GMO risk assessment and notice EPA 1990 s. 108
EPA 1990 s. 108 requires risk assessments and notification to the Secretary of State before importing, acquiring, keeping, releasing, or marketing GMOs.
Subject to subsections (2) and (7) below, no person shall import or acquire, release or market any genetically modified organisms unless, before doing that act— he has carried out an assessment of any risks there are (by reference to the nature of the organisms and the manner in which he intends to keep them after their importation or acquisition or, as the case may be, to release or market them) of damage to the environment being caused as a result of doing that act; and in such cases and circumstances as may be prescribed, he has given the Secretary of State such notice of his intention of doing that act and such information as may be prescribed. Subsection (1) above does not apply to a person proposing to do an act mentioned in that subsection who is required under section 111(1)(a) below to have a consent before doing that act. Subject to subsections (4) and (7) below, a person who is keeping genetically modified organisms shall, in such cases or circumstances and at such times or intervals as may be prescribed— carry out an assessment of any risks there are of damage to the environment being caused as a result of his continuing to keep them; give the Secretary of State notice of the fact that he is keeping the organisms and such information as may be prescribed. Subsection (3) above does not apply to a person who is keeping genetically modified organisms and is required under section 111(2) below to have a consent authorising him to continue to keep the organisms. It shall be the duty of a person who carries out an assessment under subsection (1)(a) or (3)(a) above to keep, for the prescribed period, such a record of the assessment as may be prescribed. A person required by subsection (1)(b) or (3)(b) above to give notice to the Secretary of State shall give the Secretary of State such further information as the Secretary of State may by notice in writing require. Regulations under this section may provide for exemptions, or for the granting by the Secretary of State , or by the Secretary of State and the Food Standards Agency acting jointly, of exemptions to particular persons or classes of person, from the requirements of subsection (1) or (3) above in such cases or circumstances, and to such extent, as may be prescribed. The Secretary of State may at any time— give directions to a person falling within subsection (1) above requiring that person to apply for a consent before doing the act in question; or give directions to a person falling within subsection (3) above requiring that person, before such date as may be specified in the direction, to apply for a consent authorising him to continue keeping the organisms in question; and a person given directions under paragraph (a) above shall then, and a person given directions under paragraph (b) above shall from the specified date, be subject to section 111 below in place of the requirements of this section. Regulations under this section may— prescribe the manner in which assessments under subsection (1) or (3) above are to be carried out and the matters which must be investigated and assessed; prescribe minimum periods of notice between the giving of a notice under subsection (1)(b) above and the doing of the act in question; make provision allowing the Secretary of State to shorten or to extend any such period; prescribe maximum intervals at which assessments under subsection (3)(a) above must be carried out; and the regulations may make different provision for different cases and different circumstances. In this section “ prescribed ” means prescribed by the Secretary of State in regulations under this section. In the application of this section to Scotland, the reference in subsection (7) to the Food Standards Agency is to be read as a reference to Food Standards Scotland.
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
Before importing, acquiring, releasing, or marketing genetically modified organisms, a person must evaluate the risks of environmental damage and notify the Secretary of State as prescribed by regulations. This requirement applies unless the person is already required to obtain explicit consent under section 111.
Anyone who keeps genetically modified organisms must carry out periodic risk assessments of their ongoing storage and notify the authorities. Those carrying out assessments are legally required to keep records of their findings for specified periods and supply extra information if requested in writing.
The Secretary of State holds powers to set specific rules on assessment methods, grant individual or general exemptions, or direct a person to apply for formal consent under section 111 instead of following these baseline notice rules.
When it applies
- Importing a new strain of genetically modified seeds to conduct agricultural research
- Acquiring genetically modified bacteria for laboratory use without existing section 111 consent
- Keeping a stock of genetically modified yeast and maintaining environmental safety records
- Preparing to market a genetically modified organism to commercial growers
What this section does not say
- Activities that require explicit prior consent under section 111 (governed by epa1990s.111)
- General duty of care when keeping or releasing GMOs (governed by epa1990s.109)
- Issuance of prohibition notices by authorities to halt GMO activities (governed by epa1990s.110)
Related sections
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This page reproduces the text of EPA 1990 s. 108 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.