REGULATION & COMPLIANCE
Kenya is leading the way in the East African Union
Chemical Watch . Most notably , Kenya released the third version of its Draft Environmental Management & Coordination Bill in 2021 . A fourth is already undergoing technical review and is expected shortly . The current revision enables regulators to issue regulations relating to :
• Chemicals ( dispersants ) used in oil spills or pollution control whose toxic effects affect human health , aquatic or marine life and the environment
• Classification of toxic and hazardous chemicals and materials
• Registration of chemicals and materials
• Labelling , packaging , advertising , import , export , distribution storage , transport and handling of chemicals and materials
• Monitoring of the effect of chemicals and their residue on human health and the environment Under this bill , Nguyen said , users must keep records of chemicals used in an operation , including the name , quantity used and any information about risks to human health and the environment . They must not discharge hazardous waste into the environment and must monitor operational activities to mitigate or prevent detrimental impacts on human health or the environment . “ This is not like the registration scheme in the EU , it is not about ‘ Kenya REACH ’ or anything like that ,” he stressed . “ It is a pre-notification scheme , similar to what you see in the US under the PMN or in Europe under the PMPIN . The government also has the power to ask for extra data if what is submitted is not sufficient the hazards and risks .” There is a long list of further pending regulations in Kenya , Nguyen added , notably :
• Draft toxic and hazardous industrial chemicals and materials management regulations , which will include GHS implementation , a register for hazardous chemicals and an approval system
• Draft e-waste regulation , involving registration , reporting and a takeback programme
• Draft environmental management and co-ordination regulations for controlled substances as defined under the Montreal Protocol , requiring the registration and licensing of ozone-depleting substances and products containing them Other key things to look out for in Kenya in the medium term are led by coordination with different agencies on the environmental bill ; the publication of the subsidiary regulations and regulatory enforcement scheme related to it ; further work on a chemical inventory ; and , GHS implementation .
African amendments
Kenya is also part of the East African Community , which has draft standards for , among other things , cosmetics , wet wipes , packaging and paint . Among the more important are
• DEAS 377 : 2020 – A list of prohibited , restricted and permitted substances , with similar annexes to the EU Cosmetic Regulation
• DEAS 346 : 2021- Labelling of cosmetics ( 3rd edition )
• DEAS 1075:2021 – The draft standards for wet wipes , on which public consultation ended on
March and in which ingredients must comply with DEAS 377
• DEAS 1086 : 2021 – The draft standard for resin identification on plastic containers , on which public consultation also ended in March Draft standards on black bituminous paints for cold application , waterbased undercoats , etch primers and two-pack epoxy and epoxy zinc phosphate weldable primers . Kenya and Tanzania had already restricted lead to 90 ppm in paint products and chromium is now to be restricted Under DRS 491:2022 standard , which was notified to the WTO in January , Rwanda requires chemicals , both substances and mixtures , to be labelled based on the latest GHS revision . This excludes finished products that are medical or veterinary products , cosmetics , munitions or explosives , and pesticides . Other standards are also in place for disinfectants and organic pigments for paints . Uganda , meanwhile , has focused more on restricting phthalates in textiles and garments . Under Draft Uganda Standard DUS 1970-1:2021 , eight of them ( DEHP , BBP , DMEP , DIDP , DIHP , DHNUP and DNP ) are to be banned , including in coatings , laminates , plastisol printing , plastic accessories and membranes . Finally , under Ministerial Decree No . 221 / 2021 Egypt has mandated the use of Egyptian Standard ES 3570 for cosmetics . This is aligned with the EU Cosmetic Regulation and came into place on 14 December 2021 . Two more countries expected to bring their own chemical management bills , featuring registration and / or GHS implementation , are Ghana and Sierra Leone . •
Judy Jackson
EVENTS DIRECTOR - HEAD OF GLOBAL EVENTS
CHEMICAL WATCH k + 44 1743 818101 J judy . jackson @ chemicalwatch . com j www . chemicalwatch . com
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