Consent requirements for GMOs EPA 1990 s.111
Requires consent for importing, acquiring, releasing, marketing, keeping GMOs unless exempt. Applicants for release/marketing must notify new risks.
Subject to subsection (7) below, no person shall import or acquire, release or market any genetically modified organisms— in such cases or circumstances as may be prescribed in relation to that act, or in any case where he has been given directions under section 108(8)(a) above, except in pursuance of a consent granted by the Secretary of State and in accordance with any limitations and conditions to which the consent is subject. Subject to subsection (7) below, no person who has imported or acquired any genetically modified organisms (whether under a consent or not) shall continue to keep the organisms— in such cases or circumstances as may be prescribed, after the end of the prescribed period, or if he has been given directions under section 108(8)(b) above, after the date specified in the directions, except in pursuance of a consent granted by the Secretary of State and in accordance with any limitations or conditions to which the consent is subject. A person who is required under subsection (2) above to cease keeping any genetically modified organisms shall dispose of them as quickly and safely as practicable. An application for a consent must contain such information and be made and advertised in such manner as may be prescribed and shall be accompanied by the fee required under section 113 below. The applicant shall, in prescribed circumstances, give such notice of his application to such persons as may be prescribed. The Secretary of State may by notice to the applicant require him to furnish such further information specified in the notice, within such period and in such form and manner as may be so specified, as he may require for the purpose of determining the application; and if the applicant fails to furnish the information within the specified period and in the specified form and manner the Secretary of State may refuse to proceed with the application. A notice under this subsection must state the reasons for requiring the further information specified in the notice. A notice under subsection (6) must state the reasons for requiring the further information specified in the notice. Where an applicant for consent for releasing or marketing genetically modified organisms becomes aware, before his application is either granted or rejected, of any new information with regard to any risks there are of damage to the environment being caused as a result of the organisms being released or marketed, he shall notify the Secretary of State of that new information forthwith. 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— any requirement under subsection (1) or (2) above to have a consent, or any of the requirements to be fulfilled under the regulations by an applicant for a consent, in such cases or circumstances as may be prescribed. Where an application for a consent is duly made to him, the Secretary of State may grant the consent subject to such limitations and conditions as may be imposed under section 112 below or he may refuse the application. The conditions attached to a consent may include conditions which are to continue to have effect notwithstanding that the holder has completed or ceased the act or acts authorised by the consent. The Secretary of State may at any time, by notice given to the holder of a consent, revoke the consent or vary the consent (whether by attaching new limitations and conditions or by revoking or varying any limitations and conditions to which it is at that time subject). Regulations under this section may make different provision for different cases and different circumstances; and in this section “ prescribed ” means prescribed 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
This section says that you need a consent from the Secretary of State to import, acquire, release, or market any genetically modified organism (GMO), and also to continue keeping one you already have, unless an exemption applies. The exemption can be set out in regulations, or you may have been given directions under section 108(8). If you are required to stop keeping GMOs, you must dispose of them quickly and safely.
To get a consent, you must apply in the prescribed way, pay a fee, and give notice to certain people if required. The Secretary of State can ask for more information, and if you fail to provide it they may refuse to process your application. If you are applying to release or market GMOs and you discover new information about risks to the environment before your application is decided, you must tell the Secretary of State immediately.
The Secretary of State can grant a consent with conditions, or refuse it. They can later revoke or vary the consent. Regulations may create exemptions from the consent requirement for certain persons or classes of person. The meaning of "prescribed" in this section is set by regulations. For Scotland, references to the Food Standards Agency are read as Food Standards Scotland.
When it applies
- A laboratory imports a genetically modified bacterium for research.
- A seed company releases GM wheat for field trials.
- A farmer continues to keep GM maize after the prescribed period ends without applying for a consent.
- A company markets GM salmon to consumers.
- A researcher who applied for release consent discovers a new potential environmental hazard and notifies the Secretary of State.
What this section does not say
- This section does not set the definition of 'genetically modified organism' (see section 106).
- It does not establish the offences for failing to have a consent (see section 118).
- It does not specify the limitations and conditions that may be attached to a consent (see section 112).
- It does not cover the risk assessment or notification requirements before an application (see section 108).
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This page reproduces the text of EPA 1990 s. 111 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.