Africa Regulatory News

On 11 December 2023, five East African countries (Burundi, Kenya, Rwanda, Tanzania, and Uganda) notified the World Trade Organization (WTO) of Draft East African Standards for 10 fertilisers. The noti...

On 11 December 2023, five East African countries (Burundi, Kenya, Rwanda, Tanzania, and Uganda) notified the World Trade Organization (WTO) of Draft East African Standards for 10 fertilisers. The notifications are open for comments for 60 days from the date of notification.

East African Standards

East African Standards (EAS) are developed by the East African Standards Committee (EASC) to harmonise quality requirements for products and services in the East African Community. The aim is to remove trade barriers within the Community through harmonised standardisation.

East African Standards are developed by technical committees that are representative of key stakeholders including government, academia, consumer groups, the private sector, and other interested parties. East African Standards are subject to review, to keep pace with technological advances. Users of the East African Standards are therefore expected to ensure that they always have the latest versions of the standards they are implementing.

Included fertilisers

The draft East African Standards for the 10 fertilisers and biofertilisers are listed in the table below. The purpose of the standards is to protect human and animal health and safety and protection of the environment; to reduce trade barriers; to reduce costs and increase productivity; to prevent deceptive practices and to protect consumers.

Content of the draft standards

The draft standards contain information on the following:

• General requirements (form and particle size)

• Specific requirements (content and test methods)

• Contaminants (limits and test methods for heavy metals)

• Packaging  

• Labelling (in accordance with ISO 7409 in English and/or any other official language of the country of destination).

• Sampling

The non-governmental organization (NGO) Zero Mercury Working Group (ZMWG) has conducted a market monitoring of skin lightening products sold online and found that toxic mercury cosmetics are still bei...

The non-governmental organization (NGO) Zero Mercury Working Group (ZMWG) has conducted a market monitoring of skin lightening products sold online and found that toxic mercury cosmetics are still being marketed as a ‘solution’ for dark skin. The ZMWG is urging the negotiators at the Fifth Conference of the Parties (COP5) to the Minamata Convention to address the enforcement gaps and implementation failures related to mercury-containing cosmetics. 

African proposal 

In May 2023, Botswana, and Burkina Faso on behalf of the African Parties to the Minamata Convention, proposed an amendment to eliminate the use of mercury in cosmetics, removing the current 1ppm threshold for mercury in cosmetics and phasing out the substance completely by 2025. Mercury is used in products such as skin lightening products (SLPs) which are predominantly used by people of colour to obtain lighter skin. The text of the proposal can be found here.

The African amendment seeks to strengthen the Minamata Convention provision by: 

• Banning the production and sale of all ‘mercury-added’ cosmetics, not just those containing more than 1 ppm of mercury.  

• Restricting the trade of ‘mercury-added’ SLPs, including sales, offers for sale, marketing, advertising, and display. 

• Coordinating inter-ministerial, bilateral, and/or regional strategies to phase-out mercury SLPs  

• Increasing public awareness regarding the risks associated with mercury SLPs. 

Report by Zero Mercury Working Group 

On 12 October 2023, the NGO Zero Mercury Working Group (ZMWG) released its report on ‘Online Marketing of Toxic Skin Lighteners’. In the report they state that they have found mercury levels ranging from 1.18 ppm to 74,800 ppm in 191 out of 213 SLPs purchased from online platforms.  

The report highlights the current lack of adequate measures to stop the production and online sale of mercury-added SLPs. Online platforms, continue to avoid their duty to stop unethical sellers from advertising, marketing and selling illegal SLPs. 

Based on information from the packaging of these products ZMWG said that most of these products are manufactured or distributed from Pakistan (34 %), Thailand (17%) and China (13%) and sold on various online platforms such as Amazon, eBay, Shopee, and Flipkart 

In addition, ZMWG has highlighted some other issues with the information on the packaging of SLPs: 

1. The information on the packaging is often inaccurate and misleading information. 

2. Mercury-added SLPs that did not list mercury as an ingredient  

3. Country of origin is not always listed. 

4. Obscure name of manufacturer 

5. Web links that lead to unsafe or unrelated webpages. 

6. Phone numbers that do not connect to the manufacturer. 

In November 2022, the East African Standards Committee (EASC)  released a Draft East African Standard (DEAS 1114:2022) that specifies the requirements, sampling, and test methods for insecticidal aer...

In November 2022, the East African Standards Committee (EASC)  released a Draft East African Standard (DEAS 1114:2022) that specifies the requirements, sampling, and test methods for insecticidal aerosols. This draft aims to categorize a standard for insecticides and pesticides as per ISO (International Organization for Standardization) and IEC (International Electrotechnical Commission) standards. The Draft Standard covers the following countries in East Africa: Burundi, Kenya, Tanzania, Rwanda, and Uganda.

In keeping with the standards, the insecticidal aerosol needs to fulfill the following requirements:

• The final formulation of the insecticidal aerosol will be in solution or emulsion form of insecticides with the required number of propellants, deodorants, and other ingredients.
• The aerosol must be a non-staining and light-colored liquid without any obnoxious odor while spraying.
• The essential active ingredients will be pyrethrin or artificial pyrethroids with low mammalian toxicity with some other effective pest management product with low residual impact and without unacceptable risks posed to mammals subjected to non-stop inhalation of that product.
• The active ingredient used in the aerosol must be approved by the responsible national authority.

• All the active components used for formulation must be compatible, and the solvents or other diluents shall be inert.

• The insecticidal aerosol must not contain CFCs (chlorofluorocarbon).

Specific Requirements for insecticidal aerosol shall abide by obligations stipulated in Tables 1 and 2 when tested by the method prescribed therein. Annex A to F can be found in the DEAS 1114:2022.

Table 1: Biological efficacy of insecticidal aerosol

 Table 2: Other specific requirements for Insecticidal aerosol

The active ingredient content shall be declared on the labels and comply with the tolerance limits in Table 3.

Table 3 — Tolerance limits

The insecticidal aerosols must be packed in closed containers for quality protection. The nozzle of the aerosol

 must be packed in the following way:  

1. 1. 1. Protected against puncturing/activation with a cap or seal manufactured from a suitable material that does not react with the product
      2. Hermetically sealed at the bottom
      3. Equipped with a discharge button or spray cap
      4. The materials used for the valve and button shall be inert.

While labeling aerosol each package shall be decipherable and indelibly labeled in English or other official languages. The name of the product must be mentioned as “insecticidal aerosol” with all proper indications like “used for flying insects or crawling insects”. Other basic information like the name,  common name of active ingredients with their percentage, manufacturer name, net content, batch number, and other essential details should be properly mentioned on the label. Special indications like safety signs and hazard pictograms, and flammability categories must be indicated. Before moving into the market, the insecticidal aerosol must complete all the quality checks.

South Africa has adopted a modified version of the United Nations' Globally Harmonized System (GHS) for classifying and labeling chemicals in its industrial sector. The Regulation comes into fo...

South Africa has adopted a modified version of the United Nations' Globally Harmonized System (GHS) for classifying and labeling chemicals in its industrial sector.

The Regulation comes into force on 29 September 2022. Companies have 18 months to meet the new requirements. From September 2022 onwards, manufacturers and importers of hazardous chemicals will be required to comply with the requisites silhouetted in the Regulation of Hazardous Chemical agents (RHCA)

On 29 March 2021, the Department of Labor published a regulation that is part of South Africa's umbrella legislation on worker safety—the Occupational Health and Safety Act 1995. The update to this law comes as its twentieth-anniversary approaches.

The GHS establishes requirements for classifying and labeling chemicals, including providing safety data sheets (SDSs) to accompany each shipment of a chemical. However, it does not apply in cases where the hazardous properties are less than those classified under section 4 of Schedule 1

The UN Globally Harmonized System Revision 8, South Africa's firsthand regulation that oversees GHS, is the ground rule for the Regulation of Hazardous Chemical agents. This regulation aligns with the UN Globally Harmonized System Revision 8.

It also requires employers to:

• Train all employees on properly using hazardous chemicals and safety practices, comprehending conditioning them to understand GHS labels, signs, and SDSs.
• Furnish the applicable personal protective equipment (PPE) to employees
• Perform air monitoring to check for exposure to substances in the workplace, ensuring that they don't exceed a specified threshold.

The GHS only details requirements for the industrial sector. However, South African departments responsible for agriculture, transport, and consumer health have announced that they will also implement it in those areas.

Violating the regulation is an offense that can lead to imprisonment or fines.

Nonetheless, the regulation does not require the classification of certain types of hazardous materials:

• Explosives – all categories,
• Extremely toxic (oral, dermal contact, inhalation), category 5
• Skin irritation, category 3
• Eye damage/eye irritation, category 2B
• Hazardous to the aquatic environment short-term (acute), category 2 and 3
• Category 3 and category 4 substances that are dangerous to the environment if allowed to enter water supplies

The latest update of the Pest Control Products Bill, 2022 was published in Kenya in April 2022. It represents an urgent update to the existing Kenyan pesticide regulation. After various analyses, i...

The latest update of the Pest Control Products Bill, 2022 was published in Kenya in April 2022. It represents an urgent update to the existing Kenyan pesticide regulation.

After various analyses, it has been found that Kenya was exporting food and other kinds of products containing pesticide residues above the maximum allowable levels. The study was conducted by renowned organization Kenya Organic Agriculture Network. During their study, they found an excess level of acephate in some samples of tomatoes that were collected from Kirinyaga County. Acephate is an endocrine disruptor that possibly has some carcinogenic and neurotoxicant effects.

If the proposal is amended, Kenya will have to promote Good Agricultural Practices (GAPs), as per the Food and Agriculture Organization (FAO).  The main aim of GAPs is to improve the quality, safety, and sustainability of food and agricultural products and at the same time maintain environmental, economic, and social sustainability.

The function of the pesticidal regulation is to set a limit for the residue allowed in foods or animal feeds i.e., Maximum Residual Limit (MRL) as per international standards. The government of Kenya has put a limitation on the active ingredient only, which has heavy curtailment on other jurisdictions and halts adaptation of GAPs.

In short, the pesticide legislation in Kenya does not provide the legal basis for urgent and comprehensive action against the negative effects of these harmful chemicals’ environment. Therefore, the Kenyan authorities must fast-track the passage of the proposed Pest Control Product Bill, 2022 and implement GAP as soon as possible.

The International Council of Chemical Associations (ICCA) has announced a new four-year pilot project between four African countries. These four African countries, Cote d’Ivoire, Ghana, Kenya, and...

The International Council of Chemical Associations (ICCA) has announced a new four-year pilot project between four African countries. These four African countries, Cote d’Ivoire, Ghana, Kenya, and Nigeria collaborated to start a project that will improve their chemicals management and more specifically, improve their national implementation of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

Launched on April 4, 2022, this project is a collaboration between the European Union, the Strategic Approach to International Chemicals Management (SAICM), the International Council of Chemical Associations (ICCA), UN Environment Programme (UNEP), the European Chemicals Agency (ECHA), and the UN Institute for Training and Research (UNITAR), who will all work as partners with each concerned country’s government.

The implementation of GHS is a long process that needs several years to be put in place and the next four years will be used for this pilot project. According to Marco Mensink, the Council Secretary of ICCA, the pilot project will test and evaluate the benefits of a long-term approach in supporting countries through the implementation and adoption process.

The key activities of the project include setting the legislation for GHS implementation, required training and guidance as well as the needed tools for implementation. In Africa, only three countries have implemented GHS so far and these countries are Mauritius, South Africa, and Zambia.

Also, Rwanda recently started the process to implement GHS. A notification of the draft standard was sent to WTO and the feedback was opened till March 17, 2022. The draft first edition can be viewed here.

Two Non-Governmental Organizations conducted tests on toys and other consumer products found on sale in African and Arab countries. A report published on May 24, 2022, shows that the tests discovered ...

Two Non-Governmental Organizations conducted tests on toys and other consumer products found on sale in African and Arab countries. A report published on May 24, 2022, shows that the tests discovered about 20% of the sampled products contain high levels of toxic flame retardant chemicals and brominated dioxins, including substances that are banned under international agreements.

The concerned products that tested positive for the highest concentrations of brominated flame retardants (BFRs), brominated dioxins, and other toxic chemicals include:

1. Toys; a toy car and two other toys purchased in Jordan and a toy purchased in Ethiopia
2. A kitchen knife, purchased in Tunisia
3. Office supply: a cup for pencils purchased in Tanzania
4. Hair accessories; two purchased in Morocco and three purchased in Kenya

According to the Association de l'EducationEnvironnementale pour les Futures Générations (AEEFG), studies have shown that these chemicals cause cancer, infertility, and harm to children’s brain development among other serious health problems. Knowing that plastics can destroy the circular economy, there is a need for stricter POPs limits in the world. Some other tests were also done, all of which confirmed the existence of toxic substances in the products. All the tested products are made from recycled plastics and are present in 11 countries across the two regions. The 11 countries include Burkina Faso, Cameroon, Egypt, Ethiopia, Gabon, Jordan, Kenya, Morocco, Syria, Tanzania, and Tunisia.

There is currently no limit for BFRs content in products and waste in African and Arab countries. There is however an urgent need to set a regulating limit in place.

IPEN and Arnika together with eleven other organizations produced this study and their recommendations include:

1. To apply stricter low POPs Content Levels (LPCLs) to waste; this will prevent the flow of e-waste and End-of-Life Vehicles (ELVs) plastic into the new products that are made from recycled plastics.
2. To ban e-waste and ELVs plastics that contain a high level of toxic flame retardants from the recycling chain.
3. To stop listing BFRs as individual substances and make them a class under the Stockholm Convention. Listing them individually will keep putting human health at risk.
4. To add brominated dioxins to the list of unintentionally produced POPs that are regulated by the Stockholm Convention.