Pest Control Products (PCP) Bill 2016 and Draft PCP Regulations 2015- 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 started working 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.

The Issue

In 2012,  AgroAK further collaborated with PCPB, Croplife Africa Middle East, Kenya Law Reform and the Ministry of Agriculture in drafting PCP Regulations to implement the revised Act. However, upon presentation of the draft Regulations to the AG, the regulations were found be at odds with the ongoing agricultural reforms as well the newly promulgated constitution thus requiring the revision of the PCP Act once again.

The PCPB and AgroAK drafted the PCP Bill, 2016 which was expected to repeal Cap 346 and was expected to give PCPB autonomy as a result of the agricultural sector reforms. The Bill was forwarded to the Attorney General for legal drafting and publishing but was returned with recommendations for further changes.

The AG suggested that the recommended changes be agreed with the industry as well as consideration of some proposed changes to the draft PCP Regulations 2015. The AG recommended the following provisions and regulations also be reviewed:

  • Provisions on offences and penalties (to empower PCPB), Transportation Regulations; Confidential Business Information (CBI) Regulations
  • Regulations on minor offences. AgroAK is seeking BAF support to partner with PCPB to collate stakeholder input to the draft Bill and regulations

Expected outcome                               

AgroAK would like to have a sound legal framework regulating the agrochemical industry. If successful, this legal framework will create an autonomous and independent regulator (PCP Board) which is properly funded with its own terms of service, thus enabling it to recruit and retain qualified staff.

New Regulations will emerge, specifically outlining how the autonomous PCPB is expected to implement its mandate and enforce the Regulations. With PCPB  positioned and authorised to implement and enforce the Regulations, the intended outcome is that the extent of counterfeit pesticides products should be dramatically reduced thereby delivering quality products to farmers, resulting in more effective pest control.