Roles of NEMA with regard to regulation of pesticides and toxic substances


1. Receive applications for pesticide registration (EMCA Section 97.1);
2. register a pesticide or toxic substance subject to such existing conditions and any other conditions that NEMA may determine (EMCA Section 97.1);
3. Every pesticide or toxic substance shall be registered for ten years unless some other period is specified by NEMA, and may be renewed for a like period (EMCA Section 97.2);
4. Where NEMA refuses to register any pesticide or toxic substance, the notice of refusal shall state the reasons for such refusal (EMCA Section 97.3);
5. Seize any pesticide or toxic substance which NEMA reasonably suspects to be the subject matter of an offence under EMCA Cap 387 (EMCA Section 99.1);
6. Serve a notice of seizure on the owner of the pesticide or toxic substance as soon as practicable (EMCA Section 99.2);.
7. Where any pesticide or toxic substance is seized, the pesticide or toxic substance shall be placed under the custody of NEMA (EMCA Section 99.3);
8. Any pesticide or toxic substance placed under the custody of NEMA shall be released, if after six months—

(a) no prosecution under EMCA Cap 387 has been instituted with regard to the pesticide or toxic substance (EMCA Section 99.4a);
(b) no person is convicted of an offence under EMCA Cap 387 (EMCA Section 99.4b).

Question

What are the deliverables by NEMA regarding management of pesticides in Kenya?