1. National Capacity Building for SPS Compliance; Challenges and Opportunities
Esther Kimani (PhD)
GENERAL MANAGER-PHYTOSANITARY SERVICES
KENYA PLANT HEALTH INSPECTORATE SERVICE
(KEPHIS)
Website:
Presentation made at the International Flower Focus on Sustainability for Growth. Visha Oshwal Centre. 6th June, 2013, Nairobi, Kenya

2. Presentation Outline Introduction WTO-SPS Agreement KEPHIS
KEPHIS Services
Challenges
Opportunities

3. Introduction
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

4. Global System for Agricultural Trade
WORLD TRADE ORGANIZATION
AGRICULTURE
SPS
TBT
OIE
IPPC
CODEX

5. 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

6. 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

7. Application of SPS in Kenya
Department of Veterinary Service (DVS)
Ministry of Health and Sanitation (Public Health)/ KEBS
Kenya Plant Health Inspectorate Service

8. 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

9. KENYA PLANT HEALTH INSPECTORATE SERVICE
The Mandate of KEPHIS
Plant Variety Protection Seed Certification
Phytosanitary Services /quarantine Quality Assurance – Ag Inputs
Regulation on GMOs/ biologicals ACL – Soil, Tissues, Water, MRLs
Certification of produce Inspection & Grading
“Sustaining and Safeguarding Agriculture, Food,
Environment and Trade”

10. 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

11. Legal Framework
The National legislations that provide the authority for KEPHIS operations includes but not limited to:
Cap 324- The Plant Protection Act
Cap 325- The Suppression of Noxious Weeds Act
Cap 326- The Seeds and Plant Varieties Act
Cap 319- The Agriculture Produce (Export) Act
Others (The Fertilizer and Animal Foodstuffs Act, Cap 345 and The Pest Control Products Act, Cap 346)

12. KEPHIS OFFICES

13. SPS Services at KEPHIS
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

14. Chemical Analytical Support
Quality fertilizers/ pesticides
Pesticide residues on produce
Environmental testing
The Analytical Chemistry Laboratory (ACL) is accredited to ISO by SANAS

15. Seed Certification
Use of Quality seed maximize crop productivity
1) Imported seed
2) locally produced seed
Seed Testing Laboratory is Accredited (ISO 17025) by the International Seed Testing Association (ISTA)

16. Field Inspection Variety Testing: Evaluation maize variety
Variety Testing: Evaluation Sunflower variety
Variety Testing: Evaluation maize variety

17. Phytosanitary/ Plant Health Services
Aim to protect agriculture/environment through prevention of introduction and or spread of quarantine pests, diseases and noxious weeds
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

18. Flower grading
KEPHIS inspection critical here for market access and sustainability .

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

20. Pest Detection
Prompt detection of Quarantine Pests at actively growing stage
Enabling a flourishing export

21. Imported Commodities that may be regulated
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

22. 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 quarantine
Risk of importation in high and material is held under examination until risk assessment can be done.
3. Imports that are prohibited
These are materials that are too risky to introduce into the country. Materials may be imported after approval by KSTCIE

23. 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)

24. 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.

25. Procedure for Re-export
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

26. Consignments on Transit
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

27. Something to Note
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

28. Current Challenges in SPS
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

29. Challenges
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

30. Opportunities 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

31. Capacity at KEPHIS
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

32. Capacity Building activities
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

33. Example: ICT capacity- Import System
Automated import request verification & approval,
ASSIP – K System
Secure online Import requests
Other Gov. Agencies
Import requirements available online
Automated Inspection Quarantine ?
Permit ?
Automated import Notification (SIMBA SYSTEM)
Cargo freight

35. Thank you for your attention

36. Kenya Plant Health Inspectorate Service e.mail: director@kephis.org
For more information
Contact:
MANAGING DIRECTOR
Kenya Plant Health Inspectorate Service
(KEPHIS)
e.mail: