Pest Control Products (Disposal) Regulations, Legal Notice no. 103 of 2024

Kenya Subsidiary Legislation, 2024179 6 L e g a l N o t i c e N o . 10 3 T H E P E ST C O N T R O L PR O D U C T S A C T (Cap . 346j THE PEST CONTROL PRODUCTS (DISPOSAL) REGULATIONS, 20 24 A R R A N G E M E N T O F R E G U L A T I O N S Regulation 1 — C i tat i o n . 2—Interpretation. 3 —Obj ect of the Regulations. 4—Appl ication. 5—Disposal of pest control products. 6—A pplication for pest control products disposal l icence. 7—M anagement of empty pest control product containers. 8 —Supervision of disposal of pest control products. 9—Suspension of a licence. 10 — C an cel l at i o n o f a l i c en ce . 11 — General penalty . 12 — R ev o c at i o n . SC H E D U L E : F O R M S 17 9 7Kenya Subsidiary Legislation, 2024 THE PEST CONTROL PRODUCTS ACT (Cap . 346j IN EXERCISE of the powers conferred by section 15 of t h e P est Control Products Act, the Cabinet Secretary for Agriculture an d Livestock Development, after consultation with the Pest Control Products Board, makes the following Regulations— THE PEST CONTROL PRODUCTS (DISPOSAL) REGULATIONS, 20 2 4 These Regulations may be cited as the Pest Control Products Citation. (Disposal) Regulations, 2024. 2. In these Regulations, unless the context otherwise requires “dispose” means any operation to isolate, neutralize, recycle or destroy pesticide waste, used containers and contaminated m ateri al s; “hazardous waste” means any waste or combination of w a s t e s with the potential to damage human health, living organisms o r th e env i ronment ; 1 . Interpretation. “recycling” means process of collecting and processing m ater i al s that would otherwise be thrown away; and m e a n s the movement of hazardous“ trans-boundary movement' waste from an area under the national jurisdiction o f o n e St ate t o o r through an area under the national jurisdiction of an o th er St ate o r t o o r through an area not under the national jurisdiction of any State: provided that at least two States are involved in the m o v em ent . 3. (1) The object of these Regulations is to provide a framework for the safe disposal of obsolete and non-compliant pest control products and their packages to safeguard human heal th and the env i r o n m en t . (2) Without prejudice to the generality of sub-regulation ( 1) , the object of these Regulations is to provide for the— (a) licensing of facilities for disposal of obsolete an d n o n compliant pest control products and packages; (b) methods of disposal of pest control products and packages; Object and purpose of the regulation. an d cancel lation of a licence issued(c) procedure for suspension or to a facility licensed to provide services of pest c o n t r o l products and packages disposal. 4. These Regulations shall apply to the disposal of pest control Application, products and pest control products packaging. 5 (1) A person shall not dispose any pest control product o r that i s detr imental to human Disposal of pest control products. pest control product package in health, animal health or the environment. a m a n n e r Kenya Subsidiary Legislation, 2024179 8 (2) A person shall not dispose a pest control product, pest control product package, pesticide waste or treated seed s f o r commercial purposes unless the person has been issued w i th a l icence issued by the Board. (3) Subject to sub-regulation (1), a person may dispose a pest eontrol product or pest control product package by— (a) recycling; (b) incineration; (c) autoclaving; or (d) any other method approved by the Board. (4) For purposes of sub-regulation (3)— (a) recycling may be used for the disposal of pest c on tr o l product packaging materials; (b) incineration may be used for the disposal of pest co n tr o l products and their packaging material; and (c) autoclaving may he used for the disposal of microbial pest control products. (5) The trans-boundary movement of a pest control product f o r purposes of disposal shall be subject to conventions, protocols, treaties or agreements to which K enya has ratif ied. (6) A person who contravenes the provisions of this regulation com mi ts an of f ence. (7) In this regulation, “autoclaving” means the sterilization o f micro-organisms through steam under high temperature and high p r essu r e 6 (1) A person who intends to dispose of pest control products for commercial purposes shall apply to the Board for a l i cence in Form A set out in the Schedule and shall pay the prescribed f ee . (2) The Board may issue the applicant with a Pest Control Pisposal Licence if satisfied that the applicant— (a) intends to dispose the pest control product using m eth od s approved by the Board; (b) has sufficient expertise to dispose of the pest control product; (c) has the requisite approvals set out in the Environmental Cap. 387 M anagement and Co- ordination Act. (3) The Pest Control Disposal Licence shall be in Form B as set out i n the Schedul e. A ppl ication for pest control products disposal l i cence . ( )̂ A person shall not dispose an empty pest control product Management of packaging in a manner likely to contaminate the environment or that i s P®®‘ control hazardous to human health and other organisms. product packaging. (2) Each pest control product shall indicate on the label , the manner of disposal of the pest control product and its package. Kenya Subsidiary Legislati on, 2024 17 9 9 (3) Any person who intends to dispose empty pest control product packaging shall del iver the empty pest control product packaging to an approved collection si te or a l icensed disposal facil ity in accordance with the Environmental M anagement and C o -o r d i n at i o n Act and the Sustainable W aste M anagement Act . 8 ( 1) The Board shall supervise the disposal of pest co n tr o l products for commercial purposes and issue a Certif icate of Disposal upon conf irmation that the pest control product , package or w aste h av e been disposed of in accordance with the provisions o f th ese Regulations. (2) The certif icate i ssued under sub-regulation shall b e i n F o r m C as set o u t i n th e Sc hed u l e . 9 (1) The Board mav suspend a licence i ssued under th ese Regulations for a peri od not exceeding six months, i f sat i sf i ed t h at t h e l icensee has breached any of the terms and conditions o f th e l i c enc e . (2) Before suspending the licence under sub-regulation (1) , the Board shal l give the licensee a twenty-eight days’ n o t i ce t o sh ow c au se why the l icence should not be suspended. (3) The Board may l if t the suspension of a l icence i f sat i sf i ed that the l icensee has compl ied with the terms and conditions u p o n which the suspension was made. (4) If the breach contemplated under sub-regulation (1) poses serious danger to human health or the environment , th e B o ar d sh al l c an c e l t h e l i cen ce w i th i m m ed i ate ef f ec t . 10 ( 1) The Board may cancel a l icence i ssued under th ese Regulations if the disposal of the pest control product or packaging poses an imminent danger to human health, environment an d n atu r al r e s o u r c e s . Cap. 387. Cap 387C. Supervision of disposal of pest control products. Suspension of a l i cence . C ancel l ati on of a l i cence . (2) Before cancel ling the licence under sub-regulation (1), the Board shall give the l icensee a twenty-eight days’ n o t i ce to sho w c au se why the l icence should not be cancel led and the Board's d eci si o n i n th e m atter sh al l b e f i n al . 10. A person who commits an offence under these Regulations for which no penalty is provided shal l be liable on co n v i c t i on t o th e penalty speci f ied under section 12A of the Act . General penal ty . R ev ocati on . Sub. Leg. 12. The Pest Control Products (Disposal ) Regulations a r e r ev o k ed . Kenya Subsidiary Legislation, 2024180 0 SC H E D U L E F O R M S i r .6(l ))F O R M A T H E P E ST C O N T R O L PR O D U C T A C T (Cap 346j A PPL I C A T I O N F O R T H E D I SP O SA L O F PE ST C O N T R O L PR O D U C T S F O R C O M M E R C I A L P U R P O SE (to be typed or pr inted) To: The Chief Executive Off icer/Secretary P est C o n t r o l P r o du c t s B o ar d W aiyaki W ay P O B O X 137 94 -00 80 0 W est l an d s — N ai r o b i Appl icants ful l name/A ddress1 . 2 . The company directors 3 . Types of waste/(Products, formulation, state etc.) 4 . Quantity in detai ls 5 . Source(s) of wastes 6 . Reasons for disposal , 7 . M ethods of disposal to be used (attach the detai ls or the methods) 8. Qualif ication and experience of personnel 9. Disposal site (attach details) 10. Transportation to the disposal site 11. Environmental impact A ssessment report . App l icant Sign/Stamp D ated Kenya Subsidiary Legislation, 2024 180 1 F O R M B {r .6(2)) TH E PE ST CON TR OL PROD U CT A CT (Cap 346; THE PEST CONTROL PRODUCTS (DISPOSAL) REGULATIONS PEST CONTROL DISPOSAL LICENCE L icence N o : This Licence is granted to To dispose the following pest control products wastes 1 . 2 . 3 . 4 . Using the following methods of disposal 1 . 2 . 3 . 4 . A t Chief Executive Offi cer/ Secretary Signature; D ate The Licence is not transf erable. Kenya Subsidiary Legislation, 2024180 2 (r .8)F O R M C T H E PE ST CON T R OL PR OD U CT A CT (Cap .346) THE PEST CONTROL PRODUCTS (DISPOSAL) REGULATIONS CERT IFI CA T E OF D I SPO SA L C er t i f i c ate N o : This is to certi fy that on Satisfactorily disposed of the following pest control products: 1 . 2 . 3 . M ethods of disposal 1 . 2 . 3 . C o m m ent s f r o m th e B o ar d Managing D irector D ate Stamp M ade on the 22nd M ay , 2024. M I T H I K A L I N T U R I , Cabinet Secretary f or Agr icul ture and L ivestock Development. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI