Offences for GMO contraventions, EPA 1990 s. 118
Offences under EPA 1990 s. 118 for GMO activities: penalties include fines up to £20,000 or 5 years imprisonment, with defence of due diligence.
It is an offence for a person— to do anything in contravention of section 108(1) above in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism; to fail to comply with section 108(3) above when keeping something which is, and which he knows or has reason to believe is, a genetically modified organism; to do anything in contravention of section 111(1) or (2) above in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism; to fail to comply with any requirement of subsection (2), (3)(a), (b) or (c) or (4) of section 109 above in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism; to fail, without reasonable excuse, to comply with section 108(5) or (6) or section 111(6A) above; to contravene any prohibition imposed on him by a prohibition notice; without reasonable excuse, to fail to comply with any requirement imposed under section 115 above; to prevent any other person from appearing before or from answering any question to which an inspector may, by virtue of section 115(3) above, require an answer; intentionally to obstruct an inspector in the exercise or performance of his powers or duties, other than his powers or duties under section 117 above; intentionally to obstruct an inspector in the exercise of his powers or duties under section 117 above; to fail, without reasonable excuse, to comply with any requirement imposed by a notice under section 116 above; to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made— in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part; or for the purpose of obtaining the grant of a consent to himself or any other person or the variation of a consent; intentionally to make a false entry in any record required to be kept under section 108 or 111 above; with intent to deceive, to forge or use a document purporting to be issued under section 111 above or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be likely to deceive; falsely to pretend to be an inspector. It shall be a defence for a person charged with an offence under paragraph (a), (b), (c), (d) or (f) of subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. A person guilty of an offence under paragraph (c) or (d) of subsection (1) above shall be liable— on summary conviction, to a fine not exceeding £20,000 a fine or to imprisonment for a term not exceeding six months, or to both; on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or to both. A person guilty of an offence under paragraph (f) of subsection (1) above shall be liable— on summary conviction, to a fine not exceeding £20,000 a fine or to imprisonment for a term not exceeding six months, or to both; on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both. A person guilty of an offence under paragraph (a) or (b) of subsection (1) above shall be liable— on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both; on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or to both. A person guilty of an offence under paragraph (e), (j), (k), (l), (m) or (n) of subsection (1) above shall be liable— on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both; on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both. A person guilty of an offence under paragraph (g), (h) or (i) of subsection (1) above shall be liable on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or to both. A person guilty of an offence under paragraph (o) of subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. Where a person is convicted of an offence under paragraph (b) of subsection (1) above in respect of his keeping any genetically modified organism, then, if the contravention in respect of which he was convicted is continued after he was convicted he shall be guilty of a further offence and liable on summary conviction to a fine of one-fifth of level 5 on the standard scale one-fifth of the greater of £5,000 or level 4 on the standard scale for each day on which the contravention is so continued. Proceedings in respect of an offence under this section shall not be instituted in England and Wales except by the Secretary of State or with the consent of the Director of Public Prosecutions or in Northern Ireland except with the consent of the Director of Public Prosecutions for Northern Ireland.
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 lists specific criminal offences relating to genetically modified organisms (GMOs) under Part VI of the Environmental Protection Act 1990. It covers actions such as importing, acquiring, keeping, releasing, or marketing GMOs without proper consent or in breach of notification requirements, failing to comply with prohibition notices, obstructing inspectors, making false statements, and forging documents.
The section provides a defence for certain offences if the person proves they took all reasonable precautions and exercised all due diligence. Penalties depend on the offence: some carry on summary conviction a fine (up to £20,000 or the statutory maximum) and up to six months imprisonment, or on indictment up to five years imprisonment and a fine. Other offences carry up to two years imprisonment on indictment, and some carry only a fine on summary conviction. There is also a continuing daily fine for ongoing breaches of keeping GMOs.
Proceedings for these offences can only be brought by the Secretary of State or with the consent of the Director of Public Prosecutions in England and Wales.
When it applies
- You import a GMO without a consent required under section 111.
- You fail to keep a GMO in accordance with containment conditions set out in a consent.
- You intentionally obstruct an inspector who is checking your GMO facility.
- You make a false statement in an application for a GMO consent.
- You continue to keep a GMO after being convicted for failing to comply with risk assessment duties, resulting in a daily fine.
What this section does not say
- This section does not cover the requirements for obtaining a GMO consent (those are in section 111).
- It does not cover the definition of 'damage to the environment' (section 107).
- It does not cover the general duties of care for GMOs (section 109).
- It does not cover the power of the court to order the cause of the offence to be remedied (section 120).
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. 118 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.