The Pest Control Products Bill, 2025
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Pest Control Products Authority Established
Establishes the Pest Control Products Authority (Clause 6) as a body corporate headquartered in Nairobi. Governed by a representative board (Clause 9), the Authority will be responsible for:
- Evaluating and registering pest control products before commercial use.
- Advising on maximum residue limits and environmental risks.
- Superintending the disposal of obsolete or expired pesticides.
Strict Registration and Licensing Mandates
Requires all individuals intending to manufacture, formulate, sell, or import pest control products to register each product with the Registrar (Clause 27). Additionally:
- No premises may be used for chemical manufacture, storage, or distribution without a specific certificate issued by the Authority (Clause 49).
- Certificates are non-transferable and lapse annually on December 31st (Clause 51).
- Certified agro-dealers must declare their stocks of obsolete and expired pesticides to the Authority by December 31st of every year (Clause 45).
Heavy Penalties for Counterfeiting and Unregistered Sales
The bill establishes severe criminal penalties to deter unauthorized and fake chemicals:
- Counterfeiting and Adulteration: Any person who adulterates, counterfeits, or offers counterfeit pest control products for sale commits an offence carrying a fine of KSh 2 million to KSh 10 million (or five times the value of the counterfeit product), imprisonment for up to seven years, or both (Clause 38).
- Selling Unregistered Products: Selling or using unregistered pesticides is punishable by a fine of up to KSh 1 million, up to two years' imprisonment, or both (Clause 33).
Mandatory Health and Environmental Incident Reporting
Introduces a mandatory duty on dealers and users to report any adverse health or environmental incidents associated with pesticide use to the Authority (Clause 67). Causing imminent death, bodily injury, or environmental harm through improper storage, transport, or handling of these products carries a fine of up to KSh 500,000, imprisonment for up to two years, or both.
Bill No.
National Assembly Bills No. 48 of 2025
Gazette No.
Supplement No. 184 of 2025
Sponsor
Kimani Ichung'wa
Background
The Pest Control Products Bill, 2025 modernises Kenya's pesticide regulatory framework by repealing the outdated Pest Control Products Act (Cap. 346). The bill introduces modern risk assessment mechanisms, aligned with international standards such as the Rotterdam Convention, to protect human health and ecological systems from chemical hazards.
Key Amendments
- Pest Control Products Authority (Part II): Establishes a centralized regulator to oversee the entire lifecycle of pest control substances, from manufacturing and importation to transportation and environmental disposal.
- Registrar of Pest Control Products (Clause 26): Designates the Managing Director of the Authority as the Registrar responsible for maintaining the database of all registered products in Kenya.
- Classification of Products (Clause 28): The Registrar will formally classify pesticides as severely restricted, restricted, commercial and agricultural, or domestic depending on toxicity levels.
New Obligations
- Premises Certification (Clause 48 & 49): Businesses must secure a valid certificate for any premises used to manufacture, package, store, or sell pest control products. These certificates include manufacturing, formulator, distributor, and retail certificates.
- Online Marketing Restrictions (Clause 49(2)): No person may offer, advertise, or market pest control products online unless both the seller and the products are certified and registered by the Authority.
- Annual Obsolete Stock Reporting (Clause 45): Certified agro-dealers must submit a full declaration of obsolete and expired chemical stocks in their possession by December 31st annually.
Penalties
- Importing Unregistered Products (Clause 40(6)): Attracts a fine between KSh 1 million and KSh 5 million, imprisonment for up to two years, or both.
- Counterfeiting (Clause 38): Minimum fine of KSh 2 million and a maximum of KSh 10 million (or five times the value of the counterfeited products) and/or up to seven years' imprisonment.
- Providing False Information (Clause 34): Presenting false or misleading data regarding product registration yields a fine of up to KSh 50,000 or up to six months' imprisonment.
- Inadequacies in Handling/Transport (Clause 44(2)): Non-compliance with safety regulations during transit is subject to a fine of up to KSh 50,000 or up to six months' imprisonment.
Transitional Provisions
- Repeal of Cap. 346 (Clause 71): The previous Pest Control Products Act is officially repealed.
- Existing Licences (Clause 72): All licenses, permits, and certificates active prior to the enactment of this bill remain valid until their natural expiry date, after which they must be renewed under the new regulations.
- Staff and Asset Transfer (Second Schedule): Assets, liabilities, and ongoing legal proceedings of the former Pest Control Products Board transfer to the new Authority. Former employees are deemed seconded to the Authority for an initial period of 12 months, during which they may choose to join permanently.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.