(2) The Scottish Ministers may, in respect of a relevant application, demand that any resulting authorisation is adjusted to ensure that genetically modified organisms are prohibited from cultivation in all or such part of Scotland as is specified in the demand.

(3) A demand under paragraph (2) must be communicated by the Scottish Ministers to the Food Standards Scotland before it determines the application.

(4) In this regulation, “relevant application” means an application for—

(a) an authorisation to place on the market genetically modified organisms under Article 5 or 17 of the Food and Feed Regulation, or

(b) renewal of an authorisation to place on the market genetically modified organisms under Article 11 or 23 of the Food and Feed Regulation.

Request for reintegration following exclusion from geographical scope

26B

(1) Where an authorisation referred to in sub-paragraph (a) or (b) of regulation 26A(4) restricts or prohibits the cultivation of genetically modified organisms in all or any part of Scotland, the Scottish Ministers may request that the authorisation is adjusted to remove or modify, insofar as they consider appropriate, any such restriction or prohibition.

(2) A request under paragraph (1) is to be made by notifying Food Standards Scotland.

Genetically modified organisms containing antibiotic resistance markers

Restrictions on cultivation

29A

(1) This regulation applies to—

(a) a consent granted by the Scottish Ministers under section 111(1) of the Act (including a renewed consent granted under that section in accordance with regulation 26),

(b) a pre-exit approved product, or

...

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Scottish Ministers may, in the circumstances prescribed in paragraph (7), do any of the following—

(a) include such limitations and conditions in the consent or renewed consent as they consider appropriate to restrict or prohibit the cultivation of genetically modified organisms in all or any part of Scotland,

(b) issue a suspension notice in respect of the consent or renewed consent,

(d) issue a suspension notice in respect of the authorisation under the Food and Feed Regulation.

(4) The effect of a suspension notice issued under paragraph (3)(b) is to suspend the operation of the consent in respect of the cultivation of a genetically modified organism for all or a specified geographical area of Scotland.

(5) The effect of a suspension notice issued under paragraph (3)(c) is to suspend, so far as it applies to the requirement in section 111(1)(a) of the Act for all or a specified geographical area of Scotland, the operation of the exemption in regulation 15(aa) (exempt activities), in respect of the cultivation of a specified pre-exit approved product.

(6) The effect of a suspension notice issued under paragraph (3)(d) is to suspend, so far as it applies to the requirement in section 111(1)(a) of the Act for all or a specified geographical area of Scotland, the operation of the exemption in regulation 15(a), in respect of the cultivation of genetically modified food or genetically modified feed authorised under the Food and Feed Regulation.

(7) The prescribed circumstances are that the Scottish Ministers are of the view that it is necessary to restrict or, as the case may be, prohibit the cultivation of a genetically modified organism, or a group of genetically modified organisms, on the basis of compelling grounds that—

(a) may include one or more of the following—

(i) environmental policy objectives,

(ii) town and country planning,

(iii) land use,

(iv) socio-economic impacts,

(v) the avoidance of the presence of genetically modified organisms in other products ...,

(vi) agricultural policy objectives,

(vii) subject to paragraph (8), public policy,

(b) are in conformity with assimilated law,

(d) are non-discriminatory, and

(e) do not conflict with the environmental risk assessment carried out pursuant to assimilated law on the deliberate release into the environment of genetically modified organisms (including the Food and Feed Regulation).

(8) Public policy can only be relied upon in combination with at least one other ground included in sub-paragraph (a)(i) to (vi) of paragraph (7).

(9) Before taking any of the actions in paragraph (3), the Scottish Ministers must—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) where they consider appropriate, in the case of a notice served under regulation 29A(3)(d), notify Food Standards Scotland, and

(10) A condition or suspension notice under paragraph (3) must not take effect until the expiry of the period of 75 days starting on the date of the notification under paragraph (9).

(11) The Scottish Ministers may amend a limitation or condition referred to in paragraph (3)(a), or a suspension notice issued under paragraph (3)(b), (c) or (d), to take account of any comments they receive prior to its coming into force.

(12) The Scottish Ministers must—

(a) communicate the limitation, condition or suspension notice , as the case may be, to ... the consent or authorisation holder without delay, and

(b) make details of the condition or suspension notice available to the public.

Removal of restrictions under regulation 29A

29B

(1) The Scottish Ministers may, at any time, do any of the following in respect of measures adopted under regulation 29A—

(a) vary a limitation or condition in a consent or renewed consent to remove or modify a restriction or prohibition on the cultivation of genetically modified organisms in all or any part of Scotland,

(b) withdraw a suspension notice in respect of a consent or renewed consent,

(d) withdraw a suspension notice in respect of an authorisation under the Food and Feed Regulation.

(2) The Scottish Ministers must notify the consent or authorisation holder of any action taken under paragraph (1) without delay.

Stop notices

30A

(1) The Scottish Ministers may serve a notice under this regulation (a “stop notice”) on any person they have reason to believe—

(a) is releasing or marketing a genetically modified organism, or has released or marketed a genetically modified organism, and the release or marketing of that organism is not—

(i) pursuant to a consent required under section 111(1) of the Act ..., ...

(ii) under and in accordance with any limitation or condition to which such a consent is subject, or

(iii) exempt from any such requirement for consent, including by virtue of not being in accordance with any limitation or condition to which the exemption is subject,

(b) is cultivating or has cultivated a genetically modified organism in contravention of a limitation or condition included in a consent to market pursuant to regulation 24(7) or a renewed consent to market pursuant to regulation 26(5),

(c) is cultivating or has cultivated a genetically modified organism in contravention of a limitation or condition included in a consent or a renewed consent pursuant to regulation 29A(3)(a), or

(d) is cultivating or has cultivated a genetically modified organism or approved product in contravention of a suspension notice issued under regulation 29A(3)(b) , (c) or (d).

(2) A stop notice served on a person may—

(a) prohibit a person from carrying out any act,

(b) require a person to cease carrying out any act,

for the purposes of ensuring, in so far as is possible, that the release, cultivation, placing on the market or marketing of the genetically modified organism is terminated.

(3) The stop notice must—

(a) state that the Scottish Ministers are, in relation to the person on whom it is served, of the belief mentioned in paragraph (1),

(b) specify, for the purposes of paragraph (2), what act is to be prohibited, required or ceased and any applicable timescale, and

(4) The Scottish Ministers must, where they consider appropriate, notify Food Standards Scotland before serving a stop notice.

(5) The Scottish Ministers may at any time vary or withdraw a stop notice served on any person by giving reasonable notice.

New information on risks of damage from marketing genetically modified organisms

PART VIA — Inspection powers, offences and service of notices

Powers of inspectors

32A

(1) For the purpose of enforcing these Regulations, an inspector may exercise any of the powers specified in this regulation.

(2) An inspector may, on producing if so required a duly authenticated document showing their authority, at all reasonable hours enter any land (excluding any premises used wholly or mainly as a private dwelling).

(3) If a sheriff, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises by an inspector under this regulation and either that—

(a) entry has been refused or a refusal is reasonably expected, and that person has given notice to the occupier of their intention to apply for an entry warrant, or

(b) a request for entry, or the giving of such a notice, would frustrate the object of entry, or entry is urgently required, or the premises are unoccupied, or the occupier is temporarily absent and it would frustrate the object of entry to await the occupier’s return,

the sheriff, may, by signed warrant, valid for a period of no more than one month, authorise that person, together with any person who may accompany an inspector by virtue of paragraph (4)(a), to enter the premises, if need be by reasonable force.

(4) An inspector may—

(a) take onto the land such other persons and such materials and equipment (including vehicles) as may be reasonably required for the purpose of assisting the inspector to exercise the power,

(b) do anything else which is reasonably required for that purpose,

(d) mark anything on the land for identification purposes,

(e) in the case of anything on the land which appears to contain or have contained a genetically modified organism-

(i) cause it to be dismantled or subjected to any process or test, or

(ii) examine it,

(f) take a photograph or any other digital record of anything on the land,

(g) require access to, inspect and take copies of, or extracts from, any information on the land,

(h) take away any information to enable it to be copied or kept as evidence,

(i) require access to, inspect and check the operation of any computer and any associated apparatus or material and, for this purpose, require any person having charge of, or otherwise concerned with the operation of, any computer, apparatus or material to give the inspector such assistance as the inspector may reasonably require,

(j) where information is kept by means of a computer, require it to be produced in a form in which it can be taken away.

(5) If an inspector causes damage in exercising the power, they must take reasonable steps to remedy the damage.

(6) If an inspector enters unoccupied land in exercising the power, the inspector must leave the land as effectively secured against unauthorised entry as the inspector found it.

(7) In this regulation, “inspector” means a person appointed by the Scottish Ministers.

(8) In this regulation, “sheriff” includes a summary sheriff.

Offences and penalties

32B

(1) A person commits an offence if that person—

(a) contravenes anything required of that person in a stop notice,

(b) obstructs an inspector (or a person accompanying an inspector and acting under the inspector’s instructions) in exercise of the power conferred by regulation 32A,

(c) supplies to an inspector (or a person accompanying an inspector and acting under the inspector’s instructions) any information knowing it to be false or misleading,

(d) cultivates a genetically modified organism in contravention of a limitation or condition included in a consent to market pursuant to regulation 24(7) or a renewed consent to market pursuant to regulation 26(5),

(e) cultivates a genetically modified organism in contravention of a limitation or condition included in a consent or a renewed consent pursuant to regulation 29A(3)(a), or

(f) cultivates a genetically modified organism or approved product in contravention of a suspension notice issued under regulation 29A(3)(b),(c) or (d).

(2) It is a defence for a person charged with an offence under paragraph (1) to show that they took all reasonable precautions and exercised all due diligence to avoid committing that offence.

(3) A person who commits an offence under paragraph (1) is liable—

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a terms not exceeding 2 years or both.

Individual culpability for offending by an organisation

32C

(1) Paragraph (2) applies where—

(a) an offence under these regulations is committed by a relevant organisation, and

(b) the commission of the offence involves the consent or connivance of, or is attributable to the neglect of—

(i) a responsible official of the organisation, or

(ii) an individual purporting to act in the capacity of a responsible official.

(2) The responsible official (or, as the case may be, the individual purporting to act in that capacity) as well as the organisation, commits the offence.

(3) “Relevant organisation” means—

(a) a company,

(b) a partnership (including a limited liability partnership),

(4) “Responsible official” means—

(a) in the case of a company—

(i) a director, secretary, manager or similar officer, or

(i) where the affairs of the company are managed by its members, a member,

(b) in the case of a limited liability partnership, a member,

(d) in the case of another body or association, a person who is concerned in the management or control of its affairs.

Service of notices

32D

(1) Any notice required to be given to any person by the Scottish Ministers by virtue of these Regulations may be given by—

(a) delivering it to that person,

(b) leaving it at that person’s proper address,

(d) sending it by email to that person’s last known email address.

(2) For the purposes of paragraph (1)(a), a notice is delivered to—

(a) a body corporate where it is given to a relevant individual within that body,

(b) a partnership where it is given to a partner or a person having control or management of the partnership, and

(c) an unincorporated association where it is given to an officer or a member of the governing body of the association or any other person having management responsibilities in respect of the association.

(3) For the purposes of paragraph (1)(b) and (c) and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, “proper address” means—

(a) in the case of a body corporate, the registered office (if it is in the United Kingdom) or the principal office of the body in the United Kingdom,

(b) in the case of a partnership, the principal office of the partnership,

(d) in any other case, a person’s last known address.

(4) For the purposes of paragraph (1)(d), a notice is sent to an email address of—

(a) a body corporate, where it is sent to an email address of—

(i) the body corporate, or

(ii) a relevant individual within that body,

where that address is supplied by that body for the conduct of the affairs of that body,

(b) a partnership, where it is sent to an email address of—

(i) the partnership, or

(ii) a partner or person having control or management of that partnership,

where that address is supplied by that partnership for the conduct of the affairs of the partnership,

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The Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002

Transitional measures for adventitious or technically unavoidable presence of genetically modified material which has benefited from a favourable risk evaluation.

17A

Applications for renewal of consent to market

Demand for the adjustment of geographical scope of consent or authorisation in respect of cultivation of genetically modified organisms

26A