Damage to environment, control, release: EPA 1990 s. 107
Defines 'damage to the environment' from GMOs that escape or are released; defines 'control', 'release', 'escape', 'market', and 'harm' for Part VI of EPA 1990.
The following provisions have effect for the interpretation of this Part. The “environment” includes land, air and water and living organisms supported by any of those media. “ Damage to the environment ” is caused by the presence in the environment of genetically modified organisms which have (or of a single such organism which has) escaped or been released from a person’s control and are (or is) capable of causing harm to the living organisms supported by the environment . An organism shall be regarded as present in the environment notwithstanding that it is present in or on any human or other organism, or any other thing, which is itself present in the environment. Genetically modified organisms present in the environment are capable of causing harm if— they are individually capable, or are present in numbers such that together they are capable, of causing harm; or they are able to produce descendants which will be capable, or which will be present in numbers such that together they will be capable, of causing harm; and a single organism is capable of causing harm either if it is itself capable of causing harm or if it is able to produce descendants which will be so capable. “Harm” means adverse effects as regards the health of humans or the environment. “ Harmful ” and “ harmless ” mean respectively, in relation to genetically modified organisms, their being capable or their being incapable of causing harm. The Secretary of State may by regulations provide, in relation to genetically modified organisms of any description specified in the regulations, that— the capacity of those organisms for causing harm of any description so specified, or harm of any description so specified, shall be disregarded for such purposes of this Part as may be so specified. Organisms of any description are under the “control” of a person where he keeps them contained by measures designed to limit their contact with humans and the environment and to prevent or minimise the risk of harm. An organism under a person’s control is “ released ” if he deliberately causes or permits it to cease to be under his control or the control of any other person and to enter the environment; and such an organism “ escapes ” if, otherwise than by being released, it ceases to be under his control or that of any other person and enters the environment. Genetically modified organisms of any description are “marketed” by a person when products consisting of or including such organisms are placed on the market by being made available to other persons, whether or not for consideration.
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 defines the key terms used in Part VI of the Environmental Protection Act 1990, which deals with genetically modified organisms (GMOs).
'Environment' includes land, air, water and living organisms. 'Damage to the environment' occurs when a GMO that has escaped or been released from a person's control is present in the environment and is capable of harming living organisms. 'Harm' means adverse effects on human health or the environment.
'Control' means keeping GMOs contained to limit contact with humans and the environment and to prevent or minimise harm. A GMO is 'released' if deliberately allowed out of control; it 'escapes' if it gets out accidentally. 'Marketed' means placing products containing GMOs on the market.
The Secretary of State can by regulations disregard certain types of harm for specified GMOs.
When it applies
- A research laboratory accidentally allows a genetically modified bacterium to escape from its containment.
- A farmer deliberately sows genetically modified crop seeds in an open field, releasing them from controlled storage.
- A company places a product containing live GMOs on the market for sale to consumers.
- An inspector finds GMOs present in a river and needs to determine whether they escaped or were released.
- A person keeps GMOs in a sealed fermenter and argues they remain under control.
What this section does not say
- It does not set the penalties or offences for releasing GMOs without consent (those are in section 118).
- It does not define what a genetically modified organism is (that is in section 106).
- It does not specify the risk assessment or notification requirements before releasing GMOs (those are in section 108).
- It does not address precision bred organisms, which are excluded by section 106A (for England).
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This page reproduces the text of EPA 1990 s. 107 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.