Health, Safety and Environment Legislation: A Pocket Guide

Chapter 9: Genetically Modified Organisms

9.1 Deliberate Release and Marketing

LEGISLATION

  • Environmental Protection Act Part VI Genetically Modified Organisms.

  • Genetically Modified Organisms (Deliberate Release) Regulations 2002 (SI 2002 No. 2443).

KEY DATES

  • In force from 17/10/02.

PURPOSE

  • To ensure all appropriate measures are taken to avoid damage to the environment which may arise from the escape or release from human control of genetically modified organisms (GMOs).

APPROACH

  • Imposes a requirement to obtain consent for deliberate release of GMOs.

  • Consent also required for marketing of GMOs.

REGULATORY AUTHORITY

  • Secretary of State for the Environment, Food and Rural Affairs

COVERAGE

  • England and Wales only.

  • Organism is widely defined in the Environmental Protection Act 1990 (EPA).

  • An organism is 'genetically modified' if any of the genes or other genetic material in the organism:

    • Have been artificially modified, or

    • Are inherited or otherwise derived, through any number of replications, from genes or other genetic material (from any source) which were so modified.

  • Higher plant means a plant belonging to the taxonomic group Spermalophytae (Gymnospermae or Angiospermae).

  • Exemptions for marketing consent requirement for GMOs include an approved product which is marketed for a use for which it has approval and GMOs used exclusively for activities covered by the Genetically Modified Organisms (Contained Use) Regulations 2000.

COMPLIANCE REQUIREMENTS

  • Must obtain a consent for the release of GMOs in all cases and circumstances in which GMOs are intended to be released.

  • Must obtain a consent for the marketing of GMOs in all cases and circumstances in relation to the marketing...

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