MECHANISMS FOR REGULATING GM IMPORTS IN AFRICA THE CASE OF KENYA. by ABED KAGUNDU MATHAGU KEPHIS KENYA

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1 MECHANISMS FOR REGULATING GM IMPORTS IN AFRICA THE CASE OF KENYA by ABED KAGUNDU MATHAGU KEPHIS KENYA P.O. Box Nairobi Tel: /2 Fax: Web: ww.kephis.org

2 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

3 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.

4 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 19 th of June 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

5 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.

6 Overview of KEPHIS Phytosanitary inspections Seed field inspections Evaluation of new plant varieties Seed germination and purity testing Screening for plant pest and disease Soil, water and agrochemical analysis

7 BORDERS OF KENYA

8 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

9 Entry Control 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

10 Entry Control contd 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 : maps republic of Kenya

11 Possible Introduction through entry points Imports Relief supplies to conflict and disaster areas. Transhipment Unofficial entry?

12 Relief Commodity Imports into Kenya in Commodity Weight (M/Ts) Yellow maize 40,568 14,018.1 Corn soya blend ,64.4 Yellow split peas 18,263 87,17.8 Sorghum 84,570 10,110 Beans Corn meal 15,174 14,817 Wheat and Wheat flour 7,280 1,956 Pea flour 87.9 Lentils 12, Assorted foodstuff 9,675 0 Total 189,519 57,746.7 Source: KEPHIS Annual report 2006

13 Global Area of Biotech Crops and sources of imports Rank Country Area (million ha) 1* USA 54.6 Biotech Crops Soybean, maize, cotton, canola, squash, papaya, alfalfa Of which exported to Kenya 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 <0.1 Maize Maize 17 Germany <0.1 Maize Maize Source: Clive James, Last Column added by author Transshipments are not considered * 14 biotech mega-countries growing 50,000 hectares, or more, of biotech crops

14 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

15 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.

16 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.

17 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.

18 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.

19 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.

20 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.

21 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 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.

22 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.

23 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. 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. Methods Rapid detection Kits A number of these kits are available to regulators for detection of known proteins such as Bt

24 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 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

25 Some activities undertaken so far Institution GMOs developed (organism/trait); Status KARI Partnering with: CIMMYT Transgenic Maize (Cry 1Ab- Syngenta, Cr 1Ab MON 810) Confined field trial and contained trial resp. Monsanto Sweet potato with virus coat Confined field trial Syngenta protein-engineered resistance to featherly mottle virus Cassava with resistance to cassava Mosiac virus Confined field trial Kenyatta University BECA Biosciences East and Central Africa ICIPE Jomo Kenyatta University of Agriculture and Technology Cotton (Cry 1Ac & Cry 2Ab2) Various local transformation research including drought tolerance in maize and striga resistance in sorghum Transformation laboratory under construction Cry 1Ab Bt cowpea baseline data studies on-going Research on below-ground effects of Cry 1Ab Confined field trial Contained research Contained research Contained research Contained research

26 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 low coordination 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.

27 Encourage Contingency plans THANK YOU

28 ACKNOWLEDGEMENT UNIDO BeCA Prof. Bruno Mezzetti Dr. Magnus Bosse