Precision bred not GMOs in England - EPA 1990 s. 106A
S.106A excludes precision bred organisms from GMO definition in Part VI for England, and their gametes from marketing provisions.
In this Part as it applies in relation to England, references to genetically modified organisms (except in this section and section 127)— do not include references to precision bred organisms; so far as they relate to marketing, also do not include references to gametes of precision bred organisms. For the purposes of subsection (1), this Part applies in relation to England so far as it applies in relation to— importing genetically modified organisms where their destination is in England; acquiring genetically modified organisms which are in England; keeping or releasing genetically modified organisms in England; marketing a genetically modified organism so far as the organism (or, where the organism is marketed by virtue of a product consisting of or including the organism being made available to other persons, that product) is made available for delivery in England. In this section “ precision bred organism ” and “ gamete ” have the same meanings as in the Genetic Technology (Precision Breeding) Act 2023.
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
Part VI of the Environmental Protection Act 1990 regulates genetically modified organisms (GMOs). This section makes an exception for England: precision bred organisms (as defined by the Genetic Technology (Precision Breeding) Act 2023) are not treated as GMOs under that Part. Their gametes are also excluded from the marketing rules.
The exclusion only applies where the Part VI activity relates to England—for example, importing GMOs destined for England, acquiring, keeping, or releasing them in England, or marketing them for delivery in England. Outside those situations, the usual GMO rules continue to apply.
When it applies
- A plant breeder in England develops a new wheat variety using gene editing; it is not a GMO for Part VI purposes.
- A company markets seeds of a precision bred tomato in England; the seeds and their gametes fall outside Part VI marketing controls.
- A researcher imports a precision bred bacterium into England for laboratory work; no Part VI notification is needed.
- A farmer in England acquires precision bred livestock; the animals are not considered GMOs under Part VI.
- A person releases a precision bred fish into a lake in England; it is not a GMO under Part VI.
What this section does not say
- This section does not apply to Scotland, Wales, or Northern Ireland; those jurisdictions have their own GMO definitions.
- It does not exempt precision bred organisms from regulations outside Part VI, such as the Genetic Technology (Precision Breeding) Act 2023 itself.
- It does not affect the definition of GMOs for organisms that are not precision bred—they remain within Part VI.
- Marketing of precision bred organisms outside England is not covered; other rules may apply.
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This page reproduces the text of EPA 1990 s. 106A 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.