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: [email protected], [email protected]
Web: ww.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