An inspector may after entering premises under regulation 39—
(a) inspect the premises or any part thereof;
(b) search the premises or any part thereof;
(c) examine, search and seize property on or in the premises;
(d) take copies of documents while on or in the premises;
(e) take photographs while on or in the premises;
(f) take samples of any material, substance, item or object on or in the premises;
(g) impose requirements connected with the reason for the inspection;
(h) require any person to provide information connected with the reason for the inspection.
41 Powers of entry and inspection - supplementary provisions
(1) An inspector may be accompanied by such other persons as the inspector considers necessary in carrying out their functions under this Part.
(2) An inspector who, under regulation 39, enters any premises which are unoccupied or from which the occupier is temporarily absent must leave the premises as effectively secured as they were before entry.
(3) The owner or occupier of the premises or such other person in control of the premises, or the employee or agent of the owner or occupier or person in control of the premises, must provide such assistance as the inspector may reasonably require.
(1) For the purposes of the Act and these Regulations, the following matters are treated as relevant breaches—
(a) obstructing an inspector;
(b) providing false information to an inspector;
(c) impersonating an inspector.
(2) Where a person has failed to comply with a Part 3 obligation due to an act or default of some other person, that other person may be treated as having failed to comply with the Part 3 obligation.
(3) Enforcement notices may be issued against the other person referred to in paragraph (2) whether or not an enforcement notice is issued against the first-mentioned person.
(1) A failure to comply with a Part 3 obligation is not to be regarded as a relevant breach by a person where that person can prove that they took all reasonable precautions and exercised all due diligence to avoid the failure to comply with the Part 3 obligation by themselves or by a person under their control.
(2) In paragraph (1), a person who neither—
(a) prepared the food or feed in respect of which the relevant breach is alleged to have occurred, nor
(b) imported it into Great Britain,
is to be taken to have established the defence in paragraph (1) if they satisfy the requirements in paragraphs (3) or (4).
(3) A person satisfies the requirements of this paragraph if they can prove—
(a) that the failure to comply with the Part 3 obligation was due to an act or default of another person who was not under their control, or due to reliance on information supplied by such a person,
(b) that they carried out all such checks of the food or feed in question as were reasonable in all the circumstances or that it was reasonable in all the circumstances for them to rely on checks carried out by the person who supplied the food or feed to them, and
(c) that they did not know and had no reason to suspect at the time of the alleged failure to comply with the Part 3 obligation that the act or omission would amount to a failure to comply with the Part 3 obligation.
(4) A person satisfies the requirements of this paragraph if they can prove—
(a) that the failure to comply with the Part 3 obligation was due to an act or default of another person who was not under their control, or due to reliance on information supplied by such a person,
(b) that the sale or intended sale giving rise to the alleged failure to comply with a Part 3 obligation was not a sale or intended sale under their name or mark, and
(c) that they did not know, and could not reasonably have been expected to know, at the time of the alleged failure to comply with the Part 3 obligation that the act or omission would amount to a failure to comply with the Part 3 obligation.
(5) A failure to comply with a Part 3 obligation is not to be regarded as a relevant breach by a person where that person can prove—
(a) that they are a person whose business it is to publish or arrange for the publication of advertisements, and
(b) that they received the advertisement in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to a failure to comply with a Part 3 obligation.
(1) An inspector may issue either of the following enforcement notices in accordance with this Part to a person in relation to a relevant breach—
(a) a compliance notice;
(b) a stop notice.
(2) A monetary penalty notice may be issued to a person in relation to a relevant breach by—
(a) as regards a Part 2 obligation, the Secretary of State;
(b) as regards a Part 3 obligation, an inspector.
(1) An enforcement notice issued under regulation 44 must state—
(a) the grounds for issuing the notice, which must include—
(i) the relevant obligation to which the relevant breach relates, and
(ii) the matters which constitute the failure to comply with that obligation in the opinion of the person issuing the notice;
(b) the person’s rights to require a review of or appeal against the notice;
(c) the consequences of a failure to comply with the notice.
(2) A notice issued under this Part may be revoked or varied—
(a) by the Secretary of State, in the case of a monetary penalty notice issued by the Secretary of State;
(b) by an inspector, in any other case.
(1) A compliance notice issued under regulation 44(1)(a) may be issued only where the inspector issuing the notice is satisfied that the person to whom it is issued has committed or is committing a relevant breach.
(2) The steps specified in the compliance notice must be steps that the inspector considers will ensure that the relevant breach does not continue or recur.
(3) The period specified in the compliance notice within which the specified steps must be taken must be not less than 14 days beginning with the day on which the notice is issued.
(1) A stop notice issued under regulation 44(1)(b) may be issued only where the inspector issuing the notice reasonably believes that the person to whom it is issued has committed or is likely to commit a relevant breach.
(2) Any steps specified in a stop notice issued to a person must be steps that the inspector issuing the stop notice considers will ensure that the specified activity will be carried on in a way that does not involve the person committing a relevant breach.
(3) Where the Secretary of State considers it necessary or expedient to enforce the stop notice, the Secretary of State may apply to the court for an injunction.
(1) The Secretary of State or an inspector, as the case may be, may issue a monetary penalty notice under regulation 44(2) only where satisfied that the person to whom it is issued has committed a relevant breach.
(2) The amount of any monetary penalty must be determined by the Secretary of State or an inspector, as the case may be.
(3) The monetary penalty notice must state—
(a) how payment may be made;
(b) the period within which payment must be made;
(c) the consequences of late payment or failure to pay, including liability for interest under paragraph (4).
(4) Interest is payable on the amount of any monetary penalty for each day beginning with the day after the last day for payment specified in the notice to the day on which the sum specified in the monetary penalty notice is paid.
(5) For the purposes of paragraph (4), the rate of interest applicable on any day is one percentage point above the Bank of England base rate.
(6) In this regulation, and regulation 51, “Bank of England base rate” means—
(a) except where sub-paragraph (b) applies, the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the date at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or
(b) if an order under section 19 of the Bank of England Act 1998 (reserve powers) is in force, any equivalent rate determined by the Treasury under that section.
(7) Amounts payable under this regulation, including the monetary penalty and any interest for late payment, are recoverable as a civil debt.
(1) A person to whom an enforcement notice is issued under this Part may require the Secretary of State to review the decision to issue the notice.
(2) A request for a review under paragraph (1) must be made before the end of the period of 28 days beginning with the day on which the notice is issued.
(3) The grounds for a review under paragraph (1) are—
(a) that the decision was based on an error of fact;
(b) that the decision was wrong in law;
(c) in the case of a compliance notice or a stop notice, that any steps specified in the notice were unreasonable;
(d) in the case of a stop notice, that the person to whom it was issued had not committed the relevant breach and would not have done so had the notice not been issued;
(e) in the case of a monetary penalty notice, that the amount of the penalty was unreasonable;
(f) that the decision was unreasonable for any other reason.
(4) The Secretary of State may give due regard to any additional information or evidence provided by the person making the request under paragraph (1).
(5) On review of an enforcement notice, the Secretary of State must—
(a) decide whether to uphold, vary or revoke the notice;
(b) give notice to the person who requested the review, within a reasonable period, setting out—
(i) the Secretary of State’s decision, and
(ii) the reasons for that decision;
(c) where relevant, inform the person of the right to appeal to the First-tier Tribunal.
(6) The Secretary of State may suspend the operation of any compliance notice or monetary penalty notice to which the review relates pending the outcome of the review.
(1) If the person who requested a review under regulation 49(1) is not satisfied with the outcome of the review, that person may appeal the decision to issue the notice to the First-tier Tribunal.
(2) An appeal must be made before the end of the period of 28 days beginning with the day on which the notice under regulation 49(5) is issued.
(3) The grounds for an appeal under paragraph (1) are —
(a) that the decision was based on an error of fact;
(b) that the decision was wrong in law;
(c) in the case of a compliance notice or stop notice, that any steps specified in the notice were unreasonable;
(d) in the case of a stop notice, that the person to whom it was issued had not committed the relevant breach and would not have done so had the notice not been issued;
(e) in the case of a monetary penalty notice, that the amount of the penalty was unreasonable;
(f) that the decision was unreasonable for any other reason.
(4) The First-tier Tribunal may—
(a) uphold the enforcement notice;
(b) vary the enforcement notice;
(c) revoke the enforcement notice;
(d) take such steps as the Secretary of State, or an inspector, as the case may be, could take in relation to the notice;
(e) remit the decision whether to confirm the notice, or any matter relating to that decision, to the Secretary of State.
(5) The operation of any compliance notice or monetary penalty notice to which the appeal relates is suspended pending the outcome of the appeal.
(1) An appropriate authority may issue a costs notice requiring a person to pay the costs incurred by the authority in relation to an enforcement notice up to the time of its issue.
(2) “Costs” include—
(a) investigation costs;
(b) administration costs;
(c) costs of obtaining expert advice (including legal advice).
(3) Interest is payable on the amount of any costs notice for each day from the end of the period for payment beginning with the day specified in the notice to the day on which the sum specified in the costs notice is paid.
(4) For the purposes of paragraph (3), the rate of interest applicable on any day is one percentage point above the Bank of England base rate.
(5) A person to whom a costs notice is issued may require the person issuing it to provide a detailed breakdown of the amount in paragraph (2).
(6) A person to whom a costs notice is issued is not liable to pay any costs which that person shows to have been unnecessarily incurred.
(7) Amounts payable by virtue of this regulation, including the costs and any interest for late payment, are recoverable as a civil debt.
(1) A person to whom a costs notice has been issued may—
(a) require the Secretary of State to review a relevant decision, and
(b) if not satisfied with the outcome of the review, appeal against the relevant decision in accordance with paragraph (5).
(2) The grounds on which a review may be required or an appeal brought are—
(a) in the case of a decision as to the amount of the costs, that the amount includes any amount referable to any costs unnecessarily incurred;
(b) that the decision was based on an error of fact;
(c) that the decision was wrong in law;
(d) that the decision was unreasonable for any other reason.
(3) A review under paragraph (1)(a) must be requested in writing within 28 days beginning with the day the costs notice is issued.
(4) On review of a costs notice, the Secretary of State must—
(a) decide whether to uphold, vary or revoke the costs notice;
(b) give notice to the person who requested the review, within a reasonable period, setting out—
(i) the Secretary of State’s decision, and
(ii) the reasons for that decision;
(c) where relevant, inform the person of the right to appeal to the First-tier Tribunal.
(5) An appeal under paragraph (1)(b) must be made to the First-tier Tribunal before the end of the period of 28 days beginning with the day on which the review decision is made pursuant to paragraph (1)(a).
(6) The operation of any costs notice is suspended where an appeal is brought under this regulation pending the outcome of the appeal.
In these Regulations, a notice or other document—
(a) is to be given or issued in writing which includes by electronic means;
(b) is, if the sender receives a dated confirmation of receipt from the intended recipient, either through an automated email response if received by email or by otherwise sending an email acknowledgement of receipt to the sender, to be treated as being received.
(1) The Genetically Modified Organisms (Deliberate Release) Regulations 2002 are amended as follows—
(a) in regulation 2, omit the definition of “qualifying higher plant”;
(b) in regulation 9, for the heading substitute “Exempt Activities”;
(c) omit regulations 9A, 9B and Schedule 3A;
(d) in regulation 34, omit paragraph (1A);
(e) in regulation 35, omit paragraph (A1).
(2) The Genetically Modified Organisms (Deliberate Release) (Amendment) (England) Regulations 2022 are revoked.
Schedule 1 Information that must be provided to the Secretary of State in a release notice
Regulation 3(5)
1 Name, address, telephone number and email address of the person who is proposing to release the precision bred organism from under their control in accordance with regulation 3(2)(a).
2 Where the person whose details are provided in paragraph 1 is a legal person, the name, position, address, telephone number and email address of a natural person who is an employee or agent of that organisation who may be contacted in relation to the release notice in accordance with regulation 3(2)(b).
3 A description of any persons assisting in the release of precision bred organisms in accordance with regulation 3(2)(c) which may include, but is not limited to, whether research institutes or farmers have been contracted to assist in field trials in connection with the release.
4 A general description of the precision bred organism in accordance with Schedule 3.
5 Confirmation that the person named in paragraph 1—
(a) will put in place appropriate measures, as necessary, to prevent material from the precision bred organism being marketed until such time as a precision bred confirmation is issued in respect of the organism, and
(b) has assessed that all organisms covered by the release notice meet the criteria for a precision bred organism set out in section 1(2) of the Act (precision bred organism).
Schedule 2 Information that must be provided to the Secretary of State in a marketing notice
Regulation 5(2)
1 Name, organisation name, address, telephone number and email address of the person with overall responsibility for marketing the precision bred organism.
2 Where the person whose details are provided in paragraph 1 is a legal person, the name, position, address, telephone number and email address of a natural person who is an employee or agent of that organisation who may be contacted in relation to the marketing notice.
3 A general description of the precision bred organism in accordance with Schedule 3.
4 A description of the intended use of the precision bred organism.
5 Information about intended genetic changes made to the precision bred organism resulting from the application of modern biotechnology including—
(a) the details of genetic changes made;
(b) the location of genetic changes;
(c) the stability of genetic changes;
(d) when a genetic change involves the insertion of any genetic material, a description of all the genetic elements inserted and the organism from which they originated;
(e) the purpose of the genetic changes described in sub-paragraphs (a) to (d), including how they alter the characteristics of the precision bred organism.
6 Information about any unintended genetic changes made to the precision bred organism resulting from the application of modern biotechnology, if present, including—
(a) the details of genetic changes made;
(b) the location of genetic changes;
(c) the stability of genetic changes.
7 Information about—
(a) the analysis and procedures used to check for unintended genetic changes;
(b) the processes used to remove unintended genetic changes, where this was undertaken.
8 A description of how intended genetic changes described in paragraph 5 were introduced into the precision bred organism, including—
(a) which techniques of modern biotechnology were used;
(b) information about any transgenic intermediates used.
9 A description of the analysis and procedures used to confirm the precision bred organism contains only genetic sequences that could arise by traditional processes.
10 Where a marketing notice serves as a marketing notice in relation to other precision bred organisms under regulation 5(4), information about those other organisms, including—
(a) the total number of precision bred organisms being notified;
(b) confirmation that all the other precision bred organisms meet the criteria set out in regulation 5(4);
(c) descriptions of any variation in intended genetic changes introduced to the other precision bred organisms, as set out in paragraph 5;
(d) descriptions of any variation in unintended genetic changes introduced to the other precision bred organisms, as set out in paragraph 6.
Regulation 3(5) and 5(2)
Details of the precision bred organism
1 The genus and species.
2 The intended alterations to characteristics of the organism.
3 The types of genetic changes introduced to cause the alterations described in paragraph 2.
4 The techniques of modern biotechnology used to make the genetic changes described in paragraph 3.
Schedule 4 Information that must be provided to the Food Standards Agency in a food and feed marketing authorisation application
Regulations 20(3) and 22(2)
1 (1) The name, organisation name, address, telephone number and email address of the applicant.
(2) If the applicant is not established in Great Britain, the name, organisation name, address, telephone number and email address of a person established in Great Britain who is the representative of the applicant.
(3) Complete, unredacted copies of the following—
(a) the marketing notice applicable to the precision bred organism which is the subject of the application;
(b) the required information provided under Schedule 2 in the marketing notice;
(c) the precision bred confirmation issued by the Secretary of State under section 8 of the Act;
(d) where the precision bred confirmation covers the confirmation of more than one precision bred organism, a list of the precision bred organisms to which the application relates and the corresponding genetic changes to each precision bred organism.
(4) With respect to the information provided under paragraphs 5 and 6 of Schedule 2 in the marketing notice, a description of how the genetic change introduced to the precision bred organism to which the application relates affects the edible part of the organism, including information on—
(a) how the genetic change may affect the use of the organism in food and feed;
(b) which parts of the organism are destined for use in food and feed;
(c) a description of the intended use of the precision bred organism in food and feed.
(5) Statements to demonstrate how the applicant has reached the conclusions in relation to the precision bred organism for each of the criteria set out in paragraphs (1)(b) and (c) of regulation 20 including accompanying descriptive text setting out the applicant’s key considerations and justification in respect of each criterion.
(6) If the applicant is making a request under regulation 34 that information be considered commercially confidential—
(a) a statement setting out the information which the applicant wishes to be treated as commercially confidential;
(b) an explanation as to why disclosure of such information would, or would be likely to, prejudice the commercial interests of any person, or is a trade secret.
2 Additionally, in relation to an application under regulation 22, where the applicant reasonably concludes that one or more of the criteria in paragraph (1)(b) and (c) of regulation 20 does not, or may not, apply to the precision bred organism—
(a) statements to explain why those criteria do not, or may not apply to the precision bred organism;
(b) complete, unredacted copies of the supporting evidence used by the applicant to make the explanatory statements in sub-paragraph (a) in relation to the precision bred organism which evidence may include, but is not limited to, test results, scientific analyses, data studies, surveys or scientific records.
Schedule 5 Consequential Amendments to legislation relating to precision bred organism
Regulation 54
Part 1 Amendment of assimilated direct legislation
Amendment to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed
1 (1) Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed is amended as follows.
(2) In Article 2, in point 5, after the second reference to “Directive 2001/18 EC”, insert “and, in relation to England, excluding precision bred plants”.
(3) At the end of Article 2, insert—
25. ‘precision bred plant’ has the same meaning as in section 1, as read with section 2(1), of the Genetic Technology (Precision Breeding) Act 2023.
.
Amendment to Regulation (EC) No 1830/2003 of the European Parliament and of the Council concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms, etc.
2 (1) Regulation (EC) No 1830/2003 of the European Parliament and of the Council concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms, etc. is amended as follows.
(2) After Article 2(2), insert—
3. In relation to England, this Regulation does not apply to—
(a) products consisting of, or containing, precision bred plants placed on the market in accordance with Part 2 of the Genetic Technology (Precision Breeding) Act 2023 and regulations made under it;
(b) food and feed produced from precision bred plants placed on the market in accordance with Part 3 of the Genetic Technology (Precision Breeding) Act 2023 and regulations made under it.
.
(3) In Article 3—
(a) in point 1, after the second reference to “Directive 2001/18/EC”, insert “and, in relation to England, excluding precision bred plants”;
(b) after point 15, insert—
16. ‘Precision bred plant’ has the same meaning as in section 1, as read with section 2(1), of the Genetic Technology (Precision Breeding) Act 2023.
.
Amendment to Regulation (EC) No 1946/2003 of the European Parliament and of the Council on transboundary movements of genetically modified organisms
3 (1) Regulation (EC) No 1946/2003 of the European Parliament and of the Council on transboundary movements of genetically modified organisms is amended as follows.
(2) After Article 2(2), insert—
3. In relation to England, precision bred plants are excluded from the scope of this Regulation.
.
(3) At the end of Article 3, insert—
25. ‘precision bred plant’ has the same meaning as in section 1, as read with section 2(1), of the Genetic Technology (Precision Breeding) Act 2023.
.
Amendment to Regulation (EC) 1332/2008 of the European Parliament and of the Council on food enzymes, etc.
4 (1) Regulation (EC) 1332/2008 of the European Parliament and of the Council on food enzymes, etc. is amended as follows.
(2) In the heading to Article 8, at the end, insert “or, in relation to England, the Genetic Technology (Precision Breeding) Act 2023”.
(3) After Article 8(2), insert—
3. In relation to England, a food enzyme falling within the scope of the Genetic Technology (Precision Breeding) Act 2023 may be authorised in accordance with this Regulation only when it is covered by a food and feed marketing authorisation under Part 3 of that Act.
4. In relation to England, when a food enzyme that is already authorised is produced from a different source falling within the scope of the Genetic Technology (Precision Breeding) Act 2023, it will not require a new authorisation under this Regulation, as long as the new source is covered by a food and feed marketing authorisation under Part 3 of that Act and the food enzyme complies with the specifications established under this Regulation.
.
Amendment to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives
5 (1) Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives is amended as follows.
(2) In the heading of Article 13, at the end, insert “or, in relation to England, the Genetic Technology (Precision Breeding) Act 2023”.
(3) After Article 13(2), insert—
3. In relation to England, a food additive falling within the scope of the Genetic Technology (Precision Breeding) Act 2023 may be authorised in accordance with this Regulation only when it is covered by a food and feed marketing authorisation under Part 3 of that Act.
4. In relation to England, when a food additive that is already authorised is produced from a different source falling within the scope of the Genetic Technology (Precision Breeding) Act 2023, it will not require a new authorisation under this Regulation, as long as the new source is covered by a food and feed marketing authorisation under Part 3 of that Act and the food additive complies with the specifications established under this Regulation.
.
Amendment to Regulation (EC) No 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods, etc.
6 (1) Regulation (EC) No 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods, etc. is amended as follows.
(2) In the heading of Article 12, at the end, insert “or, in relation to England, the Genetic Technology (Precision Breeding) Act 2023”.
(3) After Article 12(2), insert—
3. In relation to England, a flavouring or source material falling within the scope of the Genetic Technology (Precision Breeding) Act 2023 may be authorised in accordance with this Regulation only when it is covered by a food and feed marketing authorisation under Part 3 of that Act.
4. In relation to England, when a flavouring that is already authorised is produced from a different source falling within the scope of the Genetic Technology (Precision Breeding) Act 2023, it will not require a new authorisation under this Regulation, as long as the new source is covered by a food and feed marketing authorisation under that Act and the flavouring complies with the specifications established under this Regulation.
.
Amendment to Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, etc.
7 (1) Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, etc. is amended as follows.
(2) In Article 2(2)—
(a) in point (g), omit “and”;
(b) after point (h), insert—
(i) in relation to England, the Genetic Technology (Precision Breeding) Act 2023 and regulations made under it.
.
Amendment to Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, etc.
8 (1) Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, etc. is amended as follows.
(2) In Article 3—
(a) at the end of paragraph 16, insert “but, in relation to England, does not include precision bred plants”;
(b) after paragraph 34, insert—
35. ‘precision bred plant’ has the same meaning as in section 1, as read with section 2(1), of the Genetic Technology (Precision Breeding) Act 2023.
.
Amendment to Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals (recast)
9 (1) Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals (recast) is amended as follows.
(2) After Article 2(2)(g), insert—
(ga) in relation to England, precision bred plants.
;
(3) After Article 3(26), insert—
27. ‘precision bred plant’ has the same meaning as in section 1, as read with section 2(1), of the Genetic Technology (Precision Breeding) Act 2023.
.
Amendment to Commission Regulation (EU) No 68/2013 on the Catalogue of feed materials
10 (1) Commission Regulation (EU) No 68/2013 on the Catalogue of feed materials is amended as follows.
(2) In the Annex—
(a) in Part A, in point (2), at the end of the first sentence, insert “and, in relation to England, to the Genetic Technology (Precision Breeding) Act 2023 for feed materials that are or are produced from precision bred plants or result from a fermentation process involving precision bred plants. In this Annex, “precision bred plants” has the same meaning as in section 1, as read with section 2(1), of the Genetic Technology (Precision Breeding) Act 2023”;
(b) in Part C, in chapter 12, after the first sentence, insert “In relation to England, feed materials listed in this chapter that are or are produced from precision bred plants, or result from a fermentation process involving precision bred plants, must be compliant with the Genetic Technology (Precision Breeding) Act 2023.”.
Amendment to Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species
11 (1) Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species is amended as follows.
(2) After Article 2(2)(b), insert—
(ba) in relation to England, precision bred plants within the meaning of section 1, as read with section 2(1), of the Genetic Technology (Precision Breeding) Act 2023;
.
Amendment to Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods, etc
12 (1) Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods, etc. is amended as follows.
(2) After Article 2(2)(a), insert—
(aa) within England, food produced from precision bred plants within the meaning of section 1, as read with section 2(1), and section 30(2), of the Genetic Technology (Precision Breeding) Act 2023;
.
Part 2 Amendment of subordinate legislation that applies in Great Britain
Amendment to the Genetically Modified Organisms (Contained Use) Regulations 2014
13 (1) The Genetically Modified Organisms (Contained Use) Regulations 2014 are amended as follows.
(2) After regulation 3(2)(c), insert—
(d) in relation to England, a precision bred plant is released or marketed in cases or circumstances in which the notification or authorisation of the Secretary of State is required under the following provisions of the Genetic Technology (Precision Breeding) Act 2023—
(i) section 4 (release of precision bred organism),
(ii) section 5 (marketing of precision bred organism),
(iii) section 26 (regulation of food or feed produced from precision bred organisms).
.
(3) After regulation 3(6), insert—
(7) In paragraph (2)(d), “precision bred plants” means precision bred plants as defined in section 1, as read with section 2(1), of the Genetic Technology (Precision Breeding) Act 2023.
.
Part 3 Amendment of subordinate legislation that applies in England
Amendment to the Environmental Damage (Prevention and Remediation) (England) Regulations 2015
14 (1) The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 are amended as follows.
(2) At the end of paragraph 9(2) of Schedule 2, insert “excluding precision bred plants within the meaning of section 1, as read with section 2(1), of the Genetic Technology (Precision Breeding) Act 2023.”.