Bill seeks to tighten controls over online sale of pesticides

DN Kimani Ichungwah 0301 b

National Assembly Majority Leader Kimani Ichung'wah. 

Photo credit: File | Nation Media Group

Digital marketplaces will have to police pesticide sales if a new Bill before the National Assembly is passed.

The Pest Control Products Bill, tabled by Majority Leader Kimani Ichung’wah, will require platforms to verify that every pesticide seller is certified and every product listed online is registered with a new proposed Authority.

The proposals target loopholes that have allowed uncertified dealers to exploit digital platforms.

“No person shall offer an online platform for the sale, advertisement, or marketing of pest control products unless that person ensures that persons using the platform are certified by the authority and the pest control products are registered by the Authority in accordance with this Act,” reads the Bill, which proposes a fine of up to Sh50,000, a imprisonment for up to six months or both as punishment.

Regulatory systems

The requirement means that digital marketplaces must now integrate verification systems capable of authenticating seller certification details and product registration status, significantly reshaping how online platforms manage agricultural chemical listings across Kenya.

Digital platforms will need to align their onboarding processes with regulatory systems to automatically validate product registration data, preventing uncertified individuals from listing unregistered pesticides within Kenya’s online marketplaces.

The draft law seeks to establish the Pest Control Products Authority, whose tasks will include registering products, licensing dealers, enforcing standards, and oversight across the pesticides ecosystem.

The authority will maintain national registers of certified dealers, approved products, licensed premises, and inspection outcomes, enhancing oversight and strengthening traceability across all pesticide transactions.

If enacted, the legislation will impose mandatory certification for pesticide handlers, including manufacturers, formulators, distributors, and retailers, , creating a uniform licensing structure to strengthen national control over pesticide handling.

County governments will get powers to inspect dealers and monitor pesticide movements, collaborating with national regulators to suppress illegal circulation.

Further, the Bill requires the listing of approved waste facilities, structured disposal procedures, and coordinated monitoring to prevent unsafe dumping of expired pesticides.

The new law will authorise scientific re-evaluation of pesticides, allowing regulators to restrict or withdraw products when new evidence shows unacceptable health risks, environmental harm, or failure of mitigation measures, introducing sweeping obligations that place compliance responsibilities directly on online platforms

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