Kenya environmental law: Regulation of pest control products

PEST CONTROL PRODUCTS ACT Cap 346
This Act regulates the import/export manufacture distribution and use of products which are used for the control of pests and of the organic function of plants and animals.  These are products used to control pest (pesticides) this is an Act that regulates the import/export and use of pesticides.  The Act establishes the Pest Control Products Board and makes it the function of the Board to register pest control products.  It requires that every person who desires to register a pest control product shall make an application to the Board.  The Board may refuse to register the product if its use would lead to unacceptable risk or harm to
1.   Things on or in relation to which the pest control product is intended to be used; or
2.   To public health, plants, animals or the environment.

CLASSIFICATION

The Act establishes 3 classes of pest control products

1.   A restricted class – a class of products which present significant environmental risks and these are products which are intended for use in aquatic and forestry situations; a good example was the Cyprus Trees being destroyed by aphid, spraying all the Cyprus trees would pose a problem to the environment since it was so widespread.
2.   Commercial Class – class with environmental effects which are limited to a specific region.
3.   Domestic Class – this is a class of products for which

(i)   No special precautions are required in use
(ii)  No equipment are required for inhalation hazard
(iii) No irreversible effects from repeated exposure.
(iv) Disposal of Containers can be safely done by placing it in the garbage bin; and
(v)  The package sizes are limited to amounts that can be safely used and stored by consumers.

The best examples are insecticides i.e. doom.

PACKAGING

The law requires that the package shall be sufficiently durable and be designed and manufactured to contain the product safely under practical conditions of storage, display and distribution.

LABELLING

The act of labelling requires that every pest control product which is sold or made available must have a label and the label must show the following 14 things.
1.   Name of the product;
2.   Information on the nature and degree of hazard inherent in it;
3.   Statement directing the user to read the label;
4.   The common name of the active ingredients;
5.   Contents of the active ingredient;  active ingredient has both a common and scientific name so that the buyer may know;
6.   Registration number of the product;
7.   Net content;
8.   Name and postal address of the registrant;
9.   Directions for use of the product;
10. Information on the hazardous of handling storage display, distribution and disposal of the product including instructions on procedures to alleviate the hazard, the contamination and disposal of the product and the empty package;
11. Information identifying any significant hazard to things on or in relation to which the product is intended to be used or to public health, plants, animals or the environment;
12. First aid instructions;
13. The toxicological information essential to the treatment of a person who is poisoned for example antidotes, symptoms of poisoning and the ingredient that may affect the treatment;
14. A notice that it is an offence to use or store the product under unsafe conditions.
15. Package should bear a cautionary symbol, the cautionary symbols are also standard there is a symbol for poison or danger, there is a symbol for corrosivity which is a test tube with a hand sticking inside and crossed out, symbol for in-flammability which is fire, a symbol for explosivity.
The Act also requires that the premises for manufacturing formulating, packaging selling or storing the product must be licensed.  The premises shall be of suitable design layout and construction to ensure the health of workers and to avoid contamination of the environment. The person who owns, operates or is in charge of the premises shall have adequate knowledge of the chemistry, toxicology, efficacy and general use of the product being dealt with and of the handling precautions of the products within the premises.