Obtaining of information from persons EPA 1990 s. 116
Secretary of State may require persons involved in GMO activities to provide relevant information, including about environmental damage, within a set period.
For the purposes of the discharge of his functions under this Part, the Secretary of State may, by notice in writing served on any person who appears to him— to be involved in the importation, acquisition, keeping, release or marketing of genetically modified organisms; or to be about to become, or to have been, involved in any of those activities; require that person to furnish such relevant information available to him as is specified in the notice, in such form and within such period following service of the notice as is so specified. For the purposes of this section “ relevant information ” means information concerning any aspects of the activities in question, including any damage to the environment which may be or have been caused thereby; and the discharge by the Secretary of State of a function under assimilated law or an obligation of the United Kingdom under ... any international agreement concerning the protection of the environment from harm caused by genetically modified organisms shall be treated as a function of his under this Part.
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 provision gives the Secretary of State the power to demand information from anyone who is, was, or is about to be involved in importing, acquiring, keeping, releasing, or marketing genetically modified organisms. The demand must be made by a written notice served on that person, specifying what information is needed and by when it must be provided.
The information that can be demanded is defined as "relevant information," meaning any information about those activities, including any damage to the environment they may cause. It also covers information needed for the Secretary of State's functions under assimilated law or international agreements on protecting the environment from GMO harm.
When it applies
- A company importing GMO seeds receives a notice asking for records of the import quantities and origin.
- A research institute that released GMO organisms into the environment is asked to provide data on environmental monitoring.
- A farmer who keeps GMO crops is asked to provide information about the source of the seeds and cultivation practices.
- A person who previously marketed GMO products is asked to provide historical sales records and customer information.
What this section does not say
- It does not allow the Secretary of State to enter premises or inspect documents (that is covered by s. 115).
- It does not create a criminal offence for failing to provide information (offences are in s. 118).
- It does not apply to precision bred organisms in England (excluded by s. 106a).
- It does not give the Secretary of State power to order remediation of harm (that is s. 121).
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This page reproduces the text of EPA 1990 s. 116 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.