The National Biosafety Authority (NBA) has directed person or institution carrying out any activity involving genetically modified organisms (GMOs) to seek its approval first.
In a public notice, the Authority also gave three-month notice to person or institution with ongoing research to regularize their projects within 3 months from the date of this notice(1st October 2024).
Sector 18(1) of the Biosafety Act 2009 prohibits any person from conducting any activity involving GMOs without the written approval of the Authority. The activities include; research, placing on the market, import, transit or export of GMOs.
“This notice requires that any person or institution carrying out any of the above activities including in plants, animals , microorganisms and research in pharmaceuticals and vaccines should first see and obtain approval from the Authority and those with ongoing research to regularize their projects within 3 months from the date of this notice,” reads the statement by Chief Executive officer.
However, under section 3 of the Act, finished and approved pharmaceuticals products for human use which are or may be products of genetic modification, the statement said are exempted from this notice.
Kenya lifted a 10-year ban on cultivating and importing genetically modified (GM) crops in October 2022. According to the National Biosafety Authority (NBA), Kenya has approved 58 GMO projects – 40 for contained use in the laboratory or greenhouse, 15 for confined field trials, and three for environmental release or commercial cultivation.
The three that have been approved for commercial cultivation are Bt cotton, which was commercialized in January 2020; Bacillus thuringiensis (Bt) corn which was approved by NBA in October 2022 and is now awaiting submission to the National Variety Release Committee (NVRC); and virus-resistant cassava, which is undergoing National Performance Trials by the Kenya Plant Health Inspectorate Service (KEPHIS).
Meanwhile Kenyans handling genetically modified organisms (GMOs) will from today ( 1st October 2024) start to pay more for each consignment they process after the new rates took effect.
The Authority (NBA) will implement a new fee structure aimed at regulating the handling, distribution, and storage of GMO products across the country.
Under the new rules, every GMO consignment—defined as up to 40 metric tonnes of cargo—will attract a fee of Sh5,500 while cargo exceeding this weight will be charged per additional lot.
Meanwhile, those requiring GMO-Free Certificates or tests using lateral strips will incur an extra cost of Sh2,000 per sample, but only if requested.
This shift marks a significant change from the previous system, where fees were capped at a flat rate of Sh1,000, regardless of the consignment size.
Companies that handle GMOs in containment facilities will face an annual inspection fee of Sh10,000, plus transportation costs calculated based on automobile association rates.
In addition to fees per consignment, businesses involved in the wholesale or retail of GMO products will need to apply for an annual permit at Sh1,000.
However, for those actively distributing or selling GMO food, feed, and processed products, the yearly licensing cost will rise to Sh30,000.
Labeling requirements are also tightening. Companies wishing to use GMO-free stickers will be charged according to their annual turnover.
Firms with an annual turnover of over Sh10 million will pay Sh30,000, while those earning less than Sh1 million will be charged Sh10,000. NBA also introduced a facilitation fee of Sh10,000 for inspections of GMO records and applications.
Those businesses that prefer to keep some of their GMO-related information confidential, will have to apply for a proposal review at a cost of Sh20,000.
Authority is a state corporation in mandated to ensure safety to human and animal health and provide adequate protection of the environment from harmful effects that may result from genetically modified organisms (GMOs).
It regulates all activities involving GMOs in food, feed, research, industry, trade and environmental release and it fulfils its mandate by ensuring and assuring safe development, transfer, handling and use of GMOs in Kenya.
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