The Ministry of Environment and Forestry has finished the development of the Extended Producer Responsibility Regulations 2022. This brief, developed by Sustainable Inclusive Business Kenya, highlights key information for the private sector, including the producers’ obligations under the regulations, the process flow and requirements for registering a PRO, the EPR fees, and anticipated opportunities and impacts for businesses among others.
For the EPR regulations 2022, a producer is defined as “an entity that introduces goods, products and packaging into the country using authorized means by manufacturing, importing, distributing, converting, filling, re-filling, repacking or rebranding” as defined in the sustainable waste management Act, 2022.
The EPR Regulations 2022 was developed in compliance with clause 13 (3) of the Sustainable Waste Management Act, 2022 which requires the cabinet secretary responsible for matters relating to waste management to develop extended producer regulations within 2 years of coming into force of the Act.
The regulations propose that each producer will be required to join a Producer Responsibility Organization (PRO), which will undertake several activities on behalf of the producer to ensure their packaging does not affect the environment. These activities include recovery, collection, sorting, recycling, and treatment.