Prohibition notices for GMOs: EPA 1990 s. 110
Secretary of State can prohibit import, acquisition, release, marketing or keeping of GMOs if risk of environmental damage, and require disposal. EPA 1990 s.110
The Secretary of State may serve a notice under this section (a “prohibition notice”) on any person he has reason to believe— is proposing to import or acquire, release or market any genetically modified organisms; or is keeping any such organisms; if he is of the opinion that doing any such act in relation to those organisms or continuing to keep them, as the case may be, would involve a risk of causing damage to the environment. A prohibition notice may prohibit a person from doing an act mentioned in subsection (1)(a) above in relation to any genetically modified organisms or from continuing to keep them; and the prohibition may apply in all cases or circumstances or in such cases or circumstances as may be specified in the notice. A prohibition notice shall— state that the Secretary of State is, in relation to the person on whom it is served, of the opinion mentioned in subsection (1) above; specify what is, or is to be, prohibited by the notice; and if the prohibition is not to be effective on being served, specify the date on which the prohibition is to take effect; and a notice may be served on a person notwithstanding that he may have a consent authorising any act which is, or is to be, prohibited by the notice. Where a person is prohibited by a prohibition notice from continuing to keep any genetically modified organisms, he shall dispose of them as quickly and safely as practicable or, if the notice so provides, as may be specified in the notice. The Secretary of State may at any time withdraw a prohibition notice served on any person by notice given to that person.
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 gives the Secretary of State the power to stop someone from dealing with genetically modified organisms (GMOs) if the Secretary thinks that dealing with them would risk harming the environment. The notice is called a prohibition notice. It can stop the person from importing, acquiring, releasing, marketing, or keeping the GMOs, or require them to dispose of any they already have. The notice must say why the Secretary thinks there is a risk, what exactly is banned, and when the ban starts. Even if the person already has a consent to do the activity, the notice can still be served. The Secretary can cancel the notice at any time.
When it applies
- A company plans to release genetically modified crops into the environment and the Secretary of State believes it could harm local wildlife.
- A researcher imports a batch of genetically modified bacteria without a proper risk assessment, and the Secretary issues a prohibition notice to stop the import.
- A farmer keeps genetically modified livestock that the Secretary thinks could crossbreed with wild species and damage the ecosystem.
- A manufacturer markets genetically modified seeds that the Secretary believes could contaminate non-GM crops.
What this section does not say
- This provision does not cover prohibition notices for other environmental hazards like pollution or waste; those are under other parts of EPA 1990.
- It does not apply to non-genetically modified organisms.
- It does not allow the Secretary to force disposal of organisms without a notice; the notice must be served first.
- It does not cover criminal penalties for violating the notice; those are in s.118.
Related sections
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of EPA 1990 s. 110 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.