The National Biosafety Authority has issued new regulations for the importation and marketing of genetically modified animal feeds.
These guidelines are particularly relevant for GM products that have already been approved in other countries.
NBA acting chief executive officer Nehemiah Ngetich said the regulations apply to such imports, and decisions on importation will be made within 30 days if the request falls under Section 28 of the Biosafety Act.
“For other cases, the process may take between 90 to 150 days. Applications must be submitted through the e-citizen platform,” he said.
In 2012, Kenya imposed a ban on the importation of GMOs through a Cabinet memo due to concerns over their safety and environmental impact.
The ban was later lifted in 2022 allowing the importation of GMOs for animal feed and the cultivation of genetically modified crops, particularly Bt maize, aimed at addressing food security and pest resistance challenges.
According to the Biosafety Act, both the importation and market placement of GM products require separate approvals.
Registration for importation is priced at Sh30,000 annually, with an additional Sh25,000 for the importation permit.
Companies are also required to pay between Sh10,000 and Sh30,000 annually for GMO labelling, depending on their turnover.
Ngetich said the Biosafety Act mandates written approval from the authority for both importation and placement of GM products on the market.
Section 20 of the Act specifies that no one may import a genetically modified organism without this approval.
Section 21 further prohibits the placement of GMOs on the market without a written approval from the authority.
He said the procedures for applying to import GM
products are outlined in two separate regulations: the
Biosafety (Environmental Release) Regulations, 2011,
which cover market placement applications, and the
Biosafety (Import, Export & Transit) Regulations, 2011,
which govern importation applications.
“The applicant is required to complete and submit an online application for market placement of GMOs and derived products at a cost of Sh850,000. The decision is made within 30 days. If approved, the market placement approval is valid for up to 10 years and exclusive to the applicant. If rejected, the applicant is informed of the reasons,” Ngetich said.
“Once market placement approval is granted, the applicant can then submit an application to import the GM animal feed for a fee of Sh25,000,” he added.
Regarding the handling of GM products in Kenya, Ngetich said the applicant must ensure the GM products intended for importation are rendered unviable through milling or processing to prevent propagation.
“This may take place either at the country of origin or at the port of entry, or at other NBA-approved premises, prior to being released to the market,” he said.
He added that millers and operators must implement internal quality controls to properly segregate GM and non-GM products throughout the milling and handling processes.
“Additionally, GM products must be packaged and labelled in accordance with the Biosafety (Labelling) Regulation, 2012, and NBA guidelines,” Ngetich said.
