National Capacity Building for SPS Compliance; Challenges and Opportunities

Esther Kimani (PhD)GENERAL MANAGER-PHYTOSANITARY SERVICESKENYA PLANT HEALTH INSPECTORATE SERVICE

(KEPHIS)Website: www.kephis.org

Email: ekimani@kephis.org

Presentation made at the International Flower Focus on Sustainability for Growth. Visha Oshwal Centre. 6th June, 2013, Nairobi, Kenya

Introduction WTO-SPS Agreement KEPHIS KEPHIS Services Challenges Opportunities

Presentation Outline

The Kenyan Vision 2030 aims to achieve 10% economic growth rate

Agriculture recognized as a fundamental driver of growth

Tea and horticulture rank as the highest foreign exchange earners for the country

To be competitive, High quality agro inputs and produce

Standards provide guidelines for quality assurance SPS requirements are some of the standards that affect agricultural trade

Introduction

Global System for Agricultural Trade

WORLD TRADE ORGANIZATION

SPSSPS TBTTBT

OIEOIE CODEXCODEXIPPCIPPC

AGRICULTUREAGRICULTURE

WTO-SPS Agreement: SPS Measures

Measures are designed to protect:

◦Human/ animal life from risks arising from additives, contaminants, toxins, or disease causing organisms in food/feed

◦Human life from diseases carried by plants and animals

◦Animals and plant life from pests, diseases or disease causing organisms

Measures aim at preventing introduction and spread of pests and diseases

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Some reasons for SPS standards Consumers more aware on foodsafety issues Man has carried many worlds’ most serious

Pests across deserts and oceans. The role of man as a dispesal agent was recognized after experiencing serious disasters.

Some of the notable examples in plant include the following:

1845- Phytopthora infestans (late blight) on Irish potato from South America to Europe

1869-Hemileia vastatrix (coffee leaf rust) from Africa to Sri Lanka

1983- Prostephanus truncates (Lager grain borer) from South America to East Africa through maize imports

1989- Eichhornia crassipes (Water hyacinth) from South America.

1990- Cypress aphid

Department of Veterinary Service (DVS) Ministry of Health and Sanitation (Public

Health)/ KEBS Kenya Plant Health Inspectorate Service

Application of SPS in Kenya

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KEPHIS

KEPHIS is Kenya’s National Plant Protection Organization (NPPO)

A state corporation under MoA

Established under the State Corporations Act (Cap 446)

Commenced operations in Nov. 1997

Regulates agricultural sector through the application / enforcement of Sanitary and Phytosanitary (SPS) measures among others duties

Plant Variety Protection Seed CertificationPhytosanitary Services /quarantine Quality

Assurance – Ag InputsRegulation on GMOs/ biologicals ACL – Soil, Tissues,

Water, MRLsCertification of produce Inspection & Grading

KENYA PLANT HEALTH INSPECTORATE SERVICE

The Mandate of KEPHIS

“Sustaining and Safeguarding Agriculture, Food,Environment and Trade”

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International Standards Applied

International treaties/ conventions to which Kenya is a signatory that guide KEPHIS activities include:◦ The Union for the Protection of New Plant

Varieties of Plants (UPOV)◦ The International Seed Testing Association (ISTA)◦ Organization for Economic Cooperation and

Development (OECD) Seed Schemes.◦ FAO- International Plant Protection Convention

(IPPC)◦ CBD- Cartegena Protocol on Biosafety (CPD)◦ FAO / WHO- Codex Alimentarius Commission◦ WTO - Sanitary and Phytosanitary Agreement

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Legal Framework

The National legislations that provide the authority for KEPHIS operations includes but not limited to:

1. Cap 324- The Plant Protection Act2. Cap 325- The Suppression of Noxious Weeds Act 3. Cap 326- The Seeds and Plant Varieties Act4. Cap 319- The Agriculture Produce (Export) Act5. Others (The Fertilizer and Animal Foodstuffs Act,

Cap 345 and The Pest Control Products Act, Cap 346)

KEPHIS OFFICES

Participate in trade negotiations for Market Access

Provide information and conduct pest risk analysis

Laboratory services for testing commodities for compliance to phytosanitary and food safety requirements

Inspections for quality standards Facilitate access to quality agro inputs Undertake surveillance and provide early warning

services Import inspections and export certification

SPS Services at KEPHIS

Chemical Analytical Support

•Quality fertilizers/ pesticides •Pesticide residues on produce •Environmental testing The Analytical Chemistry Laboratory (ACL)

is accredited to ISO- 17025 by SANAS

Seed Certification

•Use of Quality seed maximize crop productivity1) Imported seed2) locally produced seedSeed Testing Laboratory is

Accredited (ISO 17025) by the International Seed Testing Association (ISTA)

Field Inspection

Variety Testing: Evaluation maize varietyVariety Testing: Evaluation Sunflower variety

Aim to protect

agriculture/environment

through prevention of

introduction and or

spread of quarantine

pests, diseases and

noxious weeds

Phytosanitary/ Plant Health Services

Plant protection/quarantine services

Plant clinics/ diagnostic labs

Oversight of National Biosafety

regulations

Phytosanitary inspection &

certification

Border control

Gather and Analyse Pest Risk Analysis

(PRA) information

Collaborate with KWS to facilitate exchange

of CITES plant materials

Flower grading

KEPHIS inspection critical here for market access and sustainability

.

Production Facility inspection

Use of check lists and specific crop / pest protocols for effective on-farm inspections- more critical for propagation materials

Pest Detection

•Prompt detection of Quarantine Pests at actively growing stage

•Enabling a flourishing export

Plants and plants products for all purposes (inc. flowers)

Storage facilities Packaging material Conveyances and

transport facilities Soil organic fertilizer

and related materials Travellers personal

effects

Organisms capable of harboring or spreading pests

Potential contaminated equipment

Research materials International mail

and courier services Pest and biological

control organisms

Imported Commodities that may be regulated

Import Regulations in Kenya

These are in 3 categories

1. Imports that are permitted Risk of importation is low and permits are

issued after fulfilling application requirements.

2. Imports under quarantineRisk of importation in high and material is held under examination until risk assessment can be done.

3. Imports that are prohibitedThese are materials that are too risky to introduce into the country. Materials may be imported after approval by KSTCIE

Procedures for Phytosanitary inspections & certification

Plant import procedures◦Apply for Plant Import Permit (PIP) from

KEPHIS (details import conditions)

◦And notice to import seed (Form SR14) for seed

◦NPPO of the country of origin issue Phytosanitary Cert. based on conditions in PIP

◦All plant materials declared at point of entry

◦Prohibited/non compliant material destroyed or shipped back

◦ It is an offence not to comply with phytosanitary regulations (Cap 324)

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Plant Export Procedures

Avail import conditions of destination country

Plant materials inspected at exit point and/or during active growth. Must comply with the importing country requirements

Phytosanitary certificate and conformity certificate issued

Special procedures for restricted material (e.g. CITES). Clearance from KWS required.

◦Must comply to Kenya import requirements and requirements of final country of import

◦Re- Export consignment are those imported from other countries and handled in one way or another in Kenya before exporting into other countries

◦Require re-inspection and issuance of either a re-export phyto sanitary certificate or a phytosanitary certificate

◦Need to track and ensure they are re-exported

Procedure for Re-export

Do not need to comply with Kenya’s import requirements

Transit consignments are those that pass through a country without being imported under custom control.

KEPHIS may apply measures if technically justified and necessary to prevent introduction and spread of pests

For consignments accompanied by a phytosanitary certificates and not opened in Kenya, KEPHIS only verifies the documentations from country of origin

Need to improve the tracking of these consignments

Consignments on Transit

No single agency or organization has both the legal authority and a sufficient level of resources to conduct an effective mitigation to protect human, animal and plant health and life without the involvement and support of others

Therefore, the need to bring together relevant public and private sector players

Relevant skills and expertise in developing and implementing effective mitigation activities, to Protect Human, animal and plant Health and life need to be brought together

Something to Note

Limited resources Lack of specialized capacity in specific

disciplines Inadequate visibility of service providers Inadequate awareness about institutional

Services Inadequate Implementation procedures Inadequate legal capacity Increased competition for skilled staff Inadequate institutional succession planning Conflicting and unclear mandates

Current Challenges in SPS

Inadequate coordination of public agencies for service delivery

Challenges in Document processing Challenges in communication Emergency of new SPS threats (new

pests, food safety) Growing digital divide, ICT security

risks and threats Evasion of certification services by

stakeholders Changing analytical technologies

Challenges

Increase demand for services Enhanced cooperation with stakeholders and

collaborators Strategic location in relation to East Africa and

the Region Ready availability of skilled manpower in the

market A vibrant economy and improved agricultural

growth Increased demand for high quality agro inputs Willing support for development partners Regional harmonization of policies Access to professional training

Opportunities

Establishment of Automated support system for enhanced phytosanitary capacity and communication

Construction of modern laboratories for pest diagnosis and quality assurance

Accredited laboratories Training of staff Establishment of linkages with local

and international collaborators

Capacity at KEPHIS

Enhance staffing levels and skills Acquire and improve ICT infrastructure

and systems Enhance other infrastructural

requirements for efficient and effective implementation of SPS

Enhance institutional management Establish strategic partnership for

delivery of service (local and international organization)

Capacity building for neighboring countries

Capacity Building activities

Example: ICT capacity- Import System

Automated Inspection Quarantine ?Permit ?

Secure online Import requests

Automated import request verification & approval,

ASSIP – K System

Cargo freight

Import requirements available online

Automated import Notification (SIMBA SYSTEM)

Other Gov. Agencie

s

Centre of Phytosanitary Excellence

Thank you for your attention

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For more information

Contact:

MANAGING DIRECTOR

Kenya Plant Health Inspectorate Service

(KEPHIS)

e.mail: director@kephis.org