Seizure and destruction of GMOs — EPA 1990 s. 117
An inspector may seize and destroy or secure GMOs causing imminent environmental danger, sampling batches and providing written reports to owners.
Where, in the case of anything found by him on any premises which he has power to enter, an inspector has reason to believe that it is a genetically modified organism or that it consists of or includes genetically modified organisms and that, in the circumstances in which he finds it, it is a cause of imminent danger of damage to the environment, he may seize it and cause it to be rendered harmless (whether by destruction, by bringing it under proper control or otherwise). Before there is rendered harmless under this section— any thing that forms part of a batch of similar things, or any substance, the inspector shall, if it is practicable and safe for him to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it. As soon as may be after anything has been seized and rendered harmless under this section, the inspector shall prepare and sign a written report giving particulars of the circumstances in which it was seized and so dealt with by him, and shall— give a signed copy of the report to a responsible person at the premises where it was found by him; and unless that person is the owner of it, also serve a signed copy of the report on the owner; and if, where paragraph (b) above applies, the inspector cannot after reasonable inquiry ascertain the name or address of the owner, the copy may be served on him by giving it to the person to whom a copy was given under paragraph (a) above.
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
When an inspector lawfully enters premises and reasonably suspects an object or substance is a genetically modified organism posing an imminent danger of environmental damage, the inspector can seize it. The inspector holds the power to render it harmless, whether by destroying it or placing it under proper control.
If the seized item is a substance or part of a batch of similar items, the inspector must take a sample and deliver an identified portion to a responsible person on site, provided doing so is safe and practicable. Following the seizure and action, the inspector must sign a detailed written report and serve copies on the onsite person and the owner.
When it applies
- An inspector finds improperly contained genetically modified bacteria at a research site that pose an immediate risk of escaping into the local water supply and seizes them for destruction.
- An inspector discovers leaking containers of genetically modified seeds during a site visit and immediately takes control of the batch to prevent environmental spread.
- An inspector seizes and destroys a swarm of genetically modified insects at a breeding facility following a breach in containment that creates imminent risk.
What this section does not say
- Standard power of entry and routine premises inspection without an imminent threat, governed by epa1990s.115.
- Issuing formal notices to halt non-compliant operations prior to an immediate emergency, governed by epa1990s.110.
- Government powers to recover costs or clean up environmental damage after an offence occurs, governed by epa1990s.121.
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This page reproduces the text of EPA 1990 s. 117 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.