Pest Control Products (Inspection and Certification) Regulations, Legal Notice no. 100 of 2024

17 57Kenya Subsidiary Legislation, 2024 LEGAL Not ice No . 100 THE PEST CONTROL PRODUCTS ACT (Cap. 346) THE PEST CONTROL PRODUCTS (INSPECTION AND CERTIFICATION) REGULATIONS, 2024 ARRANGEMENT OF REGULATIONS Regulation 1—Citation . 2—Interpretation. 3—Object of the Regulations. 4—Sample collection. 5—Certification of premises and businesses handling pest control products. 6—Provisional certif icates. 7—Issuance of a premises certif icate, and construction of manufacturing, formulating, packaging and storing premises. 9—Protection of workers and operators. 8—L ayout 10—Quality assurance of pest control products, for distributors and retailers of pest control11 — Requirements products. 12—Qualifications for operating a pest control product b u si ness . 13—D i stribution . 14- Restricted Class 1 pest control products for fumigation purposes. 15—Seizure of non-complying pest control products. 16 Register of premises and commercial spray service providers. 17 — R ec or d s . 18 —Suspension of a certificate. 19—Cancel lation of a certi f icate. 20—General penalty . 2 1—Revocation . SCHEDULE: FORM S 1758 Kenya Subsidiary Legislation, 2024 THE PEST CONTROL PRODUCTS ACT (Cap. 346; /- ̂ ERCISE of the powers conferred by section 15 of the Pest Control Pr̂ ucts Act, the Cabinet Secretary for Agriculture and Livestock Development, aft er consultation with the Pest Control Products Board, makes the following Regulations— THE PEST CONTROL PRODUCTS (INSPECTION AND CERTIFICATION) REGULATIONS, 2024 These Regulations may be cited as the Pest Control Pr od uc ts Ci tation. (Inspection and Certification) Regulations, 2024. 2. In these Regulations, unless the context otherwise requires— Interpretation. 1 . .̂ gro dealer” means a person who sells, supplies, transports o r deals in agriculture inputs including seed, fertilizer, stock remedies agrochemicals, animal feed and pest control products; “banned pest control product” means a pest control product where all uses have been prohibited by final regulatory action; “business handling pest control products” means a manufacturing plant formulation plant, warehouse, retail outlet, digital marketplacean online market store; “cholinesterase level” means amount of the enzyme that helps passing of iri essages in the nervous system; “dispensing premises' products are sold; “disposal” means any operation to recycle, neutralize destroy or isolate pest control product waste, used container or co n t am i n ated I i l &ld l m , o r a store and shop where pest controlm e a n s efficacy” means effectiveness of a pest control pi oduct against atarget pest; Restncted Class 1 product” means a product that has potenti al to cause unacceptable adverse effects to the environment and peoplewithout added precautions; and ̂ “restricted pest control product’ whose specific use is allowed. a' Regulations is to provide for the Object of the procedure for inspection and certification of pest control products and Regulations, premises to ensure quality of pest control products an d of pest control products. means a pest control product proper storage (2) Without prejudice to the generality of sub-regulation (1) , theobject of these Regulations is to provide for the— (a) sampling of pest control products for quality monitoring; (b) requirements for certification of business businesses handling pest control products; premises and 17 5 9Kenya Subsidiary Legislation, 2024 (c) minimum academic qualif ications for persons operating a pest control product business; (d) procedure of seizure of non-compliant pest control products; and (e) conditions for the suspension or cancellation of a cer t i f i c ate issued under these Regulations. 4. (1) An inspector appointed under section 8 of the Act may Sample collection, col lect samples of a pest control product from an agro-dealer o r u ser f o r analysis by the Board for quality control . (2) The inspector shall provide the following information to t he Board in respect of samples col lected under sub-regulation (1) — (a) a description of the pest control product; (b) a code of the sample; (c) the location of the sample product; (d) the date of collection of the sample; (e) the name and contacts of the agro-dealer or user; an d (f) the test required for the samples. (3) An inspector shall record the particulars of the sample of the pest control product collected ur^ er sub-regulation ( I ) in Form A as set o u t i n t he Sch ed u le . (4) The samples collected under sub-regulation (1) sh al l be delivered to the Board’s laboratory for analysis and shal l be recorded in Form B as set out i n in the Schedu le . (5) Upon analysis, the analyst shall issue a Certificate o f analysis in Form C as set out in the Schedtrfe . 5. ( I ) A person who intends to use any premises or, being the Certifi cation of owner or occupier thereof , permits the premises to be used for purposes 3“̂ business™*** of manufacturing, formulating, packaging, sel ling or storing pest handling pest control products shall apply to the Board for a certificate for the eontrol products. p r em i ses . (2) An application for a premises certif icate shall b e i n F o r m D set out in the Schedule and shall be accompanied by— (a) the prescribed fees; and (b) the registration certificate of the business. (3) The Board may request an appUcant for a premises cer t i f i c ate to supply additional information relevant to the issuance o f th e c er t i f i c ate . Prov i sio nal cer t i fi cate . 6. (1) The Board may issue an applicant for a premises certif icate under regulation 5 with a provisional certificate pending the inspection required under regulation 7. Kenya Subsidiary Legislation, 2024176 0 (2) The certificate issued under sub-regulation (1) sh al l b e i n Form E l as set out in the Schedule. (3) A provisional certificate shall be valid for a period not exceeding three months. 7. (1) The Board shall issue the applicant with a Premises Certi f icate in Form E2 as set out in the Schedule if sat i sf i ed t h at th e — (a) application contains the requisite information required under these Regulations; (b) applicant has paid the prescribed fees; and (c) the premises were inspected for compliance with t he requirements set out in the Act and in Form F set out i n th e Sch ed u l e . (2) Where the Board does not approve an application f o r a certificate under these Regulations, the Board shall , w i th i n f ou r teen days of the decision, give reasons to the applicant in wri ting. (3) The Certificate issued under sub-regulation (1) shal l expire on the 31st December fol lowing the date of issue. (4) A certif icate holder who does not renew the certif icate by 31st January of the current year shall be liable for a penalty of ten per centum of the outstanding amount due the previous year. 8. (1) A person intending to use any place or premises f o r th e manufacturing, formulating, packaging or storing of pest control products shall ensure that the place or premises— I ssuance of a premises cert i f ic ate . L ayout and co nst ruct io n o f manufacturing, formulating, packaging and storing premises (a) is of suitable design, layout and construction including permanent walling, concreate floor, enough lighting and aerati on ; (b) has sufficient space for the placement of equipment and storage of materials; (c) has separate areas, either by physical partition, l o c at i o n o r other effective means, for those operations which do n o t require workers to be exposed to pest control products; an d (d) where applicable, has a certificate of compliance w i th t he provisions of the Occupational Safety and Health Act. (2) The Board shall issue the applicant with a premise c er t i f i c ate if the applicant satisfies the requirements under regulation 7 . Cap . 236A . (3) The Premises Certif icate shal l be in Form E2 set o u t i n th e Sch ed u l e . 9. A person who owns, operates or is in charge of premises used for the manufacturing, formulating, packaging, d i st r i b u t i o n storing of pest control products shall ensure that— Pro tect i on of worker and, oper ato r s. o r 17 6 1Kenya Subsidiary Legislation, 2024 (a) the personnel working in the premises wear protective clothing; (b) the premises are well supplied with first-aid facilities t o t h e satisfaction of the Board to cater for accidental poisoning; (c) the general health of the persons working in the premises is catered f or ; (d) operators in formulation facilities, large stores, and large commercial farms are subjected to periodical medical ch eck ups including cholinesterase levels; and (e) the premise is in compliance with the requirements o f th e Occupational Safety and Health Act. 10. A person who owns, operates or is in charge of premises used for the manufacturing, formulating, packaging, d i str i b u t i o n o r storing of pest control products shall ensure that— (a) the pest control products in the premises are registered by the Board and are of the approved quality; and (b) no person in the premises manufactures, repacks, stock s, or sells counterfeit, expired, unregistered, smuggled an d improperly packed pest control products. 11. A person who owns, operates or is in charge of premises dealing with pest control products shall— Cap. 286A . Qual ity assurance of pest control products. Requirements for d i str ibu to r s and retai lers of pest control products. (a) ensure that the products are packaged and well l abel l ed ; (b) have adequate knowledge of efficacy, uses and handling precautions of all pest control products within the premises in accordance with the provisions of the Act and Regulations; (c) provide adequate water and general cleanliness t o f ac i l i t ate safe dispensing of the products; (d) ensure physical separation of pest control products st o r e s f r om f oo d st or es ; (e) maintain stock records for the pest control products i n t h e premises for a period of five years; (f) have appropriate pest control products waste disposal facilities to safeguard human health and environment; an d (g) have the relevant qualification and a photograph of qualif ied operating within the premises conspicuouslyp er so n s displayed in the premises. 12. (1) A person who owns, operates or is in charge of a pest Qualifications for formulating plant shall possess the business. control product manufacturing or fol lowing qualif ications — Kenya Subsidiary Legislation, 2024 (a) bachelor of science degree in chemistry or related for conventional pest control products; (b) bachelor of science degree in biological sciences; o r (c) bachelor of science degree in agriculture or related sc iences for biopesticides. (2) A person who is in charge of packaging and repacking of pest control products shall have a diploma in chemistry or related sci ences, (3) A person who is in charge of storage and use of pest control products shall have a certificate in agriculture or related sciences. (4) A person who operates or is in charge of retail o u t l et s o r distribution of pest control products shall have a cer ti f i cate i n agriculture, animal health or related science. (5) A person who operates or is in charge of spray service of pest control products shal l have — (a) a certif icate in agriculture, animal health or related sciences; an d (b) attended spray service providers training organized by the Board or any other institution recognized by Board. (6) A person who is in charge of pest control service shal l have — (a) a certificate in agriculture, animal health or related science; 17 62 s c i e n c e s an d (b) attended a pest control operator training organized by the Board or any other institution recognized by the Board. 13. (1) A person shall not distribute a pest control product that is not registered under the Act . D istr i but ion . (2) The distribution of a pest control product under this regulation shall be in accordance with the conditions stipulated in the registration certificate including the— (a) specif ied restr ictions due environmental safety concerns; (b) area of use; and (c) registered uses of the pest control product. 14. (I) A person who handles, uses, distributes, transports deals in Restricted Class 1 pest control products for fumigation purposes shall apply to the Board for a certificate i n Form G as set out i n the Schedule. to toxicity . c o n s u m e r o r o r Restr icted Class 1 pest control products for fumigation p urpo ses . (2) The Board may issue the applicant with a certificate in Form H set out in the Schedule if satisfied that the application contains the information required under these Regulations. (3) A person who handles, uses, distributes, transports or deals in a Restricted Class 1 pest control products for fumigation without a certificate issued by the Board commits an of fence. p u rp o ses Kenya Subsidiary Legislation, 2024 17 6 3 15. ( 1) An inspector may seize any pest control product th at do es not comply with the requirements under the Act and these Regulations. (2) The inspector shal l take an inventory of the pest c on t r o l product seized under sub-regulation (1) in Form I as set o u t i n t h e Sch edu l e . Sei zure of non complying pest control products. 16. (1) The Board shall maintain a register of certified premises and businesses deal ing with pest control products and cer t i f i ed commercial spray service prov iders. (2) The Board shall give access to the register to the publ ic in ac cor d an ce w i th t h e A c cess to I n f o r m at i o n A c t . 17. A person i ssued with a certif icate under these Regulations sh al l m ai n tai n r eco r d s i n F o r m J as set o u t i n th e Sch ed u l e . 18. (1) The Board may suspend a certif icate i ssued u nd er th ese Regulations for a period not exceeding six months, i f sat i sf i ed t h at — (a) the holder , an employee or the holder ’s agent has c o m m i tted a breach of any of the conditions of the permit ; (b) the holder , an employee or the holder ’s agent has contravened the provisions of these Regulations; or (c) the holder , an employee or the holder ’ s agent has f ai l ed to maintain records required under regulation 17. (2) Before suspending a certif icate under sub-regulation (1) , the Board shall give the certi ficate holder a twenty-eight days’ notice to show cause why the permit should not be suspended. (3) The Board may li f t the suspension of a certif icate under th i s regulation if satisf ied that the certif icate holder has compl ied with the terms and conditions upon which the suspension was m ade . (4) If the breach contemplated under sub-regulation (1) poses serious danger to human heal th or the environment , the Board may cancel the certif icate summari ly . 19. (1) The Board may cancel a certif icate issued under t h e se Regulations if satisf ied that the— (a) certificate holder , employee or agent has contravened th e provisions of these Regulations; or (b) certif icate holder , employee or agent has been c on v i c ted o f an offence under these Regulations; or (c) certif icate holder , employee or agent has breached t he condi tions of the certi f icate; or (d) production, use, storage or sale of the pest control products presents an imminent danger to publ ic health, the en v i r o n m en t o r n atu r al r eso u r ces . (2) Before cancell ing the certi f icate under sub-regulation ( 1) , the Board shall give the certif icate holder a twenty-eight days’ notice to Register of premises and commerciai spray service prov iders. Cap . 7M . R ecords. Suspension of a cer ti f i cate . C a n c e l l a t i o n o f a cer ti f i cate . Kenya Subsidiary Legislation, 202417 64 show cause why the certif icate should not be cancelled and th e B o ar d 's d ec i si o n i n th e m at ter sh al l b e f i n al . 20. A person who commits an offence under these Regulations General penal ty , for which no penalty is provided shal l be l iable on c o n v i c t i on t o t h e penalty speci f ied under section 12A of the A ct. 21. The Pest Control Products (L icensing of Premises) Regulations are revoked. R ev ocati on . Sub-Leg. 17 6 5Kenya Subsidiary Legislation, 2024 SCH ED U L E (rr. 4(3), (4), (5), 5(2), 6(2), 7(1), 8(3), 14(1), (2), 15(2), 17) FORM S THE PEST CONTROL PRODUCTS ACT (Cap . 346) PEST CONTROL PRODUCTS BOARD FORM A PEST CONTROL PRODUCTS BOARD SAMPLE COLLECTION FORM i) Product Details (r .4(3) T r ade n am e P C P B N o Active ingredient (s) No. of samples D ate of m anuf acture Sample code Test required B usiness N am e A d dr ess Pr o du ct o w n er . ... Concentrat ion B atch N o .Expiry Date L o cat i o n E -m ai l T el Sampled by: N am e D ate. .. . Signature Signature .D ateN am e D ateSignatureIssued by 176 6 Kenya Subsidiary Legislation, 2024 THE PEST CONTROL PRODUCTS ACT (Cap . 346; THE PEST CONTROL PRODUCTS BOARD F O R M B LABORATORY SAMPLE RECEIPT FORM Product D etai l s (r .4(4) T rade nam e Active ingredient (s) Sample size Expiry Date Sampled by Concentration Date of manufacture No. of samples Su bm i ssi o n det ai l s D ate Cl i ent ’ s N ame A d d ress E -m ai l T el D ate Submitted by .. .Signature D el i very det ai l s Charges (Ksh) N am e Signature D ate L ab Code N o . Cl i ent ’s code B atch N o . Source of sample NB. Samples submitted to the laboratory become property o f P C PB . 17 67Kenya Subsidiary Legislation, 2024 T H E PEST CON TRO L PROD U CT S A CT (Cap . 346) T H E PE ST CON T ROL PR OD U CT S B OA RD F O R M C (r .4(5) PC PB R E F : D ate CERT I FICA T E OF A N A L Y SI S Date analyzed:1. Lab . Sample No: D ate r ec e i v ed : 2 . C lient N ame and address 3. Product sampled and submitted to the laboratory by: 4. Description of sample,: 5.Analysis Requested .... 6 . M an u f ac tu r e D a te : 7. Results of analysis ’" A’ .Expiry Date: Cone, as per AnalysisCone, as per the l ab el B atch N o .C l i ent i d en t i f i c at i o n C o d e A cti ve (s) ingredient 8. L aboratory comments: Name of Analyst , Signature Kenya Subsidiary Legislation, 202417 6 8 T H E PE ST CON TR OL PR OD U CT S A CT (Cap . 346) PE ST CON T ROL PROD U CT S B OA RD F O R M D A PPL I CA T I ON FOR A CERT I FICA TE (r .5(2)) The Chief Executive Officer/Secretary Pest Control Products B oard Loresho-off waiyaki way P.O. Box 13794-00800, N ai r ob i 1. Name and address of applicant (s) 2. Name and address of person, firm or company to be i ssued w i th certi f i cate Telephone 3. Full names of partners and/or directors (where applicable) 4. Type of business for which a certificate is required 6 . Plot N 0 ./L .R .N 0 . 7. Physical Location 8 . T ow n /m arket •E m ai l R o ad / Str eet County 9. Name and qualifications of the person under whom operation/trading will be undertaken (A ttach evidence D ate For Official Use Only Fee paid Receipt Number •Signature of applicant D ate Signature of receiving Officer 1769 ,, 'Kenya Subsidiary Legislation, 2024 THE PEST CONTROL PRODUCTS ACT (Cap . 346) THE PEST CONTROL PRODUCTS BOARD {r .7(2))F O R M E l PR OV I SI ON A L CERT I FI CA T E CERT IFI CA TE N OR E C E I PT N O This certif icate i s granted to Type of business Pl o t N O./L R N o . Si tu ated at InspectorChief Executive Off icer/Secretary D ate o f i ssu e (a) This certificate is not transferable to any other person without the approval of the B o ar d (b) This certificate is valid for three months from d ate o f i ssu e This provisional certif icate is only applicable to existing premises/ businesses previously certifi ed by PCPB ̂ A This certifi cate can be revoked on non-compliance I # 'f (: Kenya Subsidiary Legislation, 202417 70 THE PEST CONTROL PRODUCTS ACT (Cap . 346) THE PEST CONTROL PRODUCTS BOARD F O R M E 2 (r .7(l ), r8(3)) RECEI PT N O C E R T I F I C A T E N O This certificate is granted to Type of business Plot N O./L R N o Si tu ated at Chief Executive Officer/Secretary Inspector D ate (a) This certificate is not transferable to any other person without the approval of t h e B o ar d (b) This certificate expires 31st December 177 1Kenya Subsidiary Legislation, 2024 T H E PE ST C O N T R O L PR O D U C T S A C T (Cap . 346j PE ST C O N T R O L PR O D U C T S B O A R D (r .7(l }(c})F O R M E PR E M I SE S I N SPE C T I O N R E P O R T A. Inspection of Premises During inspection of Pest control Products Premises, the fol lowing I tems shall be exam ined and comments m ade i n order that the correct action can be taken with regard to Certification. A copy of the Inspection report shall be left wi th the owner or person in charge of the premise. The original shall be returned to th e Pest C o n tr o l Pr od u ct s B o ard Name and Address of Appl icant/ Business 1 . Type of Business 2 . Physical Location of Premises 3 . L .R. No. / Plot No, 4 . F ees P ai d 5 . Receipt No. B . Specifi c Requirements I N SPE C T O R ’ S R E C O M M E N D A T I O N T O O W N E R I T E M C O M P L I A N C E W I T H REQUIREM ENTS PH Y SI C A L F A C I L I T I E S Y E S N O Suitable design, layout and co n st r uc t i o n f o r m anu f ac tu res: evidence of compliance to Occupational Safety A nd Health A ct Suff icient space for free movement of personnel , products and equipment Kenya Subsidiary Legislation, 2024M i l C O M PL I A N C E W I T H REQUIREM ENTS I N SPE C T O R ’ S R E C O M M E N D A T I O N T O O W N E R I T E M Floors- Smooth & impermeable Adequate Venti l ation/A eration al l o w f r ee m o v em en t o f ai r G en er al c l ean l i n ess PR O T E C T I O N W O R K E R S F O R Separate areas for workers who are not handl ing pesticides Su i t ab l e P er so n al Pr o tec t i v e clothing Adequate First A id measures Appropriate Fire extinguisher A dequate running water within premises Pesticides risks register and r ec o r d s o f i n c i den ces/o cc u r ren ce for manufacturers and large scale u s e r s Peri odi c (6 m onths) medi cal assessment for personnel handl ing pesticides Compl iance with operational good manufacturing practices/Good A gricultural practices for M anufacturers large sc al e u ser s PR O T E C T I O N O F T H E P U B L I C A N D M A I N T E N A N C E O F PR O D U C T QUALITY Physical separation of pharmaceuticals and animal feeds from pesticides Proper Storage and stacking of products A l l products must be registered and label led as required by L aw A l l l ab el s sh o u l d sh o w d ate o f m anu f ac tu r e an d sh el f l i f e 17 7 3Kenya Subsidiary Legislation, 2024 I N SPECT OR ’S RECOM M EN D A T I ON T O O W N E R COM PL I A N CE W IT H REQUIREM ENTS I T E M Stock records kept Qualified operators for manufacturing, formulation/large scale use premi ses Qualified operator for store and dispensing premises/pest control operator s PROTECTION OE THE ENVIRONMENT Appropriate waste disposal mechanisms e.g saw dust , sand. so i l Suff icient banding of store-part of design Dustbin for disposal Pest control products eff luent deactivation system in place for manufacturers and large scale u s e r s C. General Recommendations I certify that I have inspected the premises described above and it is my considered opinion that a certificate should/should not be issued /withdrawn for the premises. The following defects should be rectified (Specify items by numbers). Signature of Inspector;1 . 2 . D ate N ame of I nspector : Signature of Inspector; D at e 3 . 4 . Name of Inspector; N O T E In case the Inspector’s report reveals defects in the fulfilment of the requirements by the Pest Control Products Act, and therefore a recommendation not to provide a certificate to the owner of the premise by copy of this report shall be allowed a period of 60 days to rectify the defects and comply with the law. He will be al lowed a further M days m which to re-apply for a certificate. If after a subsequent inspection the premise fails to meet the requirements, the business shall forthwith be closed and court actions taken m case of f urther def aul t . Kenya Subsidiary Legislation, 202417 74 THE PEST CONTROL PRODUCTS ACT (Cap . 346; PEST CONTROL PRODUCTS BOARD FORM G (r .l 4(l )} APPLICATION FOR CERTIFICATE TO DEAL IN PEST CONTROL PROD U CT S UNDER RESTRICTED CLA SS Name and address of applicant Status and address of applicant (Manufacturer, Agent, Registrant, Distributor, User) Name and address of registrant of pest control product Trade name. Formulation, Concentration Registration No Target pest/disease Package type Quanti ty Signature of applicant D ate Kenya Subsidiary Legislation, 2024 17 7 5 T H E PE ST C O N T R O L PR O D U C T S A C T (Cap . 346j T H E PE ST C O N T R O L PR O D U C T S B O A R D (r .l 4(2)) C E R T I F I C A T E T O D E A L I N PE ST C O N T R O L PR O D U C T S U N D E R R E ST R I C T E D C L A S S F O R M H This certif icate i s granteu lo To sel l/store/transport/use product Registration Number L .R . N O . . . D ate •At plot number Si tu ated Chief Executive Off icer/Secretary Pri n ce 3024 K ings 3040 D ah l i a 2 73 6 Kenya Subsidiary Legislation, 202417 7 6 T H E PE ST C ON TR OL PR OD U CT S A CT (Cap . 346; PE ST C O N T R O L PR O D U C T S B O A R D F O R M ! (r .l 5(2) I M P O U N D I N G F O R M Y ou r R ef : D ate : O u r R ef : RE : U N REGI ST ERED / SM U GGL ED/COU N T ERFEI T PEST CON TR OL PR O D U C T S/O PE R A T I N G W I T H O U T P R E M I SE S C E R T I F I C A T E The follow’ng Pest Control Products were found in your premises on to the provision of the Pest Control Act (Cap 346) and the regulations made thereunder . contrary 1 . 2 . 3 . By virtue of Sect 10(1), the undersigned Pest Control Products Board Inspectors hereby seize the above products pending prosecution. I N SPE C T O R S N A M E SI G N A T U R E D A T E C E R T I F I C A T E . I D N o . . Po si t i o n o f certify that the above products were found in my premise o n Signature ̂ M i lKenya Subsidiary Legislation, 2024 THE PEST CONTROL PRODUCTS ACT (Cap . 346) PEST CONTROL PRODUCTS BOARD F O R M ! PEST CONTROL PRODUCTS STOCK RECORDS FORM (r .l 7) N ame of the Prem i ses: ... L ocation of the Prem ises: B atc h N u m b er Quantity L i tres/kg T r ade n am e o f product supplied Supplier C ert i f i c ate N um b er / I denti f ication N um b er N am e and address of suppl ier D ate o f purchase N o M ade on the 22nd M ay , 2024. M I T H IK A L IN T U RI , Cabinet Secretary f or Agricuiiu. e and Livestock Development.