Pest Control Products (Labelling, Advertising and Packaging) Regulations, Legal Notice no. 194 of 2024

Kenya Subsidiary Legislation, 2024 3490 THE PEST CONTROL PRODUCTS ACT (Cap. 346) PEST CONTROL PRODUCTS BOARD FORM J (r18) PEST CONTROL PRODUCTS STOCK RECORDS FORM Name of the Premises: ................................................................................................ Location of the Premises: ........................................................................................... No. Date of purchase Name and address of supplier Supplier Certificate Number/ Identification Number Trade name of product supplied Quantity Litres/kg Batch Number Made on the 18th November, 2024. ANDREW KARANJA, Cabinet Secretary for Agriculture and Livestock Development. LEGAL NOTICE NO. 194 THE PEST CONTROL PRODUCTS ACT (Cap. 346) THE PEST CONTROL PRODUCTS (LABELLING, ADVERTISING AND PACKAGING) REGULATIONS, 2024 ARRANGEMENT OF REGULATIONS Regulation 1—Citation. 2—Interpretation. 3—Object of the Regulations. Kenya Subsidiary Legislation, 2024 3491 4—Labelling prohibitions. 5—Label approval procedure 6—Display panels. 7—Notice on display panel. 8—Small pack labels display panel. 9—Display of additional information. 10—Information where product is distributed in bulk. 11—Information where product is shipped in bulk containers. 12—Display of information on label. 13—Reporting adverse effects. 14—Experimental label. 15—Storage and display. 16—Prohibition. 17—Procedure for approval of packaging. 18—Package requirements. 19—Advertising. 20—General prohibitions. 21—General Penalty. 22—Revocation. SCHEDULES: First Schedule: Labelling Requirements Second Schedule: Classification of Pest Control Products Third Schedule: Hazard Symbols and Signal Words Kenya Subsidiary Legislation, 2024 3492 THE PEST CONTROL PRODUCTS ACT (Cap. 346) IN EXERCISE of the powers conferred by section 15 of the Pest Control Products Act, the Cabinet Secretary for Agriculture and Livestock Development, after consultation with the Pest Control Products Board, makes the following Regulations— THE PEST CONTROL PRODUCTS (LABELLING, ADVERTISING AND PACKAGING) REGULATIONS, 2024 1. These Regulations may be cited as the Pest Control Products (Labelling, Advertising and Packaging) Regulations, 2024. Citation. 2. In these Regulations, unless the context otherwise requires— Interpretation. “advertisement” means any visual or oral communication, representation, reference or notification which is intended to— (a) promote or persuade the sale or use of a pest control product; (b) appeal for, promote or persuade the support of a pest control product; (c) promote content of display material, labels, brochures, pamphlets, and packaging of a pest control product; “bulk container” means a packaging material of the size not less than fifty kilograms or litres; “causative agent” means an organism that is responsible for bringing about a disease; “display panel” means part of a label applied on or affixed to the package of a pest control product but does not include a leaflet or brochure unless it is part of the label; “Globally Harmonized System (GHS) of classification and labelling of chemicals” means an internationally recognized system to standardize chemical hazard classification and communication; “label” means a written or graphic information material attached to or accompanied onto a pest control product package and giving information about the product; “Lethal Dose 50 (LD50)” means the amount of a chemical or substance that causes mortality to fifty per centum of the tested animal exposed to it; and “Pantone Matching System (PMS)” means a standardized colour matching system which is used worldwide to specify and control colour shades for safety purposes. 3. (1) The object of these Regulations is to provide for measures to safeguard human health and environment from hazards associated with labelling and advertising of pest control products. Object of the regulation. Kenya Subsidiary Legislation, 2024 3493 (2) Without prejudice to the generality of sub-regulation (1), the object of these Regulations is to provide for— (a) the requirements and standards to be adhered to by all users in the value chain in the labelling and packaging of pest control products; (b) the role of the Board in ensuring labelling, advertising and packaging of pest control products conforms to the set standards; (c) authentication of all pest control products released into the market; (d) the promotion of ethical standards in labelling, advertising and packaging; and (e) a uniform advertising procedure of pest control products in order to mitigate misinformation to the general public. 4. (1) A person shall not sell, package, store or distribute a pest control product without a label. Labelling prohibition. (2) No label shall be used on a pest control product unless it has been approved by the Board. (3) A person who contravenes this regulation commits an offence and shall be liable on conviction to the penalty provided under section 12(1) of the Act. 5. (1) A person who intends to register, conduct a trial or research on a pest control product shall submit a label on the pest control product to the Board for approval. Label approval procedure. (2) The Board shall evaluate the label submitted under sub regulation (1) within thirty days after submission of the label. (3) Where the Board is satisfied that the label meets the labelling requirements set out in the First Schedule, the Board shall approve the label. (4) The Board shall, where the label does not comply with the provisions of these Regulations, notify the applicant in writing, within seven days after evaluation, to rectify the application. (5) The applicant shall, within thirty days of the notice under sub regulation (4), rectify the application and submit the revised label to the Board for consideration. 6. (1) A pest control product label shall have a display panel consisting of one principal display panel and at least two secondary display panels written in English and Kiswahili languages. Display panels. (2) The principal display panel shall contain— (a) the name of a pest control product which shall be descriptive of the physical form and the purpose of the pest control Kenya Subsidiary Legislation, 2024 3494 product and shall include the common name of its active ingredient or active agent and shall include a distinctive brand or trademark; (b) the class designation of the pest control product in capital letters and shall be classified as set out in the Second 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 as set out in the Third Schedule together with a statement on the nature of the primary hazard to which the symbol relates to as per the Globally Harmonized System of classification and labelling of chemicals; (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 printed in the following manner— (i) the word in capital letters as “GUARANTEE”; (ii) the common name of the active ingredient or agent of the pest control product or where a common name has not been designated, the chemical or other name of the active ingredient or agent; (iii) the contents of the active ingredient or agent expressed— (aa) 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; (bb) in the case of dust, wettable powder or other dry formulations, as a percentage by mass; or (cc) where subparagraph (iii)(aa) and (bb) do not apply, a term acceptable to the Board shall apply; (f) the registration number of the pest control product which shall be in bold text; (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 millilitres; (ii) in the case of a liquid pest control product of a volume of one litre or more, in terms of litres; (iii) in the case of a pressure-packed 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 Kenya Subsidiary Legislation, 2024 3495 which weighs one kilogram or more, in terms of kilograms; (v) in the case of a dry formulation pest 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 subparagraph; or (viii) in the case of a pest control product the nature of which does not lend itself to a statement of net content prescribed in sub regulation 3(g), be expressed in terms acceptable to the Board; (h) the name and address of the registrant or manufacturer and the name and address of the resident agent and distributor; (i) the colour codes banding precautionary pictograms relating to the toxicity of the product in the following manner of declining toxicity in— (i) PMS Red 199C for products for GHS category 1 and 2; (ii) PMS yellow C for products for GHS Category 3; and (iii) PMS Blue 293C for GHS Category 4 and 5; (j) the colour code of the colour band shall not be used as background colour on the label; (k) separate pictograms depicting at least one pest controlled by the pest control product and crop or animal or other usage as registered under this Act; (l) an instruction directing the user on storage which shall be in capital letters — “KEEP LOCKED OUT OF REACH OF CHILDREN”; (m) information on the date of manufacture, expiry date, batch number and shelf- life if stored in the original container under cool dry conditions, where manufacturing and expiry dates shall be printed directly on the label or the package in capital letters and in bold; (n) the Globally Harmonized System of classification and labelling as adopted in Kenya shall only apply to chemical pest control products; and (o) the World Health Organization classification and labelling shall apply to the non-chemical pest control products. Kenya Subsidiary Legislation, 2024 3496 (3) The secondary display panel shall contain— (a) a brief description of the pest control product which shall include the classification and mode of action of the pest control product; (b) the directions for use of the pest control product, including the dosage rates, amount per unit area or weight, spray volume, amount of product in grams or millilitres per litre of water where applicable, timing of application and use limitations; (c) pre-harvest interval, compatibility, re-entry interval, withdrawal period and measuring device and use limitation, where applicable; (d) information identifying any significant hazards in relation to handling, storage, display, distribution and disposal of the pest control product which information shall include instructions on procedures to alleviate the hazard and when required by the Board instructions on decontamination procedures and disposal of the pest control product and the empty package; (e) information identifying any significant hazard relating to health, environment and physical hazards as per the Globally Harmonized System of classification and labelling of chemicals which including— (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 on the procedures to alleviate any such hazard; (f) 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 in the event of poisoning or other injury caused by the pest control product; (g) the toxicological information essential to the treatment of a person poisoned or otherwise injured by the pest control product, which information shall be under the heading in capital letters “TOXICOLOGICAL INFORMATION” and shall — (i) describe the symptoms of poisoning; (ii) state antidotes and remedial measures; and (iii) state the ingredient or agent that may affect the treatment; Kenya Subsidiary Legislation, 2024 3497 (h) a notice to the user of the pest control product which notice shall be in the following manner— “NOTICE TO USER” 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. (4) Despite the provisions of this regulation, the labelling of a pest control product shall be as set out in the First, Second and Third Schedules. 7. (1) Where the principal display panel shows the pest control product as “RESTRICTED”, the notice referred to in regulation 6(3)(h) shall appear prominently at the top of the secondary display panel followed by the heading in capital letters “RESTRICTED USE”, and information on the directions for use, dosage, timing of application and use limitations to which the restrictions on the pest control product relates and the information shall be circumscribed by a line to set the information apart from all other information required to be shown on the secondary display panel. Notice on display panel. (2) Where the information required to be shown on the label of a pest control product is not included in the display panel, the display panel shall contain the words in capital letters “READ ATTACHED BROCHURE BEFORE USE” prominently displayed. 8. (1) Where the Board requires an applicant to display information on the principal panel of the label of a pest control product in the minimum font size seven and the information cannot fit on the package, the applicant shall, with the approval of the Board, display the information in the principal panel while the other additional information shall be presented in a brochure or leaflet attached to the package of the pest control product. Small pack labels display panel. (2) A small pack size of a pest control product shall be 500 millilitres or 500 grams. (3) A pest control product pack of a size smaller than 100 grams or 100 millilitres shall have the requisite information as set out in Part 5 of the First Schedule. 9. (1) The Board may require additional information relating to a pest control product and any graphic design or symbol to be shown on the label if it does not unreasonably detract or obscure the information required to be shown on the label. Display of additional information. (2) A person registered by the Board may include on the label of the pest control product the following liability limitation warranty— “seller’s 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.” Kenya Subsidiary Legislation, 2024 3498 10. Where a person registered by the Board intends to distribute a pest control product in a bulk container, the registered person shall ensure the information referred to in regulation 6(2)(a), (b), (d), (e), (f) and (g) is shown— Information where product is distributed in bulk. (a) on the bulk container; and (b) on the documents relating to the pest control product or on a statement accompanying the consignment. 11. Where a registered person intends to ship a pest control product in a bulk container, the information referred to in regulation 6(2)(a), (b), (d), (e), (f) and (g) and regulation 6(3) shall be shown on the bulk container. Information where product is shipped in bulk container. 12. (1) The information displayed on the label of a pest control product shall— Display of information on label. (a) be printed in both English and Kiswahili languages; (b) be printed in a manner that is conspicuous, legible and indelible; and (c) have a minimum font size seven. (2) Each unit of measure shown on the label shall be expressed in accordance with the requirements of the Weights and Measures Act. Cap. 513. 13. (1) The public may report to the Board— Reporting adverse effects. (a) any ineffective results, adverse effects or accidents caused by a pest control product; (b) a counterfeit pest control product; or (c) an unregistered or expired pest control product. (2) The report under sub regulation (1) may be made to the Board either orally or in writing through email, letter or on social media platform. 14. A pest control product used to conduct a trial or for research purposes shall be labelled in the manner specified in Part 2 of the First Schedule. Experimental label. 15. A pest control product shall be stored and displayed in accordance with the conditions shown on the label. Storage and display. 16. (1) A person shall not use a pest control product in a manner that is inconsistent with the directions shown on the label. Prohibition. (2) A person who uses a pest control product in a manner that is inconsistent with the directions shown on the label commits an offence. 17. (1) The Board shall approve a package for a pest control product. Procedure for approval of packaging. (2) A person who intends to register a pest control product shall submit the package for the pest control product to the Board for evaluation and approval. Kenya Subsidiary Legislation, 2024 3499 (3) The Board shall evaluate the package for the pest control product within thirty days after submission of the package and approve the package if the package meets the packaging requirements (4) Where the package does not meet the packaging requirements, the Boards shall, within seven days after evaluation, notify the applicant in writing to rectify the package. (5) The applicant shall, within thirty days of the notification under sub-regulation (4), rectify the package and submit the package to the Board for consideration. 18. (1) Each package for a pest control product shall be durable and be designed and manufactured to contain the pest control product safely under practical conditions of storage, display, distribution and use. Package requirements. (2) A package for a pest control product shall be designed and manufactured to allow— (a) the withdrawal of any or all the contents in the package in a manner that is safe to the user; and (b) the closing of the package in a manner that will contain the pest control product. (3) A package for a pest control product shall be constructed in such a manner as to minimize the degradation or change of its contents resulting from interaction with or from the effects of radiation or other means. 19. A package for a pest control product shall not be used for any other purpose due to the hazards associated with pest control product. 20. (1) A person shall not advertise in any media including social media, a pest control product that has not been registered by the Board. Advertising. (2) An advertisement relating to a pest control product shall not be misleading by virtue of any inaccuracy, ambiguity, exaggeration, omission or otherwise. (3) A description, claim or comparison in an advertisement relating to a pest control product shall be supported with relevant documentation and evidence. (4) An advertisement shall not make direct comparative statements or illustrations to other brands of registered products. (5) A person who contravenes this regulation commits an offence. 21. (1) A label shall not contain any information relating to any organism or causative agent of a disease that is required to be reported under the Animal Diseases Act and the Public Health Act. General prohibitions. Cap. 364 Cap 242 Kenya Subsidiary Legislation, 2024 3500 (2) Any information that is required under these Regulations to be shown on a label shall not appear at the bottom of the package. (3) Any information stating, implying or inferring that a pest control product is approved, accepted or recommended by the government or any department or agency thereof shall not appear on a package, label or in any advertisement relating to a pest control product. 22. A person who commits an offence under these Regulations for which no penalty is provided shall be liable on conviction to the penalty specified under section 12A of the Act. General penalty. 23. The Pest Control Products (Labelling, Advertising and Packaging) Regulations, 2024, are revoked. Revocation. L.N. No. 99 of 2024. Kenya Subsidiary Legislation, 2024 3501 SCHEDULES FIRST SCHEDULE (r.5(3),6(4),8(3),14) LABELLING REQUIREMENTS 1. COMMERCIAL LABEL The following is the information that must appear and how it should appear on the display panels. (a) Principal Display Panel (i) -Trade name of the products Its physical form Purpose of use (ii) Statement “READ THE LABEL BEFORE USING” Must appear prominently in capital letters. (iii) Statement “KEEP LOCKED OUT OF REACH OF CHILDREN” to appear prominently in capital letters. (iv) A photo of at least one pest controlled by the product. (v) Class designation – must appear in capital letters as follows: RESTRICTED CLASS COMMERCIAL AND AGRICULTURAL CLASS DOMESTIC CLASS Basis of classification must be on the criteria as prescribed in the Act. (vi) “GUARANTEE” Statement as prescribed in the Act (vii) Mode of action and icon (viii) Nature and degree of hazard inherent in the pest control product and shown by a precautionary, hazard symbol and signal words as per the Globally harmonized system of classification and labelling of chemicals (GHS) (ix) Toll free number (x) REGISTRATION NO. PCPB(CR), PCPB(TCR) and PCPB(ECR) to appear prominently and distinct (xi) Net content (xii) Date of Manufacture (xiii) Shelf life in original unopened container. No Maximum or Minimum shelf life period should appear (xiv) AAK Logo and membership Number may appear on the label. (xv) Batch Number. (xvi) Pictograms and Colour Codes as per FAO 2015 labelling guidelines. Kenya Subsidiary Legislation, 2024 3502 b) Secondary Display Panel (i) Brief description of product; this may include the chemical group, mode of action and icon, and area of use. (ii) Directions of use that must include dosage rate in amount of formulation per unit area/volume, the spray volume and amount in ml or g/L. (iii) Hazards statements as per GHS. (iv) Precautionary statements respecting handling, storage, and procedures to alleviate the hazards. (v) Decontamination procedures (vi) Disposal of product and empty containers (vii) Significant hazards to things the product is to be used, public health, plants, animals and environment and how to alleviate such hazards. (viii) FIRST AID INSTRUCTIONS – in capital letters. (ix) TOXICOLOGICAL INFORMATION/NOTICE TO DOCTOR. (x) NOTICE TO USER* - To appear as stated in the Labelling regulations. (xvii) Sellers Guarantee – To appear as stated in the Labelling regulations. (xviii) Name and address of Registrant/Manufacturer and Local Agent/ Distributor where applicable. 2. EXPERIMENTAL LABEL The label must accompany all samples for testing or research. The information should be clearly always typed and attached firmly to sample packages. The label should be in English and should have the following information. (a) Read the label before using (b) The statement “For experimental use only” (c) The statement “Not for sale” (d) The Trade name, brand, Trademark of product (e) Guarantee – active ingredient/agent. (f) Mode of action and icon (g) Statement “Keep locked out of reach of children and unauthorized persons”. (h) Hazard symbols, signal words & Hazard and Precautionary statement (i) Net contents (j) Name & Address of Manufacturer or Agent (k) Notice to user “This pest control product is to be used ….” as in the Act. (l) Disposal and decontamination methods (m) First Aid Measures and toxicological information Kenya Subsidiary Legislation, 2024 3503 Any other information necessary to ensure safe and effective use of product during testing or research. NB: Instead of direction of use – there should be Testing protocol and Safety Data Sheet (SDS) for the Testing Institutions. 3. LANGUAGE OF LABELS The Pest Control Products Labelling, Advertising and packaging regulations require that information on every label shall be printed in both English and Kiswahili languages. However, due to lack of enough space especially on the small packs and non-existence of appropriate or standardized Kiswahili translation of some scientific words, the label should be translated as follows, and the translations shall appear side by side on the label. I. PRINCIPAL PANEL a) Trade name of product and Physical form (formulation) English b) Purpose of product The translation of this should be simple e.g. insecticide = “kiuwa dudu”. A descriptive translation can be given on the secondary panel. English/ Kiswahili. c) KEEP LOCKED OUT OF THE REACH OF CHILDREN English/Kiswahili d) Class designation RESTRICTED COMMERCIAL & AGRICULTURAL, DOMESTIC English e) Hazard symbols and signal words as per GHS English/Kiswahili f) Toll free number In case of poisoning, call …………………………………….. Wakati wa dharura ya sumu piga simu nambari………………………………….. English/Kiswahili g) READ LABEL BEFORE USING English/Kiswahili h) GUARANTEE Common name of active ingredient English i) Content of active ingredient. English j) REGISTRATION No. English k) Net Content English l) Manufacture/formulation date English m) Shelf life (in original unopened containers) translated as “Maisha Rafuni” English/Kiswahili n) Batch No English o) AAK Logo and Membership No. English II. SECONDARY PANEL Kenya Subsidiary Legislation, 2024 3504 a) � Brief description of product � Directions for use � Significant hazards respecting handling, storage and how to alleviate the hazards. � Decontamination procedures � Disposal of product & empty containers. � Significant hazards to things products to be used, public health, animals, plants or environment and how to alleviate the hazards. � First aid instructions as (“maelezo ya huduma ya kwanza”) English/Kiswahili b) � Toxicological information � Antidotes & remedial measures Symptoms of poisoning � Ingredients that may affect treatment � Notice to doctor � Note: Although this entire section on Toxicological information will be in English, a finishing line in Kiswahili should be added to read: PELEKA MJERUHI KWA DAKTARI. English c) NOTICE TO USER 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. ILANI KWA MTUMIAJI Dawa hii sharti itumiwe kulingana na maagizo yaliyo kwenye kibandiko. Ni hatia chini ya sheria za madawa ya kuangamiza wadudu waharibifu kutumia au kuhifadhi dawa hii katika hali isiyo salama. English/Kiswahili d) SELLER’S GUARANTEE (WARRANTY) Seller’s 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. English /Kiswahili Kenya Subsidiary Legislation, 2024 3505 THIBITISHO Dhamana ya muuzaji ni maelezo yaliyo kwenye kibandiko ambayo ni lazima yafuatwe kikamilifu. Mnunuzi lazima akubali hatari zozote zinazoweza kutokana na matumizi ya dawa hii kwa binadamu au mali na lazima aikubali dawa hii katika hali hiyo. e) Name and Address of Registrant, Manufacturer, Agent distributor English 4. PICTOGRAMS AND COLOUR CODES 1. Pictograms and colour codes shall be included on the primary panel in all labels. 2. Pictograms so included must relate to the nature and degree of hazards of the product as per GHS. 3. Minimum size of pictograms shall be 7mm x 7 mm. 4. Storage and wash after use pictograms must appear in every label. 5. Starting from the center, the activity pictogram shall precede followed by advice pictograms boxed together e.g. mixing followed by relevant pictograms. 6. The hazard symbol and word shall be symmetrically placed within the toxicity colour band, separating storage and mixing pictograms from spraying, washing and others if necessary. 7. Face shield shall be used instead of eye goggles, overalls sleeves worn over gumboots other than sleeves tucked inside boots and running water instead of basin water. 8. Colour codes shall be used to band the pictograms on all labels and the colour so used shall relate to the toxicity of the product as per the FAO 2015 labelling guideline— (a) Red –GHS Category 1 & 2 (b) Yellow GHS category 3 (c) Blue GHS Category 4 and 5 9. The colour used in the colour band shall not be used as a background colour on the label. 5. SMALL PACK LABELS (a) Glass packages should be avoided for pesticides unless there is no alternative. (b) Leaflets and brochures should be used if all the information cannot fit onto the package. (c) The print size should be at least size 7. (d) The brochure or leaflet must be firmly attached to the package. Kenya Subsidiary Legislation, 2024 3506 (e) Where the label information is in brochure/leaflet, the display panel should contain the words in capital letters, “READ THE ATTACHED BROCHURE OR LEAFLET BEFORE USE” prominently displayed. Information to appear on the categories of Pack sizes is summarized here below; 1. 100ml or 100 g – 500ml or 500g (a) All the information from the primary panel should be on the package. (b) Statement: “Read the label and the attached brochure before use”. (c) All the information from the secondary panel should be on leaflet or brochure attached to packages. 2. Below 100g or 100 ml The package should have; (a) Name of product and formulation (b) Guarantee (c) Registration No. (d) Net Content (e) Read the label and the attached brochure before use (f) Keep locked out of reach of children (g) Hazard symbol and signal words The rest of the label information should be on the leaflet or brochure. Kenya Subsidiary Legislation, 2024 3507 Kenya Subsidiary Legislation, 2024 3508 Kenya Subsidiary Legislation, 2024 3509 SECOND SCHEDULE (r.6(2)(b), 6(4) CLASSIFICATION OF PEST CONTROL PRODUCTS 1. Restricted Class 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 any of the following properties— (a) acute oral LD50 is less than 50 mg/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. 2. Commercial and Agricultural Class 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 greater than 50 mg/kg body weight; (b) acute dermal LD50 is greater than 100 mg/kg body weight; (c) environmental effects possible in limited regions. 3. Domestic Class 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 product 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. Kenya Subsidiary Legislation, 2024 3510 THIRD SCHEDULE (r.6 (2)c, 6(4)) HAZARD SYMBOLS AND SIGNAL WORDS: Hazard Class Hazard Category Symbol Signal word Flammable gases 1 DANGER/HATARI 2 No symbol WARNING/ILANI Aerosols 1 DANGER/HATARI 2 DANGER/HATARI 3 No symbol WARNING/ILANI Gases under pressure WARNING/ILANI Flammable liquids 1 and 2 DANGER/HATARI Kenya Subsidiary Legislation, 2024 3511 3 WARNING/ILANI 4 No symbol WARNING/ILANI Flammable solids 1 DANGER/HATARI 2 WARNING/ILANI Substances and Mixtures which, in Contact with Water, Emit Flammable Gases 1 and 2 DANGER/HATARI 3 WARNING/ILANI Corrosive to metals 1 WARNING/ILANI Kenya Subsidiary Legislation, 2024 3512 Acute oral toxicity 1, 2 and 3 DANGER/HATARI 4 WARNING/ILANI 5 No symbol WARNING/ILANI Acute dermal toxicity 1, 2 and 3 DANGER/HATARI 4 WARNING/ILANI 5 No symbol WARNING/ILANI Acute inhalation toxicity 1, 2 and 3 DANGER/HATARI 4 WARNING/ILANI Kenya Subsidiary Legislation, 2024 3513 5 No symbol WARNING/ILANI Skin corrosion/irrit ation 1 DANGER/HATARI 2 WARNING/ILANI 3 No symbol WARNING/ILANI Serious Eye damage /Eye irritation 1 DANGER/HATARI 2A WARNING/ILANI 2B No symbol WARNING/ILANI Skin sensitization 1 WARNING/ILANI Specific organ toxicity Following single exposure 1 DANGER/HATARI Kenya Subsidiary Legislation, 2024 3514 2 WARNING/ILANI 3 WARNING/ILANI Specific organ toxicity Following single exposure 1 DANGER/HATARI 2 WARNING/ILANI Acute aquatic toxicity 1 WARNING/ILANI 2 and 2 No symbol No signal word Made on the 18th November, 2024. ANDREW KARANJA, Cabinet Secretary for Agriculture and Livestock Development. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI