Executive Summary
We wish to bring to your attention the recently gazette Sustainable Waste Management (Extended Producer Responsibility) (EPR) Regulations, 2024 which has introduced new requirements aimed at tackling plastic pollution across five product categories:
- Non-hazardous product packaging (plastics, aluminium, composite, paper and its corrugates, glass, cardboard and carton);
- Hazardous product packaging (Industrial chemicals, oil and lubricants, pharmaceuticals, agrochemicals, veterinary, cosmetics, paints and solvents), treated wood and agricultural films;
- Electrical and electronic equipment, Mercury Auto Switches, thermostats, Battery and Accumulators;
- End-of-life Motor Vehicles, automobiles, aircrafts, locomotives; and
- Non-packaging items (Plastics, glass, paper, cardboard), Furniture (except wooden, metallic), Rubber and Tyres, textiles, leather, artificial hair, diapers and sanitary towels.
This regulatory framework underscores the imperative for proactive engagement by producers to comprehensively address the environmental impacts of their products across the entire lifecycle.
Background
These EPR Regulations build on the Sustainable Waste Management Act, 2022 provision under section 13 which mandates every producer and importer of the stated product categories to bear extended producer responsibility obligations to reduce pollution and environmental impacts of the products they introduce into the Kenyan market and waste arising therefrom. These Regulations shall apply to products that produce waste that negatively impact the environment, human and animal health due to the challenge they pose on reuse, recyclability; and recoverability. The EPR Regulations have a significant implication for producers, manufacturers, importers and retailers across industries.
Key Highlights of the Regulations
- Producers are required to establish an individual or join an EPR scheme/system for their products of packaging. This includes ensuring the collection, recycling or safe disposal of waste generated by their products.
- Producers must register with NEMA and provide details of their waste management efforts. Non- compliance may lead to penalties or suspension of licenses.
- Businesses must develop and submit an EPR Compliance plan to the National Environment Management Authority (NEMA). The plan should entail waste management measures, targets and timelines.
- Producers should take financial, organizational and physical responsibility for the management, treatment and disposal of their post – consumer products and end of life treatment for the waste generated by their products.
- Companies are encouraged to adopt eco-friendly designs and include proper disposal instructions on product labels.
- Businesses must periodically report on waste recovery and recycling targets. NEMA will oversee and evaluate compliance.
- Importers of the finished products across the product categories have to pay NEMA at the point of importation the prescribed fees under the regulation.
- Each importer shall, for purposes of importing any of the products in the product categories apply to the Authority, at the point of import, for an extended producer responsibility certificate
Consequences of Non – Compliance with the Provisions
The deadline for complying with the Regulations has been set within six (6) months after the commencement of the Regulations for each producer in operation before the commencement of the Regulations. The EPR Regulations were gazetted on 4th November, 2024.
Any person who commits an offence under these Regulations shall, on conviction, be liable to a fine of not less than two million shillings (Kshs. 2,000,000) and not more than four million shillings (Kshs. 4,000,000) or to imprisonment for a term not exceeding four (4) years or to both.
Next Steps for Businesses
- Identify products subject to EPR obligations and assess current waste management practices.
- Seek legal guidance on structuring your compliance strategy and avoid penalties.
How We Can Assist
Out team is available to:
- Develop and facilitate training programs on the Sustainable Waste Management
- (Extended Producer Responsibility) Regulations, 2024 for your employees and
- stakeholders.
- Provide tailored advice on waste management strategies aligned with the regulations.
- Review and draft EPR compliance plans
- Liaise with NEMA on your behalf to facilitate registration and approvals.
- Ensure full legal compliance to safeguard your business interests.
