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Writer's pictureGina Tumbarello

Investing in Global Regulatory and Policy Advancements: A Pathway to Market Access


In an interconnected world where trade drives economic growth, investing in global regulatory and policy advancements is crucial. For the agricultural sector, this means advocating for science- and risk-based approaches aligned with international standards to break down barriers to market access and spur foreign demand. However, these advancements must be driven from within, with local stakeholders understanding the importance of safe feed and food, and recognizing the bottom-line benefits to domestic producers, including profitability and expanded export opportunities. Kenya serves as a prime example of why market access must come first, as barriers—both tariff and non-tariff—continue to stifle potential for U.S. agricultural products.

 

Kenya, with its growing economy and expanding middle class, presents a promising market for U.S. agricultural products. Yet, significant barriers prevent these opportunities from being fully realized. Tariffs on U.S. agricultural goods, such as high duties on grains and other staples, make U.S. products less competitive in the Kenyan market. Beyond tariffs, non-tariff barriers, including Sanitary and Phytosanitary (SPS) measures that often deviate from international standards, further restrict market access.

 

These barriers illustrate a critical point: it’s impossible to create demand for a product if it can’t enter the market in the first place. Even with growing interest in U.S. products among Kenyan consumers and businesses, the lack of market access remains a formidable obstacle. The U.S.-Kenya Strategic Trade and Investment Partnership (STIP), while a step in the right direction, does not fully address these fundamental barriers.

 

The United States has proposed text under STIP that includes provisions aimed at enhancing agricultural market access, transparency and regulatory certainty. This includes the proposed chapter on good regulatory practices (GRPs), which covers rules for rule-making across the full regulatory life-cycle at the central level of government. The GRP text aims to provide greater transparency about regulatory processes in both the United States and Kenya, recognizing that early information about planned regulatory actions through the use of regulatory agendas allows interested persons to engage with regulatory authorities, thus providing more time to prepare to comply. Additionally, the GRP text acknowledges the role of expert advisors in providing guidance on planned regulatory actions as a complement to public consultations, not a substitute. It details transparency requirements related to the functioning and outputs of these advisors, emphasizing that stakeholder input remains a critical component of the regulatory process. However, while these provisions are promising in theory, they fall short in supporting the practical application, implementation and enforcement needed to make meaningful changes on the ground.

 

Kenya has taken a significant step towards improving food and feed safety through its pending Feed Safety Control Co-ordination Bill. This marks the Kenyan government’s commitment to enhancing public health, food and feed safety, and investing in the future sustainability of its agricultural production sectors. However, once this law is passed, the work truly begins with their implementation. The Kenyan government must identify and mobilize its capabilities and expertise to effectively enact the new bill. This includes reviewing its current regulatory structure, competent authorities, mandates and regulations, and revising them to align with the new bill and international standards.

 

Guidance must also be provided to industry on the new requirements and the pathways to compliance. Kenyan producers will need support to build their capacity for compliance, and the government must invest in training inspectors to monitor adherence to the new standards. The success of these initiatives will depend heavily on Kenya’s ability to build and sustain this capacity internally, ensuring that local industry and regulators can meet these heightened expectations.

 

Moreover, concerns remain about how the Kenyan government will support both the public and private sectors in this transition, especially given the country’s ongoing challenges with public debt and fiscal sustainability. Addressing these financial constraints while committing to robust regulatory reforms will be critical. Kenya’s economic resilience and ability to invest in necessary regulatory improvements without exacerbating its debt situation will require careful balancing and strategic prioritization.

 

Supporting capacity-building initiatives within Kenya is crucial to realizing the full potential of U.S. agriculture ambitions and Kenya's regulatory reforms. By enhancing local understanding of the value of safe feed and food, and demonstrating the direct impact on profitability and market expansion, a regulatory environment can be fostered that benefits both domestic growth and international trade. For Kenyan producers, embracing science-based standards and aligning with international best practices not only protects consumers but also positions their products competitively in global markets, including potential export destinations.

 

Sustainable regulatory improvement must come from within. Externally proposed changes, even with the best intentions, are unlikely to be effective or enduring without local ownership and leadership in the reform process. A sustainable approach ensures that these systems are adaptable to Kenya’s specific conditions, such as resource constraints, small-scale production, and the need for inclusivity, including the involvement of women and small producers in the agricultural sector. This internal capacity-building supports the development of policies and regulations that are not only aligned with international standards but also rooted in local realities, making them more effective and lasting.

 

The journey to unlocking Kenya’s market potential for U.S. agricultural products must begin with a commitment to addressing the existing barriers to market access through practical support for the application, implementation and enforcement of aligned regulations. By investing in local capacity and fostering sustainable regulatory frameworks, we can create a more predictable and equitable trading environment where both Kenyan and U.S. producers can thrive. Market access must come first, and through strategic investments in capacity building, regulatory alignment and meaningful enforcement, we can turn barriers into bridges for U.S. agriculture and its trading partners.



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