Regulatory Impact Assessment of the Pest Control Products Regulations - Agrochemicals Association of Kenya (AgroAK)

The Pest Control Products Act (Cap 346) was enacted in 1982 to regulate “the importation, exportation, manufacture, distribution and use of products used for the control of pests and of organic function of plants and animals”. The consensus, however, was that the Act omitted key provisions that impeded the effective regulation of pest control products by the Pest Control Products Board (PCPB). 

In 2008, AgroAK worked with PCPB towards amending the Act to address the ineffectiveness of PCPB, resulting from insufficient powers given to it under Cap 346. The Act was successfully amended in 2010.

In 2012, AgroAK collaborated with PCPB, CropLife Africa Middle East, Kenya Law Reform and the Ministry of Agriculture in drafting PCP Regulations to implement the revised Act. In 2017, AgroAK worked with PCPB, to obtain stakeholder input to the draft Bill and Regulations. However, upon presentation of the draft Bill and Regulations to the Ministry of Agriculture, it was noted the review process was incomplete as the regulatory impact assessment, RIA, was still pending.

AgroAK is seeking to ensure the RIA is undertaken for the review process to be comprehensively completed.

From the RIA the industry will be able to determine, the precise impact of the proposed Regulations on their business environment. For example, if the regulations propose levies and fees which are not sustainable, the cost of doing business for the pesticide industry will be negatively affected. The net effect on the government’s economic agenda will be minimised, specifically the promotion of the manufacturing sector in agriculture and ensuring food security.

The RIA will provide a cost-benefit analysis for the industry to determine if the gains brought about by the proposed regulations will outweigh the costs imposed by these regulations.