Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A84: Inspection requirement 

Date when the measure came into force

12 February 2009 

Publication where the measure is specified

The Republic Of Kenya, Laws of Kenya biosafety Act chapter 321A 

Regulation where the measure is specified

Biosafety Act of 2009 

Country/Region applying the measure

Kenya 

Coded list of objectives

A: Protection of human life and health 

Description of the measure

26. (1) Upon receipt of an application, the Authority shall screen the application for completeness and shall, within thirty days from the date of receipt, acknowledge receipt of the application in writing.
(2) Where an application is not complete, the Authority shall request the applicant to submit additional information.
(3) Where the Authority requests for additional information from the applicant,the time taken before getting the information shall not be reckoned by the Authority in calculating the time taken prior to making a final decision on the application.
27 (1) Where the application for approval under this Act has been screened and found to be complete, the Authority shall—
(a) subject to section 28, undertake a risk assessment in terms of the provisions of the Fifth Schedule; and
(b) audit risk assessment information submitted by the applicant, if any. (2) Risk assessment under this section shall be carried out taking into account available information concerning any known risk posed by potential exposure to a genetically modified organism.
(3) Upon completion of the risk assessment, the Authority shall make a report of its findings, and shall indicate any measures to be taken to ensure the safe use of a genetically modified organism.
(4) The Authority shall liaise with the appropriate regulatory agency to ensure that appropriate measures are in place to manage and control risks identified during the risk assessment process. 

Reference of the measure

Part III section 26& 27 

Measure also domestic

No 

Products affected by the measure.

Description

genetically modified organism. 

Countries/Regions affected by the measure.