NEMA orders companies dealing with toxic chemicals to register or face penalties
The regulations came into effect through Kenya Gazette Supplement No. 199 on November 4, 2024, and apply to the manufacture, import, export, distribution, transport, storage, handling, and disposal of these substances.
All individuals and entities dealing with toxic and hazardous industrial chemicals have been directed to register before engaging in any related activities. National Environment Management Authority (NEMA) warned that non-compliance is an offence under CAP 387 and its regulations.
The Authority noted that the directive aligns with the Environment Management and Coordination (Management of Toxic and Hazardous Chemicals and Materials) Regulations, established under the Environmental Management and Coordination Act (CAP 387).
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The regulations came into effect through Kenya Gazette Supplement No. 199 on November 4, 2024, and apply to the manufacture, import, export, distribution, transport, storage, handling, and disposal of these substances.
“The public is notified that a person who intends to import, export, manufacture, distribute, or supply toxic and hazardous industrial chemicals or materials shall apply for its registration,” NEMA said in a notice.
According to the gazette notice, any person involved in the manufacture, import, or export of toxic and hazardous chemicals must obtain a licence from NEMA.
Applicants must submit their requests in a form as outlined in the Eighth Schedule, along with the prescribed fee specified in the Fifteenth Schedule. Upon approval, NEMA will issue a licence.
If an application is rejected, the authority will communicate the decision in writing within 30 days, providing reasons for the refusal. In cases where there is a change in ownership or name of a licensed entity, both the current and new owners must jointly notify NEMA in writing. A Certificate of Transfer of Licence will then be issued.
Once the transfer is approved, the previous owner will no longer be responsible for any future liabilities or obligations.
Additionally, anyone seeking to import or export toxic and hazardous chemicals must obtain a permit from NEMA. The application must be submitted and accompanied by the required fee.
NEMA will process applications within 21 working days and may either approve or reject them, depending on the consent provided by the relevant authority of the exporting or importing country under the prior informed consent procedure.
The authority also requires those transporting such chemicals through Kenya to apply for a permit. The application must include a copy of the prior informed consent from the importing country, where applicable, and a refundable deposit bond.
The notice highlights that NEMA has the power to cancel or suspend any permit or licence if the holder violates the conditions set out in the regulations, provides false or misleading information, or if new safety concerns arise regarding the chemical or material in question.
A public register containing all licences and permits issued under the regulations will be maintained and made accessible for inspection during working hours.
Further, entities involved in the storage, distribution, or transportation of toxic and hazardous chemicals must also ensure they are accompanied by a material safety data sheet. Manufacturers and storage facility operators are also required to conduct annual environmental audits and workplace monitoring to safeguard the health and safety of workers, as per the Occupational Safety and Health Act.
Aerial spraying of toxic and hazardous chemicals is prohibited without an environmental impact assessment licence from NEMA.
Additionally, manufacturers, importers, and distributors of products containing toxic chemicals must ensure that banned substances are not present and that restricted chemicals do not exceed the maximum concentration allowed under Kenyan Standards.
The Authority said information on the registration process and requirements is available on NEMA’s website under the ‘Chemicals Management Regulations’ section.
NEMA reiterated that handling these chemicals without proper registration constitutes an offence under CAP 387 and its applicable regulations.
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