Duties for GMO import, keep, or release EPA 1990 s. 109
EPA 1990 s. 109 mandates risk identification, precautions, and BATNEEC to prevent environmental damage when importing, keeping, releasing, or marketing GMOs.
A person who— is proposing to import or acquire any genetically modified organisms, or is keeping any such organisms, or is proposing to release or market any such organisms, shall, subject to subsection (5) below, be subject to the duties specified in subsection (2), (3) or (4) below, as the case may be. A person who proposes to import or acquire genetically modified organisms— shall take all reasonable steps to identify, by reference to the nature of the organisms and the manner in which he intends to keep them (including any precautions to be taken against their escaping or causing damage to the environment), what risks there are of damage to the environment being caused as a result of their importation or acquisition; and shall not import or acquire the organisms if it appears that, despite any precautions which can be taken, there is a risk of damage to the environment being caused as a result of their importation or acquisition. A person who is keeping genetically modified organisms— shall take all reasonable steps to keep himself informed of any damage to the environment which may have been caused as a result of his keeping the organisms and to identify what risks there are of damage to the environment being caused as a result of his continuing to keep them; shall cease keeping the organisms if, despite any additional precautions which can be taken, it appears, at any time, that there is a risk of damage to the environment being caused as a result of his continuing to keep them; and shall use the best available techniques not entailing excessive cost for keeping the organisms under his control and for preventing any damage to the environment being caused as a result of his continuing to keep the organisms; and where a person is required by paragraph (b) above to cease keeping the organisms he shall dispose of them as safely and as quickly as practicable and paragraph (c) above shall continue to apply until he has done so. A person who proposes to release genetically modified organisms— shall take all reasonable steps to keep himself informed, by reference to the nature of the organisms and the extent and manner of the release (including any precautions to be taken against their causing damage to the environment), what risks there are of damage to the environment being caused as a result of their being released; shall not release the organisms if it appears that, despite the precautions which can be taken, there is a risk of damage to the environment being caused as a result of their being released; and subject to paragraph (b) above, shall use the best available techniques not entailing excessive cost for preventing any damage to the environment being caused as a result of their being released; and this subsection applies, with the necessary modifications, to a person proposing to market organisms as it applies to a person proposing to release organisms. This section does not apply— to persons proposing to import or acquire, to release or to market any genetically modified organisms, in cases or circumstances where, under section 108 above, they are not required to carry out a risk assessment before doing that act; to persons who are keeping any genetically modified organisms and who— were not required under section 108 above to carry out a risk assessment before importing or acquiring them; have not been required under that section to carry out a risk assessment in respect of the keeping of those organisms since importing or acquiring them; or to holders of consents, in the case of acts authorised by those consents.
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
Anyone proposing to import, acquire, keep, release, or market genetically modified organisms (GMOs) has a statutory duty to assess and limit environmental risks. Before acquiring or releasing GMOs, a person must evaluate potential harm and must refrain from the activity if an environmental risk persists despite any precautions that could be taken.
Those currently holding or keeping GMOs must actively stay informed about potential harm caused by keeping them. If continuing to hold the organisms poses an environmental risk that precautions cannot eliminate, the keeper must immediately cease keeping them and safely dispose of them as quickly as possible.
Throughout the keeping or releasing of GMOs, persons subject to these duties must use the best available techniques not entailing excessive cost to maintain control and prevent environmental damage. These duties do not apply to activities performed in accordance with a valid consent or where a risk assessment is not required under section 108.
When it applies
- A research laboratory acquiring and storing genetically modified bacteria strains for study.
- A seed distributor storing genetically modified crop seeds in a commercial facility.
- A commercial agricultural producer conducting a controlled field trial of genetically modified plants.
- A vendor importing modified ornamental plants to market them to nurseries.
What this section does not say
- Activities carried out under and strictly authorized by a consent, which are governed under section 111 and section 112.
- Precision bred organisms excluded from English applications under section 106A.
- Emergency powers of inspectors to destroy or deal with imminent danger, which fall under section 117.
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This page reproduces the text of EPA 1990 s. 109 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.