Purpose and definitions for GMOs – EPA 1990 s. 106
Purpose: prevent environmental damage from GMO escape. Defines organism (excl humans/embryos), biological matter, genetically modified (artificial alteration).
This Part has effect for the purpose of ensuring that all appropriate measures are taken to avoid damage to the environment which may arise from the escape or release from human control of genetically modified organisms. In this Part the term “ organism ” means any acellular, unicellular or multicellular entity (in any form), other than humans , human embryos or human admixed embryos ; and, unless the context otherwise requires, the term also includes any article or substance consisting of or including biological matter. For the purpose of subsection (2) above “ biological matter ” means anything (other than an entity mentioned in that subsection) which consists of or includes— tissue or cells (including gametes or propagules) or subcellular entities, of any kind, capable of replication or of transferring genetic material, or genes or other genetic material, in any form, which are so capable, and it is immaterial, in determining if something is or is not an organism or biological matter, whether it is the product of natural or artificial processes of reproduction and, in the case of biological matter, whether it has ever been part of a whole organism. For the purposes of subsection (2) above— “ human embryo ” means an embryo within the meaning given in the provisions of the Human Fertilisation and Embryology Act 1990 (apart from section 4A) by virtue of section 1(1) and (6) of that Act, and “ human admixed embryo ” has the same meaning as it has in that Act by virtue of section 4A(6) and (11) of that Act. For the purposes of this Part an organism is “ genetically modified ” if any of the genes or other genetic material in the organism— have been artificially modified, or are inherited or otherwise derived, through any number of replications, from genes or other genetic material (from any source) which were so modified. Genes or other genetic material in an organism are “artificially modified” for the purposes of subsection (4) above if they are altered otherwise than by a process which occurs naturally in mating or natural recombination. This subsection is subject to subsections (4B) and (4C) below. For the purposes of subsection (4) above— genes or other genetic material shall be taken to be artificially modified if they are altered using such techniques as may be prescribed for the purposes of this paragraph; genes or other genetic material shall not be regarded as artificially modified by reason only of being altered by the use of such techniques as may be prescribed for the purposes of this paragraph. An organism shall be taken not to be a genetically modified organism for the purposes of this Part if it is an organism of a prescribed description. In subsections (4B) and (4C) above “prescribed” means prescribed by regulations made by the Secretary of State or, in relation to Wales, the National Assembly for Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In this Part, where the context permits, a reference to “ reproduction ”, in relation to an organism, includes a reference to its replication or its transferring genetic material.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section sets the overall goal of Part VI of the Environmental Protection Act 1990: to prevent harm to the environment from genetically modified organisms escaping or being released from human control.
It defines what counts as an 'organism' – any acellular, unicellular or multicellular living thing (in any form) except humans, human embryos and human admixed embryos. It also includes any article or substance that consists of or contains 'biological matter', which means cells, tissues, genes or other genetic material that can replicate or transfer genetic material.
An organism is 'genetically modified' if any of its genes or other genetic material have been artificially altered, or are derived from such altered material through replication. 'Artificially modified' means altered by a technique other than natural mating or natural recombination, though regulations can prescribe specific techniques that count or do not count as artificial modification. Certain organisms may also be prescribed as not being genetically modified.
When it applies
- A biotechnology company develops a genetically modified corn variety and wants to know if it falls under Part VI's controls.
- A research laboratory accidentally releases a genetically modified bacterium into the environment.
- A brewer imports a genetically modified yeast strain for use in fermentation and must determine whether notification is needed.
- A scientist creates a transgenic mouse for laboratory research and needs to check if it is an 'organism' under this section.
- A farmer uses seeds from a crop that was mutagenised using chemicals, and questions whether the resulting plants are 'genetically modified'.
What this section does not say
- This section does not set out the specific notification, consent or risk assessment requirements – those are in sections 108 to 112 of the same Act.
- It does not define 'damage to the environment' or 'control' – those are in section 107.
- It does not address the exclusion of precision bred organisms for England, which is dealt with in section 106A.
- It does not impose penalties or enforcement powers for non-compliance.
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This page reproduces the text of EPA 1990 s. 106 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.