MECHANISMS FOR REGULATING GM IMPORTS

IN AFRICA

THE CASE OF KENYA

by

ABED KAGUNDU MATHAGU

KEPHIS – KENYA

P.O. Box 49592 Nairobi 00100

Tel: +254 20 3536171/2

Fax: +254 20 3536175

Email: akagundu@kephis.org, director@kephis.org

Web: ww.kephis.org

mailto:akagundu@kephis.orgmailto:director@kephis.org

Overview

1. Structure of regulatory Environment

2. Background/Perspective

3. Status of GM crops in the Country

4. Regulatory options and Capacity

5. Activities undertaken in Kenya

6. Conclusions and Recommendations

Structure of regulatory Environment

• Institutional Biosafety Committee (IBC).

• National Biosafety Committee (NBC).

• Initiatives to develop guidelines with support of

Program for Biosafety Systems and UNEP-GEF

• All regulatory agencies also have guidelines for

different stages of monitoring.

Structure of regulatory Environment Contd..

• Ministry of Agriculture - BioAware to create

awareness

• Technical Committee of the Bureau of standards to

develop National and International Standards

and guidelines.

• A Food Safety Co-ordination Committee was

launched on the 19th of June 2007.

• The Kenya Standing Technical Committee on

Imports and Export.

• A National Policy on Biotechnology approved by

Cabinet in 2006

• The Biosafety Act was gazetted in February 2009

Regulatory options• Mechanisms exist for regulation of conventional

plant products including phytosanitary, customs measures and food quality control.

• A guideline published by the NBC is used for monitoring trials and making applications for research

• International standards: Codex Plant Guideline, ISPM No.11 of the IPPC and the Cartagena Protocol on Biosafety.

• An effective control and monitoring system at the points of entry is a major tool for risk assessment of GM products.

Phytosanitary inspections

Seed field inspections

Seed germination and purity testing

Evaluation of new plant varieties

Screening for plant pest and disease Soil, water and agrochemical analysis

Overview of KEPHIS

BORDERS OF KENYA

Status of GM crops in Kenya

•Use of GM technology in Kenya is officially at trial level.

• The Biosafety Act creates a mechanism for commercialisation and release to environment.

• The country handles plant products destined also for the eastern and central African region.

•Relief food and imports are from sources that already have approved GM products

Country Border control point Classification

Sudan 1. Narus/Nadapal- Lokichogio Oficial control

2. Todenyang – Kalem No oficial control

Ethiopia 3. Banya No oficial control

4. Sabarel No oficial control

5. North Horr – Mega No oficial control

6. Moyale - Negelle-Dubluk Oficial control

7. Banisa No oficial control

8. Ramu No oficial control

9. Mandera – Filtu- Dolo olo Oficial control

Somalia 10. El Wak – El Bern Hagia No oficial control

11. Wajir Oficial control

12. Dif

13. Liboi – Bilia Qooqaani Oficial control

14. Kolbio – Buur Gaabo No oficial control

15. kaambooni No oficial control

16. Hulugho Oficial Control

Tanzania Mariakani No oficial control

17. Taveta Oficial control

18. Loitokitok Oficial control

19. Namanga Oficial control

Entry Control

20. Lk. Natron water way No oficial control

21. Narok No oficial control

22. Isebania (Migori – Musoma) Oficial control

23. Tarakea Oficial control

Uganda 24. Homabay water way No oficial control

25. Kisumu Port Oficial control

26. Busia Oficia l control

27. Malaba Oficial control

28. Mbale No oficial control

29. Lwakhakha Oficial control

30. Suam Oficial control

31. Kitale – Mbale No oficial control

32. Mt. Elgon Mbale No oficial control

33. Kakuma - Kaabong No oficial control

Indian Ocean 34. Pato island No oficial control

35. Manda Island No oficial control

36. Lamu archipelago Oficial control

37. Garsen - Ungama bay No oficial control

38. Tana river passage way No oficial control

39. Malindi No oficial control

40. Kilifi No oficial control

41. Mombasa sea port Oficial control

Airports 42. JKIA Oficial control

43. Moi airport Mombasa Oficial control

44. Wilson airport Official control

45. Eldoret airport Official control

46. Kisumu airport Offici al control

47. Lokichogio airport Official control

Source : www.un.org/cartographic maps republic of Kenya

Entry Control contd. .

Possible Introduction through entry points

• Imports

• Relief supplies to conflict and disaster areas.

• Transhipment

• Unofficial entry?

Relief Commodity Imports into Kenya in 2005 - 2007

Commodity Weight (M/Ts) 2005 - 2006 2006 - 2007

Yellow maize 40,568 14,018.1

Corn soya blend 680 72,64.4

Yellow split peas 18,263 87,17.8

Sorghum 84,570 10,110

Beans 542 681

Corn meal 15,174 14,817

Wheat and Wheat flour 7,280 1,956 Pea flour 87.9

Lentils 12,767 94.5

Assorted foodstuff 9,675 0

Total 189,519 57,746.7

Source: KEPHIS Annual report 2006

Global Area of Biotech Crops and sources of imports

Rank Country Area (million ha)

Biotech Crops Of which exported to Kenya

1* USA 54.6 Soybean, maize, cotton, canola, squash, papaya, alfalfa

Soybean, maize, cotton, papaya, alfalfa

2* Argentina 18.0 Soybean, maize, cotton Soybean, maize

3* Brazil 11.5 Soybean, cotton None

4* Canada 6.1 Canola, maize, soybean None

5* India 3.8 Cotton None

6* China 3.5 Cotton Cotton

7* Paraguay 2.0 Soybean None

8* South Africa 1.4 Maize, soybean, cotton Maize,

9* Uruguay 0.4 Soybean, maize None

10* Philippines 0.2 Maize None

11* Australia 0.2 Cotton None

12* Romania 0.1 Soybean None

13* Mexico 0.1 Cotton, soybean None

14* Spain 0.1 Maize None

16 France

Cross border trade• Rampant between Uganda, Tanzania and

Kenya.

• Trade with Somalia, Sudan and Ethiopia is slowed by conflicts.

• Cross border trade in grain and other food products is documented along almost all border routes, including: –Southern Sudan/Northern Kenya and –Southern Ethiopia/ Northern Kenya, –Southern Somalia/Northern Kenya

Possible risk through Kenya-Ethiopia trade

• The Kenya-Ethiopia border includes two road

crossings: at Moyale and Mandera.

• Both sides of the border are predominately

pastoralist.

• Ethiopia’s occasional surpluses of rice, maize,

beans and Wheat pass to Moyale, an important

commercial center for Kenya, Ethiopia and Somalia.

• There is no commercial GMO reported on crops in

both Ethiopia and Somalia and it is logical to

conclude that the risk of contamination with GM

plant material from this end is very low or not there.

Southern Sudan-Kenya trade

• Cross-border food linkage is picking up slowly after a return to relative calm in Southern Sudan

• No commercial GM crops are available in Sudan and the risk of imports of GM products is low. However relief food moves between Kakuma township at Lokichogio airway to southern Sudan.

Uganda-Kenya trade

• Maize, beans, bananas, and oilseeds are the main primary agricultural commodities traded

• Kenya’s major agricultural exports to Uganda include processed goods, such as wheat flour, cooking oil and sugar. These may not necessarily entirely originate from Kenya.

• Four major border points handle trade in crop commodities: Busia, Malaba, Suam, and Lwakhakha.

• A number of small ports along Lake Victoria also move foodstuffs in both directions.

• Commercialization of GM products near or along the frontiers will lead to exchange of material between the two neighbors.

Somalia-Kenya trade

• Trade includes rice, pasta, sorghum, and food aid maize. Very little agricultural production takes place in the Northeast Province of Kenya.

• Food supplies for Kenyan pastoralists either moves from other parts of Kenya, or come across the border from Somalia.

• Food from refugee camps along the borders often finds its way in to Somalia and major towns in the Northeast Province of Kenya.

• This is however a considerably low risk area concerning possible introduction of GM products.

Tanzania-Kenya trade• Maize, rice, and beans are the main staple foods

traded. Others include rice, root crops, and sugar.

• Sources of grain through Tanzania may be as far as Malawi and Zambia

• Wheat flour and sugar remain the major agricultural commodities imported by Tanzania from Kenya.

• Main border points: Horohoro, Taveta, Rombo, Loitokitok, Namanga, Lake Victoria and Sirari/Isebania.

• Tanzania is a port country and consignments entering Kenya need not originate from there.

• Therefore the entry points are of significance and the risk of entry is considered high.

Trade with rest of Africa

• Trade with the rest of Africa and the World:– Sea port of Mombasa or – Through the airports.

• Other consignments:– May come in through Tanzanian port of Dar

es Salaam

• Movement of commodities across the northern region bordering Ethiopia, Sudan and Somalia is not expected.

Commodities from the rest of the world

• More than 539 approvals have been granted for 107 events for 21 crops.

• The most popular event:– Herbicide tolerant soybean event GTS-40-3-2 with

21 approvals (EU=25 counted as 1 approval),– Insect resistant maize (MON 810) and – Herbicide tolerant maize (NK603) both with 18

approvals, – Insect resistant cotton (MON 531/757/1076) with

16 approvals worldwide.

• Imports have been received from at least 6 of the 22 countries.

• Imports are recorded from USA, Argentina, China, South Africa, Germany and France that have commercialised GM crops.

Capacity at entry points International and National Instruments

They complement existing regulations for conventional products.

Now there is a specific law on Biosafety.

Import policy on GM

Although Kenya is not necessarily permissive it also does not prevent

advancement in GM research and development.

Filling of Import/Export Documents

The following documents are relevant regulatory decisions:

Certificate of origin, Phytosanitary certificate, Commercial invoice,

Customs forms for entry/export, Import permit or Import

commission/declaration form, Standards certificate, Treatment

documents/certificates, Manifest (including bills of lading, invoice).

Training

A number of training sessions have been conducted in Biosafety in

Plant biotechnology by various interest groups.

Detection equipment and tools

Being able to detect a GMO is an important part of safety assessment, as without detection methods the traceability of GMOs would rely solely on documentation.

MethodsRapid detection Kits• A number of these kits are available to

regulators for detection of known proteins such as Bt

Polymerase chain reaction (PCR)• Laboratory equipped with PCR machines and

equipment • No specific laboratories exist for GM detection at

the entry points but a mechanism of delivering samples exists for the regulators.

Level of co-ordination among regulators

• GM regulation is spread across Ministries, departments and Regulatory agencies.

• There are up to 22 legislations cutting across these sectors.

• A food Safety Coordination Committee was launched on 20th June 2006.

• Proposals are under implementation to make entry points a one clearance systems.

• Agencies include, Public Health, KEPHIS, Bureau of Standards (KeBS), Customs Department, Department of Veterinary Services (DVS) and Pest Control Products Board

Some activities undertaken so farInstitution GMOs developed (organism/trait); Status

KARI Partnering with: CIMMYT Monsanto Syngenta

Transgenic Maize (Cry 1Ab-Syngenta, Cr 1Ab MON 810)

Confined field trial and contained trial resp.

Sweet potato with virus coat protein-engineered resistance to featherly mottle virus

Confined field trial

Cassava with resistance to cassava Mosiac virus

Confined field trial

Cotton (Cry 1Ac & Cry 2Ab2) Confined field trial

Kenyatta University Various local transformation research including drought tolerance in maize and striga resistance in sorghum

Contained research

BECA – Biosciences East and Central Africa

Transformation laboratory under construction

Contained research

ICIPE Cry 1Ab Bt cowpea – baseline data studies on-going

Contained research

Jomo Kenyatta University of Agriculture and Technology

Research on below-ground effects of Cry 1Ab

Contained research

Conclusions and Recommendations• Threat of movement of unapproved GM events through

official and unofficial entry points is real.

• Although capacity for testing exists, there is lowcoordination among regulatory agencies.

• Only one major testing laboratory exists even though there is mention of private laboratories. This calls for more capacity building and setting up enhanced rapid detection mechanisms at the entry points.

• Information consolidated and shared with trading partners on GM decisions and activities including posting on the Biosafety Clearing House.

Encourage Contingency plans

THANK YOU

ACKNOWLEDGEMENT

•UNIDO

•BeCA

•Prof. Bruno Mezzetti

•Dr. Magnus Bosse