Africa Regulatory News

On 11 April 2025, Kenya notified the World Trade Organization (WTO) that several previously circulated standards covering 12 fertilizers have now been officially adopted. Published in the Kenya Gazett...

On 11 April 2025, Kenya notified the World Trade Organization (WTO) that several previously circulated standards covering 12 fertilizers have now been officially adopted. Published in the Kenya Gazette Notice No. 16886 on 20 December 2024, the adoption marks the formal transition of the draft texts into national standards, contributing to harmonized regulatory practices across the East African Community (EAC). 

Adoption of East African Standards 

In 2023, five East African Community countries (Burundi, Kenya, Rwanda, Tanzania and Uganda), notified the WTO of draft standards concerning various fertilizers. The majority of these drafts have now been adopted and include detailed provisions on product sampling, packaging, labelling, and allowable levels of heavy metals. The aim is to enhance environmental safety and public health. 

Background on East African Standards 

The development of harmonized East African Standards is driven by the need to unify quality benchmarks for goods and services across EAC member states. This harmonization is intended to eliminate technical barriers to trade and facilitate the seamless exchange of goods and services within the region. 

To achieve this, the East African Standards Committee was established. The committee comprises representatives from national standards bodies, private sector entities, and consumer organizations. Draft standards are circulated for public comment via national standards bodies, after which stakeholder feedback is reviewed and incorporated before final adoption. 

These standards are dynamic and subject to periodic review to reflect advancements in technology and emerging regulatory needs. Stakeholders are advised to ensure they always refer to the latest version when implementing these standards. 

Focus on Fertilizers Standards 

The newly adopted draft standards cover various types of fertilizers, including organic, foliar, urea, and phosphate-based fertilizers as well as guidelines for their safe handling and storage. The intent is to ensure uniform quality, safe usage, and environmental protection. 

The adopted standards include: 

Conclusion

The adoption of these standards marks a significant milestone in regional integration efforts, by aligning regulatory practices across East African countries. By standardizing the chemical composition, labeling, and handling of key agricultural and public health products, the region is moving closer to achieving a safer, more efficient, and more environmentally sustainable trading environment. These efforts not only strengthen internal trade within the EAC but also enhance the region’s competitiveness in global markets. 

On 31 March 2025, the South African government officially introduced the Regulations for the Management of Mercury, 2024, published by the Department of Forestry, Fisheries and he Environment (DFFE). ...

On 31 March 2025, the South African government officially introduced the Regulations for the Management of Mercury, 2024, published by the Department of Forestry, Fisheries and he Environment (DFFE). Finalized in 2024, these new rules represent a significant change in the nation's approach to controlling hazardous compounds marking a significant step toward environmental protection and public health. In addition to strictly regulating the use, storage, trading, and disposal of mercury, these new rules set strict phase-out deadlines for mercury-added items beginning on 1 April 2025. 

Department of Forestry, Fisheries and the Environment (DFFE) 

The DFFE is committed to upholding every South African's right to a clean and healthy environment. With a strong focus on sustainability and conservation, the department is at the forefront of initiatives in responsible environmental stewardship, safeguarding natural resources for current and future generations. Its work not only enhances community well-being but also supports international efforts to protect the planet. 

National Environmental Management Act, 1998 (South Africa) 

The National Environmental Management Act (NEMA), 1998 is a key South African law that provides the framework for environmental protection and sustainable development. It promotes responsible resource use, public participation, and the precautionary principle to ensure that economic development does not harm the environment. 

Key Highlights: New Mercury Regulations in South Africa (2024) 

South Africa has introduced the Regulations for the Management of Mercury, 2024 to control and reduce the use, trade, and storage of mercury and mercury-added products. 

Purpose of the regulations 

The purpose of the regulations is to: 

• Promote environmentally sound mercury management. 

• Phase out mercury-added products (MAPs). 

• Regulate mercury use in manufacturing. 

• Control of mercury trade and storage. 

Scope of Application 
The regulation applies to: 

• Importers, exporters, sellers, and users of mercury or MAPs. 

• Manufacturers using mercury in products or processes. 

The regulations  do not apply to mercury emissions or mercury waste. 

Phase-Out of Mercury-Added Products 

Mercury-added products will be banned after set dates (starting 1 April 2025), including: 

• Fluorescent lamps 

• Thermometers and pressure-measuring devices 

• Mercury-containing batteries 

• Cosmetics with mercury >1ppm 

• Dental amalgam in certain cases 

Entities must submit Mercury Phase-out Plans within 1 year. 

Phasing Down of Dental Amalgam 

• Use is restricted to pre-dosed capsules (max 0.58 ml). 

• Ban the use of bulk mercury by dental professionals. 

• Use is not allowed for children under 15, or for pregnant or breastfeeding women (except where necessary). 

• Dental facilities must install amalgam separators (95% efficiency) by 1 April 2026. 

• Importers/exporters must submit Mercury Phase-down Plans. 

Trade and Import/Export Controls 

• The import/export of mercury and MAPs is banned, except for limited dental, research, or storage use. 

• Notification to the DFFE is required for any approved import/export. 

Restrictions on Mercury in Manufacturing 

• Mercury use is banned in listed manufacturing processes after the phase-out dates. 

• New mercury-using processes are not allowed without written Ministerial approval. 

• Mercury releases to land or water must be prevented. 

Storage and Reporting Requirements 

• Interim storage must meet hazardous chemical laws. 

• Mercury stockpiles must be declared to the DFFE within 2 months. 

• Annual compliance reports are due by 31 March every year. 

Conclusion 

The Regulations for the Management of Mercury, 2024 mark a critical step forward in South Africa’s commitment to environmental sustainability and public health. By phasing out harmful mercury-added products, tightening controls on trade and manufacturing, and promoting safer alternatives, especially in dental care, these regulations align the country with global best practices under the Minamata Convention. As industries, healthcare providers, and government departments work together to implement these measures, South Africa is moving closer to achieving a safer, cleaner, and more sustainable future for all. 

The full text of the regulations can be found here. 

On January 21, 2025, the African Development Bank (AfDB) approved a new initiative, to address the problem of waste and hazardous chemicals in 11 African nations. The project focuses on the management...

On January 21, 2025, the African Development Bank (AfDB) approved a new initiative, to address the problem of waste and hazardous chemicals in 11 African nations. The project focuses on the management of hazardous substances that are harmful to both humans and the environment, such as mercury and persistent organic pollutants (POPs). 

About the African Development Bank (AfDB) 

Established in 1964, the AfDB works to promote economic growth and reduce poverty throughout Africa. It provides financial and technical support to help improve infrastructure, fight climate change, strengthen food security, and integrate African economies. 

Increasing Investment for Chemicals and Waste Management in Africa: AFLDC-2 Project Overview 

The new initiative, entitled “Scaling-up Investment and Technology Transfer to Facilitate Capacity Strengthening and Technical Assistance for the Implementation of the Stockholm and Minamata Conventions in African LDCs – Phase 2” (AFLDC-2) will focus on improving chemicals and waste management in Angola, Ethiopia, Gambia, Guinea, Liberia, Mauritania, Senegal, Sierra Leone, Togo, Uganda, and Zambia. 

The project, the first of its kind by the African Development Bank, aims to strengthen national capacities, reduce toxic emissions, and eliminate stockpiles of obsolete chemicals. The project will also support compliance with international environmental agreements such as the Stockholm and Minamata Conventions, which set rules for the management of harmful chemicals. 

The Global Environment Facility (GEF) is providing a $21.3 million grant to help fund the project, with additional support coming from various AfDB-backed initiatives in urban development, agriculture, and agro-industries. 

Gareth Phillips, the AfDB’s Manager for Climate and Environment Finance, expressed his excitement about the approval, calling it a significant step in Africa's efforts to build a cleaner, healthier, and more resilient Africa. 

Conclusion 

The African Development Bank's approval of the AFLDC-2 project represents an important step forward in tackling the escalating issue of hazardous chemicals and waste management in Africa's least developed countries. By prioritizing capacity building, minimizing toxic emissions, and facilitating adherence to international environmental conventions, the project is set to yield enduring advantages for public health and the ecosystem. With financial support from the GEF and various initiatives from the AfDB, the project is well positioned to achieve substantial progress toward a cleaner, healthier, and more sustainable future for the involved nations. The AfDB's leadership in this transformative initiative underscores its dedication to promoting environmental and economic resilience across Africa. 

The Pest Control Products Board (PCPB) of Kenya has introduced a new requirement for the submission of Certified Reference Materials (CRMs) as part of the pest control product registration procedure. ...

The Pest Control Products Board (PCPB) of Kenya has introduced a new requirement for the submission of Certified Reference Materials (CRMs) as part of the pest control product registration procedure. Effective immediately, CRMs submitted for registration must be sourced from manufacturers certified by ISO/IEC 17034. This international standard ensures the highest quality and reliability of reference materials, supporting accurate and consistent testing findings.

Labelling Requirements for CRMs

To ensure compliance, all submitted CRMs must be clearly labelled with the following information:

1. CAS Number

2. Expiry Date

3. Lot Number

4. Material Name (Active Ingredient)

5. % Purity

6. Storage Conditions

Certificate of Analysis Requirement

In addition, each CRM must be accompanied by a Certificate of Analysis (CoA) outlining its requirements, uncertainty, intended application, and the matching analytical procedure. This new requirement applies to initial registrations and future applications for label extensions and parallel registrations.

By adhering to this standard, the authority hopes to maintain the highest degree of quality assurance and compliance with industry standards.

*Source

The Pest Control Products Board (PCPB) of Kenya has announced an immediate ban on the use of thiamethoxam and abamectin-based pesticides in open fields. This decision, made during the 178th meeting of...

The Pest Control Products Board (PCPB) of Kenya has announced an immediate ban on the use of thiamethoxam and abamectin-based pesticides in open fields. This decision, made during the 178th meeting of the PCPB on November 28, 2024, aims to mitigate risks to pollinators and promote environmental sustainability.

Key Points of the Ban:

• High Risk to Pollinators: These compounds pose a serious acute risk to adult bees both inside and outside of crop fields, according to recent risk evaluations.

• Practical Limitations: It may not be possible to enforce greenhouse-only use in many agricultural situations, especially in Kenya.

• Regulatory Compliance: The restriction is consistent with Regulation 31(d) and 33(b) of the Pest Control Products Regulation, 2024.

Actions Required for Local Agents and Registrants:

• Immediately modify product labelling to prevent open field use.

• Submit modified labels to PCPB for approval.

• Eliminate current stocks of these products for open field use within 6 months.

•  The PCPB will not register any new Thiamethoxam and Abamectin-based products for open field use.

The PCPB urges all stakeholders to comply with this directive promptly to protect pollinators and ensure the long-term health of agricultural ecosystems.

*Source

On 1 November 2024, the South African Minister of Health published the Regulations Relating to the Use of Food Additives in Foodstuffs, 2024. The regulations, which were developed under the Foodstuffs...

On 1 November 2024, the South African Minister of Health published the Regulations Relating to the Use of Food Additives in Foodstuffs, 2024. The regulations, which were developed under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), are set to come into force in 2025. These updated regulations introduce new guidelines for the use of additives in foodstuffs, including preservatives, antioxidants, sweeteners, colorants, and emulsifiers. These substances, which are used in food processing and production, must meet strict purity and identity specifications to ensure they do not pose a risk to public health. The aim is to ensure the safe use of food additives in accordance with internationally recognized standards. 

Key points of the Regulations of Food Additives in Foodstuffs 

Scope: This regulation is a significant step towards improving food safety and quality; the South African government has announced the implementation of new regulations. 

Application: This document provides regulations concerning the use of food additives in foodstuffs. It includes definitions, requirements for use, categories of food additives and the conditions for their use in food products. 

Requirements for the Use of Food Additives:  

• Specifications and Purity: Food additives should be manufactured, stored, and handled in accordance with Good Manufacturing Practice (GMP) standards. The quantity used should be limited to the minimum required for the intended effect. 

• Maximum Use Levels (ML): Foodstuffs containing additives must not exceed the maximum levels set by the Codex General Standard for Food Additives (GSFA). 

• Food Categories: Different food categories may have specific rules regarding food additives, e.g. infant formula may not allow certain additives. 

• Carry-over: Food additives can be carried over from raw ingredients into the final product, but must not exceed the allowed limits. 

 Extended Use of Food Additives: 

• Raw Materials: If a food additive is present in raw materials or ingredients, it must comply with the regulations and the amount carried over into the final product must not exceed the limits.  

• Infant Food: Food additives are not allowed to be carried over into foods intended for infants or young children.  

Application to Specific Food Categories: The document specifies how food additives such as color and sweeteners should be used in different food categories, including: 

• Infant foods: Strict limitations on additives like color and sweeteners. 

• Plain bread: No color or sweeteners allowed. 

• Fruit juices: May contain color additives but no sweeteners unless specified. 

• Other unflavored foodstuffs: No color or sweeteners allowed. 

• Other unprocessed foodstuffs: No color or sweeteners allowed. 

• Non-energy-reduced foodstuffs or non- sugar-reduced foodstuffs: No sweeteners are allowed 

Repeal of Previous Regulations: The new regulations repeal several earlier rules regarding colorants, sweeteners, antioxidants, and preservatives that were issued in previous government notices, such as R.733, R.1008 and R.1426. 

Public Consultation 

The Minister of Health has called for public input on the proposed regulations. Interested individuals and organizations are encouraged to submit any substantiated comments or representations to the Director-General of Health within three months of the date of publication of the Notice (i.e. 1 February 2025). 

Implementation Timeline 

• The regulations will come into force 12 months after publication. 

• Food items manufactured before the effective date are not subject to the new regulations. 

Conclusion  

In summary, South Africa’s new regulations aim to enhance food safety by setting strict standards for food additives, including preservatives, sweeteners and colorants. These regulations, which will come into effect in 2025, are in line with international guidelines and ensure the protection of public health. With specific rules for different food categories, such as infant foods and fruit juices, they offer clear guidelines for manufacturers. The public consultation process allows stakeholders to provide input to ensure that the regulations are well-informed and comprehensive. 

On 7 October 2024, the South African Minister of Forestry, Fisheries and the Environment (DFFE) introduced new regulations aimed at creating a national framework for compliance with the Rotterdam Conv...

On 7 October 2024, the South African Minister of Forestry, Fisheries and the Environment (DFFE) introduced new regulations aimed at creating a national framework for compliance with the Rotterdam Convention. These regulations specifically address the Prior Informed Consent (PIC) procedure, which requires countries to be informed and consent before hazardous chemicals are traded internationally. 

Department of Forestry, Fisheries and the Environment  

The DFFE is dedicated to ensuring that all South Africans have the right to a healthy environment. Focusing on sustainability and conservation, the DFFE leads efforts in responsible environmental management, protecting resources for present and future generations. Through these initiatives, the Department aims to promote the wellbeing of communities while contributing to global environmental protection.  

New National Regulations for Trade in Hazardous Chemicals under the Rotterdam Convention  

The National Environmental Management Act (Act No. 107 of 1998) empowers the South African government (DFFE) to regulate the trade of certain chemicals. The new regulations create an appropriate regulatory framework, outlining general prohibitions, notification procedures for chemical commerce, record keeping, and reporting requirements. 

Key Points on New National Regulations for Hazardous Chemicals Trade 

Scope: The regulations apply to chemicals subject to notification under the Rotterdam Convention, covering general prohibitions, notification procedures, record keeping, and reporting. 

Application: The regulations apply to chemicals that are banned or severely restricted as listed in Annexure I. 

Purpose of the Regulations:   

• To implement the provisions of the Rotterdam Convention for hazardous chemicals and pesticides in international trade. 

• To outline the Prior Informed Consent (PIC) procedure for chemicals listed in Annexure I. 

• To promote cooperation in the international movement of chemicals to protect human health and the environment. 

• To facilitate the exchange of information on the safe use of chemicals and ensure international communication of import/export decisions. 

• Exempt chemicals not exceeding 10 kg per year, per country, per chemical. 

Notification Process:   

• Notification Requirement: Importers must notify South African authorities annually of imports from Annexure I, including a Safety Data Sheet (SDS). 

• Documentation: The authorities may request additional documentation after receiving the export notification. 

• Export Notification Form: Complete the official form from Annexure II with the required information. 

• Acknowledgment: The authorities will acknowledge receipt within 10 working days. 

• Processing and Decision Making: Authorities will review notifications and decide whether to grant or deny consent based on the validity of licenses or permits. 

Record Keeping and Reporting:   

• Keep detailed records of quantities, sources, intended use and import/export dates for at least five years. 

• Provide personal and contact details for intended use where applicable. 

• Submit actual amounts imported or exported and customs documents by the end of March each year. 

Penalties for non-compliance :

•  Non-compliance with specific regulations can lead to fines of up to 5 million Rand for first offences and penalties of up to 10 million Rand or imprisonment for subsequent offences. 

Updating of Annexure: Annexure I will be reviewed every two years to align with the Rotterdam Convention. 

Information of Transmission:  The South African Designated National Authority (DNA) must inform the Rotterdam Convention Secretariat of any new regulatory actions within 60 days. 

Repeal of Laws: Previous regulations are repealed, with the new “Prior Informed Consent Procedure Regulations, 2024” taking effect 120 days after publication. 

Prohibition: No import or export of Annexure I chemicals without prior consent under these regulations. 

 Annexes: 

• Annexure I: List of chemicals requiring notification. 

• Annexure II: Rotterdam Convention export notification form. 

 Conclusion 

These new regulations for hazardous chemicals trade represent a significant step towards aligning South Africa's practices with the Rotterdam Convention. By establishing a comprehensive framework for notification, record keeping, and compliance, the DFFE aims to enhance the protection of the environment and public health. These regulations will promote responsible trade in chemicals and ensure that both domestic and international stakeholders are informed and involved in decision-making processes.