.

THE PET CONTROL PRODUCTS (REGISTRATION) REGULATIONS 1. These Regulations may be cited as the Pest Control Products (registration) Regulations. 2. In these Regulations, unless the context otherwise requires“active ingredient” means an ingredient of a pest control product to which the effects of the pest control product are attributed and includes a synergist; but does not include a component that by itself is not primarily responsible for the control effect of the pest control product; “certificate of registration” means a certificate issued by the Board under regulation 7: “device” means any article, instrument, apparatus, contrivance or gadget that by itself or in conjunction with a pest control product is used as a means to control pests directly or indirectly; ‘residue” means the ingredient of a pest control product that remains after the pest control product has been used and includes substances resulting from degradation or metabolism. 3. A pest control product shall be exempt from registration if-

Exemption from Regulation.

Application for Registration of Pest control Products.

(a) it is for use by a person for research purposes if that use has been approved by the Board. (b) it is a type or kind set out in the Firs Schedule and meets the conditions relevant to that substance as set out in that Schedule. 4. (1) Every person desiring to register a pest control product shall make application to the board in Form A set out in the Second Schedule and shall, on request, supply ay further information which may be required by the board. (2) An applicant who is not resident in Kenya shall appoint an agent permanently resident in Kenya to whom any notice or correspondence may be sent. (3) An application for the registration of a pest control product shall be accompanied by five copies of the proposed label for the pest control product or reasonable facsimiles thereof.

15

CAP 346

Pest Control Products

[Rev. 1985

Applicant to Provide samples.

5. An applicant shall, when requested to do so by the Board, provide(a) a sample of the pest control products; (b) a sample of the technical grade of its active ingredient; (c) a sample of the laboratory standard of its active ingredient; and (d) any other sample as may be required by the Board.

Registration fees.

Issue of certificate of registration.

6. The fees payable by an applicant for the registration of a pest control product shall be two thousand five hundred shillings where a pest control product is a device or it contains an active ingredient that has been previously assessed or evaluated for the purpose of the Act and there Regulations. 7. (1) The Board shall consider the application under regulation 4, and, if it is satisfied of the safety, efficacy, quality and economic value of the pest control product , shall register the pest control product , and issue a certificate of registration which shall be in Form B set out in the Second Schedule. (2) If the board is not satisfied as to the safety, efficacy, quality and economic value of the pest control product it may, after providing an opportunity for the applicant to b heard, reject the application for the registration of the pest control product and inform the applicant the reasons for the rejection in writing. (3 No person to whom a certificate of registration has been issued under this regulation shall lend, hire, sell transfer or otherwise dispose of the certificate to any other person without the approval of the Board, which approval shall be endorsed on the certificate of registration.

Duration and renewal of certificate of registration.

8. (1) A certificate of registration issued under these Regulations shall, unless earlier suspended or revoked, be valid for a period of three years from the date of issue and may thereafter be renewed for periods not exceeding two years at any one time. (2) The fee for the renewal of a certificate of registration shall be two thousand shillings, and an application for renewal shall be accompanied by five copies of the current label for the pest control product.

Temporary Registration.

9. (1) The Board may upon such terms and conditions as it may specify, on payment of a fee of one thousand shillings, register a pest control product for a period not exceeding one year where-

16

CAP 346

Pest Control Products

[Rev. 1985

(a) the applicant agrees to produce additional scientific or technical information in relation to the use for which the pest control product is to be sold; or (b) the pest control product is to be sold only for the emergency control of infestations that are seriously detrimental to public health, domestic animals, crops or natural resources. (2) Any terms and conditions specified by the Board under paragraph (1) shall be contained in the temporary certificate of registration. 10. The Board may refuse to register a pest control product if in its opinionRefusal to register pest control products.

(a) the applicant for registration or the label for the pest control product does not comply with the provisions of the Act and these Regulations; (b) the information provided to the Board by the applicant is insufficient to enable the pest control product to be assessed or evaluated; (c) the applicant fails to establish that the pest control product has merit or value for the purpose claimed when its label directions; or (d) the use of the pest control product would lead to an unacceptable risk or harm to(i) (ii)

Suspension and revocation of certificate of registration.

things on or in relation to which the pest control product is intended to be used; or public health, plants, animals or the environment.

11. (1) The Board may suspend or revoke a certificate of registration issued under these Regulations for such time as the Board may determine. (2) The powers conferred by paragraph (1) shall not be exercised by the Board except on one or more of the following grounds(a) that the matters stated in the application on which the certificate of registration was granted were false or incomplete in a material particular;

17

CAP 346

Pest Control Products

[Rev. 1985

(b) that new information has become available to the Board which renders the pest control product unsafe or dangerous;

Notice to holder of certificate of registration, etc.

Appeals.

Records.

(c) that the premises on which, or on part of which, the pest control product is manufactured, assembled or stored by or on behalf of the holder of the certificate of registration are unsuitable for the manufacturing, assembly or storage of pest control products. 12. Where the Board(a) refuses to register a pest control product; or (b) suspends or revokes the certificate of registration, it shall be send to the applicant or the holder of a certificate of registration, as the case may be, a notice by registered post notifying him of the refusal, suspension or revocation. 13. (1) An applicant or holder of a certificate of registration who has received a notice under regulation 12 may within thirty days from the date which the notice is received by him appeal to the Minister, who may amend or vary the decision as he thinks fit and whose decision shall be final. 14. A holder of a certificate of registration issued under these Regulations shall keep a record of all the quantities of pest control products stored, manufactured or sold by him and the record shall(a) be maintained for five years from the time it is made; and (b) be made available to the Board at such times and in such manners as the Board may require. FIRST SCHEDULE

(reg. 3)

ITEMS EXEMPTED FROM REGISTRATION 1. Garment bags, cabinets or chest that are manufactured, represented or sold as a means to protect clothing or fabrics from pets. 2. Electronic apparatus that is manufactured, represented or sold as a means to attract or destroy flying insects. 3. Devices of products that are manufactured, represented or sold to repel birds and other pests by causing physical discomfort by means of sound or touch. 4. Devices of attachment to garden watering hoses that are manufactured, represented or sold as a means to dispense or apply a pest control product.

18

CAP 346

Pest Control Products

[Rev. 1985

5. Devices that are manufactured, represented or sold as a means of providing the automatic or unattended application of a pest control product. 6. Devices that are sold for use with chemical products containing cyanide as a means to control animal pests.

SECOND SCHEDULE

(reg.4 and 9)

FORM A THE PEST CONTROL PRODUCTS ACT APPLICATION FOR THE REGISTRATION OF A PEST CONTROL PRODUCT

(to be submitted in sextuplicate) The Secretary, Pest Control Products Board, P.O. Box 14733, NAIROBI. PART I Name of applicant ………………………………………………………….. ……………………………………………………………………………… 2. Business address ……………………………………………………………. 3. Status of applicant (manufacturer, agent, etc.) ……………………………... ………………………………………………………………………………. 4. Name and address of manufacturer (where applicable) ……………………. ………………………………………………………………………………. 5. Name and address of formulator …………………………………………... …………………………………………………………………………… PART II 1. Approved common name(s) …………………………………………… ………………………………………………………………………….. 2. Chemical name(s and structural formula(e) of the major active ingredient(s)

19

CAP 346

Pest Control Products

Chemical name(s)

[Rev. 1985

Structural formula(e)

3. Chemical name(s) and structural formula(e) of the minor active ingredient(s) (where applicable) Chemical name(s)

Structural formula(e)

4. Trade name(s), code number(s) and local name(s) of the product Chemical name(s)

Kenyan name(s)

5. Formulation wettable power (W.P.), emulsifiable concentrate (E.C.), dusts, etc ……………………………………………………………… 6. Concentration (of all active ingredient(s) ………………………. …………………………………………………………………… ………………………………………………………… 7. Description of inert material …………………………………………………………………… ……………………………………………………….. 8. Intended use (vet, health, agric, forestry, fishery, etc.) …………………………………………………………………… …………………………………………………………….

20

CAP 346

Pest Control Products

[Rev. 1985

9. Method, rate and frequency of application …………………………………………………………………… …………………………………………………………………… …………………………… 10. Target pest(s) disease(s), and host(s) ………………………………… PART III 1. Toxicity to formulated products to test animals (oral, dermal and inhalation LD 50 and LC 50) ………………………………………….. ………………………………………………………………………….. 2. The effects of the products on the environment(a) toxicity to bees …………………………………………………….. (c) toxicity to fish ……………………………………………………... (d) toxicity to birds ……………………………………………………. (e) Persistence in the environment …………………………………….………………………… …………………………………………… 3. Antidote(s) ……………………………………………………………… 4. Expected shelf life ……………………………………………………… 5. Registration numbers and references of the product in the country of origin and three other countries where it is marketed ………………… …………………………………………………………………… ……………………………………………………………………. …………………………………………………………………… 6. Is the product authorized to be on the market in the country of origin? If yes, attach evidence …………………………………………………. 1. Package description(s) ge size ol.)

material (plastic, etc.)

no)

21

CAP 346

Pest Control Products

[Rev. 1985

2. Indicate whether the packaging materials are approved by the Kenya Bureaus of Standards (KBS) ……………………………………….. ……………………………………………………………………… Name(s) and address(es) of distributor(s) in Kenya 1. …………………………………………………………………… …………………………………………………………………… …………………………………………………………………… …………………………………………………………………… 2. …………………………………………………………………… …………………………………………………………………………. …………………………………………………………… 3. …………………………………………………………………… …………………………………………………………………… …………………………………………………………………… 4. …………………………………………………………………… …………………………………………………………………………… …………………………………………………………… The information contained herein is correct to the best of my knowledge and belief. ……………………………… Date of application

…………………………. Signature of applicant ………………………………….. Position (if company)

NOTE: 1. A separate application form is required for each product. 2. Submit five sample labels to be used on the packages at the time of application. 3. If the space provided is not sufficient, attach a separate sheet. ________________

22

CAP 346

Pest Control Products

[Rev. 1985

FORM B THE PEST CONTROL PRODUCTS ACT CERTIFICATE OF REGISTRATION OF A PEST CONTROL PRODUCT Number …………… It is hereby certified that the pest control product described herein has been registered under the Pest Control Product Act and is subject to conditions indicated1. Approved common name …………………………………... 2. Trade name under which marketed in Kenya ………………. …………………………………………………………………………… 3. Active ingredient(s) ……………………………………………………………………. ……………………………………………………………………… ……………………………………………………………………… 4. Formulation ………………………………………………………………… 5. Condition(s) under which pest control product is registered ………………………………………………………………….. ………………………………………….……………………………… …………………………………………………………………………… 6. Registration No. ……………………………………………………………. 7. Registration in the name of ………………………………………………… ……………………………………………. Tel. No. …………………………… 8. Date of registration ………………………………………………………… 9. Date of registration expires ………………………………………………… …………………………… Chairman Pest Control Products Board

……………………………. Secretary Pest Control Products Board

23

L.N.89/1984

Citation.

Interpretation.

Labeling Requirements.

CAP 346

Pest Control Products

[Rev. 1985

THE PEST CONTROL PRODUCTS (LABELLING, ADVERTISING AND PACKAGING) REGULATIONS 1. These Regulations, may be cited as the Pest Control Products (Labelling, Advertising and Packaging) Regulations. 2. In these Regulations, unless the context otherwise requires“display panel” means part of a label applied on or affixed to the package of a pet control product but does not include a leaflet or brochure unless it is part of the label. 3. (1) No pest control product shall be distributed or sold without a label. (2) No label shall be used on a pest control product unless it has been approved by the Board, and unless the Board otherwise directs, every label shall show(a) the name of a pest control product which shall be descriptive of the physical form and purpose of the pet control product and shall include the common name of its active ingredients and may include a distinctive brand or trade mark; (b) the class designation of the pest control product in capital letters and shall be classified as set out in the First Schedule; (c) information detailing the nature and degree of hazard inherent in the pest control product and the nature and degree of hazard shall be identified by the appropriate precautionary symbol and signal words selected from the Second Schedule together with a statement respecting the nature of the primary hazard to which the symbol relates; (d) a statement directing the user to read the label which statement shall be in the following form- “READ THE LABEL BEFORE USING”; (e) a guarantee statement in the following manner(i) the word in capital letters “GUARANTEE”, followed by(ii) a colon; followed by(iii) the common name of the active ingredient of pest control product or where a common name has not been designated, the chemical or other name of the active ingredient; followed by(iv) the contents of the active ingredient expressed – (A) in the case of a liquid pest control product, as a percentage by mass, or mass per unit volume, or both, as may be required by the Board; (B) in the case of dust, wettable powder or other dry formulations, as a percentage by mass; or

24

CAP 346

Pest Control Products

[Rev. 1985

(C) where subparagraphs (A) and (B) do not apply, in terms acceptable to the Board; and the active ingredient shall include the viscosity, specific gravity, particle size or such other property or specifications determined by the Board to be necessary for guarantee purposes; (f) the registration number of the pest control product which shall be set out in the following manner“REGISTRATION NO.” (g) a statement of the net contents of the package for the pest control product, which shall be expressed(i) in the case of a liquid pest control product of a volume less than one litre, in terms of milliliters; (ii) in the case of liquid pest control product of a volume of one litre or more, in terms of litres; (iii) in the case of a pressure-packaged pest control product in terms of weight, in grams if less than one kilogram; (iv) in the case of a pressure-packed pest control product which weighs one kilogram or more, in terms of kilograms; (v) in the case of a dry formulation pet control product which weighs less than a kilogram, in terms of grams; (vi) in the case of a dry formulation pest control product which weighs one kilogram or more, in terms of kilograms; (vii) in the case of a pest control product that is semi-solid or viscous in terms of either weight or volume in accordance with this paragraph; or (viii) in the case of a pest control product the nature of which does not lend itself to net content statements prescribed in this paragraph, in terms acceptable to the Board; (h) the name and postal address of the registrant and the name and postal address of the resident agent, if any; (i) the directions for se of the pet control product, which directions shall include dosage rates, timing of application and use limitations; (j) information identifying any significant hazards respecting the handling, storage, display, distribution and disposal of the pest control product which information shall include instructions respecting procedures to alleviate the hazard and when required by the Board, instructions respecting decontamination procedures and disposal of the pest control product and the empty package; (k) information identifying any significant hazard to-

25

CAP 346

Pest Control Products

[Rev. 1985

(i) things on or in relation to which the pest control product is intended to be used; or (ii) public health, plants, animals or the environment, which information shall include instructions respecting the procedures to alleviate any such hazard; (l) instructions for first aid, which instructions shall be under the heading in capital letters “”FIRST AID INSTRUCTIONS” and shall set out the practical measures to be taken by the pest control product; (m) the toxicological information essential to the treatment of a person poisoned or otherwise injured by the pest control, which information shall be under the heading in capital letters “TOXICOLOGICAL INFORMATION” and shall(i) state antidotes and remedial measures; (ii) describe the symptoms of poisoning; and (iii) state the ingredient that may affect the treatment; (n) a notice to the user of the pest control product which notice shall be in the following mannerNOTICE TO USER

Supra.

Display panels.

This pest control product is to be used only in accordance with the directions on this label. It is an offence under the Pest Control Products Act to use or store a pest control product under unsafe conditions. (3) The label for a pest control product which is a device of a type or kind listed in the First Schedule to the Pest Control Products (Registration) Regulations shall contain the information referred to in the subparagraphs (f), (h), (i), (j), and (k) of paragraph (2). 4. (1) The display panel shall consist of one principal display panel and at leas one secondary display panel. (2) Where the primary purpose of a pest control product is not to control, prevent, destroy, mitigate, attract or repel a pest, but it has these properties, the pest control product shall have a display panel witha. the information referred to in subparagraphs 9a), (b), (c), (d, (g) and (h) of regulation 3 (2) on the principal display panel; and (b the information referred to in subparagraph (e), (f, (i), (l) and (m) of regulation 3 (2) on the secondary display panel; (3) Where the primary purpose of a pest control product is to control, prevent, destroy, mitigate, attract or repel a pest, the pest

26

Notice on display panel.

Display of additional information.

Information where product is distributed in bulk.

CAP 346

Pest Control Products

[Rev. 1985

control product shall have a display panel with the information referred to in subparagraphs (a), (b), (c), (d), (e), f), (g), and (h) of regulation 3(2) on the principal display panel. (4)This regulation shall apply to a label for a pest control product that is within the meaning of paragraph (a) of the definition of “pest control product” in section 2 of the Act. 5. (1) Where the principal display panel shows the pest control product as “RESTRICTED”, the notice referred to in regulation 3 (2) (n) shall appear prominently at the top of the secondary display panel followed by the heading in capital letters “RESTRICTED USE”, followed by the directions for use, dosage, timing of application and use limitations to which the restrictions relates all of which shall be circumscribed by a line to set the information apart from all other information required to be shown on the secondary display panel. (2) Notwithstanding paragraph (1), where the principal display panel shows the pest control product as “RESTRICTED” the directions for use, dosage rates, timing of application and use limitations to which the restriction relates, together with the information referred to in subparagraphs (a), (b), (c), (d), (e), (f), (h), and (i), of regulation 3(2) may, with the approval of the Board, appear in a brochure or leaflet that will accompany the package for the pest control product. (3) Where the information required to be shown on the label is not included in the display panel, the display panel shall contain the words in capital letters “READ ATTACHED BROCHURE BEFORE USE” prominently displayed thereon. 6.(1) Subject to the approval of the Board, additional information relating to the pest control product and any graphic design or symbol may be shown on the label if it does not unreasonably detract or obscure the information required to be shown on the label under these Regulations. (2) A registrant may include on the label the following liability limitation warrantySellers guarantee is limited to the terms set out on the label and subject thereto, the buyer assumes the risk to persons or property arising from the use or handling of this product and accepts the product on that condition. 7. Where a pest control product is distributed in a bulk container, the information referred to in subparagraphs a), (b), (e), (f), (g), (h), (i) and (m of regulation 3 (2) shall be shown(a) on the bulk container; and

27

CAP 346

Pest Control Products

[Rev. 1985

(b) on the documents respecting the pest control product or on a statement accompanying the consignment. Information on labels. Cap.513

Penaturation.

Storage and

display. Distribution Cap.244.

Prohibition.

Packaging.

8. (1) The information on every label shall be printed in both English and Kiswahili languages. (2) All units of measures shown on the label shall be expressed in accordance with the requirements of the Weights and Measures Act. (3) All information shown on the label shall be printed in a manner that is conspicuous, legible and indelible. 9. Where the physical properties of a pest control product are such that the presence of the pest control product may not be recognized when it is used, and is likely to expose a person or domestic animal to a sever health risk, the pest control product shall be denatured by means of colour, odour or such other means as the Board may approve to provide signal or warning of its presence. 10. A pest control product shall be stored and displayed in accordance with the conditions shown on the label. 11. Notwithstanding the provisions of the Pharmacy and Poisons Act, a pest control product shall be distributed in accordance with such conditions as the Board shall specify. 12. No person shall use a pest control product in a manner that is inconsistent with the directions or limitations respecting its use as shown on the label. 13. (1) Every package for a pest control product shall, unless the Board otherwise directs, be approved by the Board. (2) The package for every pest control product shall be sufficiently durable and be designed and manufactured to contain the pest control product safety under practical conditions of storage, display and distribution. (3) Every package shall be designed and manufactured to permit(a) the withdrawal of any or all of the contents in a manner that is safety to the user; and (b) the closing of the package in a manner that will contain the pest control product satisfactorily under practical conditions (4) Every package shall be constructed in such a manner as to minimize the degradation or change of its contents resulting from interaction or from the effects of radiation or other means.

28

General prohibitions. Cap.364.

CAP 346

Pest Control Products

[Rev. 1985

14. (1) A label shall not contain any information respecting any organism or causative agent of a disease that is required to be reported under the Animal Diseases Act. (2) Information that is required under these Regulations to be shown on a label shall not appear at the bottom of the package. (3) Words stating, implying or inferring that a pest control product is approve, accepted or recommended by the government or by any department or agency thereof shall not appear on a package or label or in any advertisement respecting a pest control product. FIRST SCHDULE

(reg. 3 (2))

CLASSIFICATION OF PEST CONTROL PRODUCTS RETRICTED CLASS

1. Where the Board has set forth additional essential conditions to be shown on the label respecting the display, distribution, use , limitations or qualifications of persons who may use the pest control product, the pest control product shall have the following properties(a) acute oral LD50 is less than 50 m / kg body weight; (b) acute dermal LD50 is less than 100 mg / kg body weight; (c) environmental risks are significant and will be judged accordingly; (d) pest control products used in aquatic and forestry situations are classified restricted. FIRST SCHEDULE-(Contd.) COMMERCIAL AND AGRICULTURAL CLASS

2. Where the pest control product is to be displayed and distributed for general use in commercial activities specified on the label it shall have the following properties(a) acute oral LD50 is less than 50 mg / kg body weight;

29

CAP 346

Pest Control Products

[Rev. 1985

(b) acute dermal LD50 is less than 100 mg / kg body weight; (c) environmental effects possible in limited regions. DOMESTIC CLASS

3. Where the pest control product is to be displayed and distributed for the use in and around a dwelling it shall have the following properties(a) acute oral Ld50 is over 500 mg / kg body weight; (b) acute dermal Ld50 is over 1,000 mg / kg body weight; (c) no special precautions or equipment required for inhalation hazard; (d) no irreversible effects from repeated exposures; (e) disposal of conduct and containers can safely be done by placing in garbage; (f) package sizes limited to amounts that can be safely used and stored by consumers. SECOND SCHEDULE

reg. 3 (2)

CAUTIONARY SYMBOLS AND WORDS SIGNAL WORD

SYMBOL

1. POISON / DANGER (SUMU/ HATARI) 2. CORROSIVE (KINAWEZA KUCHOMA) ACID 3. INFLAMMABLE (KINAWEZA KUPATA MOTO)

30

CAP 346

Pest Control Products

[Rev. 1985

4. EXPLOSIVE (KINAWEZA KULIPUKA) L.N.146/1984

THE PEST CONTROL PRODUCTS (IMPORTATION AND EXPORTATIONS) REGULATIONS

Citation.

1. These Regulations may be cited as the Pest Control Products (Importation and Exportation) Regulations.

Importation and exportation prohibited unless licensed.

2. (1) No person shall import or export a pest control product for commercial purposes unless that person is in possession of a licence issued under these Regulations.

Supra.

(2) No licence shall be issued for the importation of a pest control product unless the pest control product is registered in accordance with the Pest Control products (Registration) Regulations. (3) No licence shall be issued under these Regulations unless the Board is satisfied that the provisions of the Pest Control Products Act have been complied with.

Presumptions.

3. (1) For the purpose of paragraph (1) of regulation 2, a pest control product shall be considered to be for commercial purpose if it is for a use other than scientific reason or testing and products imported for resale, manufacture, formulation, owner’s se or commodity aid shall be deemed to be imported for commercial purposes. (2) For the purpose of paragraph (1) of regulation 2, a pest control product shall be deemed to have been exported when it is place on any ship, aircraft, train or vehicle within Kenya for the purpose of export.

Application for licences.

4. (1) Any person desiring a licence in respect of importation or exportation of a pest control product for commercial purposes shall apply to the Board for a licence in Form PCPB 1 set out in the Schedule which form shall be signed by the importer or exporter, as the case may be, who shall state the purpose of the importation or exportation of the pest control product in the following manner(i) “FOR RESALE”, where the product is being imported or exported for the purpose of resale whether in the original pack or after repacking; or

31

CAP 346

Pest Control Products

[Rev. 1985

(ii) “For MANUFACTURING PURPOSES”, where the pest control product is being imported or exported for use in the manufacture or formulation of a registered pest control product; (iii) “FOR IMPORTER’S OWN USE”, where the pest control product is being imported into Kenya or exported to another country for sole use of the importer, together with information respecting where the pest control product shall be used and the nature of that use. (2) The Board shall from time to time determine the fee to be paid in respect of an application for a licence. [Subsidiary] Dealing with applications and issue of licences, etc Dealing with application and issue of licences, etc.

Duty of licences. etc

Duty of customs officers.

5. (1) The Board may approve an application made under regulation 4 if it is satisfied that(a) the application contains the information required under that regulation; (b) the pest control product contains ingredients that have been previously assessed or evaluated for the purposes of the Act and these Regulations and which have been accepted for registration under Pest Control Products (Registration) Regulations, 1984, for the use stated in the application and issue a licence in Form PCPB 1 set out in the schedule. (2) Where the Board does not approve an application it shall not be obliged to give any reason therefore. (3) No person to whom a licence has been issued under these Regulations shall lend, hire, sell, transfer or otherwise dispose of that licence to any other person without the approval of the Board, which approval shall be endorsed on the licence. (4) The Board may attach to a licence such conditions as it deems fit to impose and in particular any such condition may restrict the importation and exportation of a pest control product from a specified source or for specified usage and the Board may, from time to time, vary, add to or revoke any of the conditions attached to a licence. 6. (1) It shall be the sole responsibility of the licensee or his agent to ensure that Form PCPB 1 is endorsed by the Central Bank of Kenya and to forward a signed copy of the form to Board. (2) It shall be the sole responsibility of the importer or his agent to ensure that Form PCPB 1 is endorsed by the Customs Department at the port of entry and to forward a signed copy to the Board. 7. Where for any reason a customs officer at a port of entry withholds the release of any pest control product he shall forthwith advise the Board of that action.

32

cancellation and suspension of licences.

CAP 346

Pest Control Products

[Rev. 1985

8. (1) The Board may cancel or, for such period as it thinks fit, suspend a licence issued under these Regulations if the Board is satisfied that (a) the licensee or his servant or agent has been convicted of an offence under the Act; or (b) the licensee or his servant or agent has committed a breach of any of the terms or conditions of the licence; or (c) for any other reason, it is in the public interest so to do. (2) Board canceling or suspending a licence under this regulation the Board shall give the licensee twenty-eight days’ notice to show cause why the licence should not be cancelled or suspended and the Board’s decision in the matter shall be final. [subsidiary]

SCHEDULE FORM PCPB 1 APPLICATION FOR THE IMPORT/EXPORT OF PEST CONTROL PRODUCTS FOR COMMERCIAL PURPOSE (to be typed and submitted in quadruplicate) TO:

THE SECRETARY PEST CONTROL PRODUCTS BOARD WAIYAKI WAY P.O. BOX 14733 NAIROBI

Applicant’s Full name/Address ………………………………… …………………………………………………………………… …………………………………………………………………… Tel. No. …………………………………………………………. Full Name and address of the exporter (if import to Kenya) or importer (if export from Kenya) ……………………………………………… …………………………………………………………………… ……………………………………………………………………. PRODUCT INFORMATION 1. Registration number ……………… Date of expiry …………….. ………………………………………………………………………… 2. Country of origin (if being imported) ……………………………

33

CAP 346

Pest Control Products

[Rev. 1985

……………………………………………………………………. 3. Country of destination (if being exported or re-exported) ……… ………………………………………………………………………. 4. SITIC No.. ………………………………………………………… 5. Approved common name ………………………………………… 6. Chemical name …………………………………………………… 7. Trade name ………………………………………………………. 8. Formulation ……………………………………………………… 9. Concentration (% a.i.) …………………………………………… 10. State of product (technical or formulated) ……………………… …………………………………………………………………… import/export FOR RESALE FOR MANUFACTURING PURPOSES FOR IMPORTER’S OWN USE 11. Quantity applied for ………………………………Total cost (Freight charges included) 12. Estimated annual usage ………………………………………… 13. Previous imports (give dates, quantity and registration number of product) ……………………………………………………………….. PCPB 1/DATE

FEAL/DATE

QUANTITY

14. Quantity in stock ………………………………………………… I/We certify that the information contained herein is correct to the best of my/our knowledge. Importer’s/Exporter’s Signature …………………………… Designation ………………………………………………… Date …………………………………………………… FOR OFFICIAL USE ONLY

34

CAP 346

Pest Control Products

[Rev. 1985

Board’s official stamp ……………………………………. Chairman Pest Control Products Board ………………………………………. Date ………………………………………. Secretary Pest Control Products Board Date ……………………………….. FEE PAID TO BE ENTERED BY THE CENTRAL BANK Feal number ……………………………………………………………... Date of issue …………………………………………………………….. Valid until ……………………………………………………………….. Stamp Signature ……………………………………………………………….. TO BE ENTERED BY THE CUSTOMS OFFICER I certify that the following goods have today been imported/exported. Name of the product …………………………………………………. Quantity ………………………………………………………………. C & F value declared …………………………………………………… Origin (country and company) …………………………………………. ………………………………………………………………………….. ………………………………………………………………………….. Vessel ………………………………………………………………….. Clearing agent ………………………………………………………… Customs entry No. …………………………Date ……………………… Stamp and Signature Date ………………………………….

35

CAP 346

Pest Control Products

[Rev. 1985

Notes 1.Original to be returned to the Board after Central Bank FEAL No. allocation and endorsement. 2. Duplicate to be returned to the Board after Customs declaration. 3. Triplicate to be retained by the Importer/Exporter after Customs declaration. 4.Quadruplicate to be retained by the Board after approval/rejection. 5. “FEAL” means Foreign Exchange Allocation Licence.