The Genetically Modified Organisms (Traceability and Labelling) (England) Regulations 2004
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The Secretary of State for Environment, Food and Rural Affairs, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the control and regulation of genetically modified organisms, in exercise of the powers conferred on her by that section, makes the following Regulations: Title, commencement, extent and application 1. - (1) These Regulations may be cited as the Genetically Modified Organisms (Traceability and Labelling) (England) Regulations 2004 and shall come into force on 8th October 2004. (2) These Regulations extend to England and Wales but shall apply to England only. Interpretation 2. - (1) In these Regulations -
(b) where there is not a unitary authority -
(ii) in a non-metropolitan district, the council of that county; or (iii) in each London borough, the council of that borough; (c) where there is a Port Heath Authority, that authority in
addition to the authority specified in (a) or (b) above;
(2) Expressions in these Regulations which
are not defined in paragraph (1) and which appear in or are referred
to in the Council Regulation have the same meaning in these
Regulations as they have for the purposes of the Council
Regulation.
(b) by the Secretary of State and by the local authority acting jointly. Appointment of inspectors
(b) an inspector under -
(ii) part VI of the Environmental Protection Act 1990[8] having effect at the coming into force of these Regulations shall
have effect as if it were an appointment of that officer or
inspector as an inspector for the purpose of these
Regulations. Rights of entry
(ii) to take with him any equipment or materials required for any purpose for which the power of entry is being exercised; (b) to carry out such tests and inspections (and to make such
recordings), as may in any circumstances be necessary;
(ii) in the case of food or feed, to be produced from genetically modified organisms and regarding which the inspector has reasonable cause to believe that the information specified in article 5(1) of the Council Regulation has not been transmitted to the operator receiving the product, to take possession of it and detain it for so long as is
necessary for all or any of the following purposes,
namely -
(bb) to ensure that it is not tampered with before his examination of it is completed; and (cc) to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations; (f) to require any person whom he has reasonable cause to believe
to be able to give any information relevant to any test or
inspection under this paragraph to answer (in the absence of persons
other than a person nominated to be present and any persons whom the
inspector may allow to be present) such questions as the inspector
thinks fit to ask and to sign a declaration of the truth of his
answers; (4) Where under the power conferred by
paragraph (3)(e) above an inspector takes possession of any product
found on any premises, he shall leave there, either with a responsible
person or, if that is impracticable, fixed in a conspicuous position,
a notice giving particulars sufficient to identify what he has seized
and stating that he has taken possession of it under that power; and
before taking possession under that power of -
(b) any substance, an inspector shall, if it is practical 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.
(ii) food or feed produced from genetically modified organisms, or (b) to be about to become, or to have been, involved in either of
those activities, require that person to furnish such relevant information available
to him as is specified in the notice, in such form and within such
period following service of the notice as is so
specified.
(b) where the product has been placed on the market prior to the date of the notice, require the withdrawal of the product within such period as the inspector may reasonably believe to be necessary; (c) prohibit the removal of the product from the premises described in the notice other than to enable the product to be labelled correctly; or (d) require the product to be labelled in accordance with the Council Regulation within such period as the inspector may reasonably believe to be necessary. (2) The notice may contain such conditions
as the inspector is satisfied are reasonable and may be amended,
suspended or revoked by further notice in writing at any
time.
(b) to obstruct an inspector in the exercise of a power conferred by regulation 5; (c) without reasonable excuse to fail to comply with any requirement imposed under regulation 5; (d) without reasonable excuse to fail to comply with a request made under regulation 5(3)(g) or regulation 6; (e) without reasonable excuse to fail to comply with the requirements of a notice issued under regulation 7; (f) knowingly or recklessly to make a statement or furnish any information that is false or misleading in a material particular where the statement is made or the information is furnished in purported compliance with -
(ii) a request of an inspector made for a purpose in connection with the execution or enforcement of these Regulations; or (g) intentionally to make a false entry in any record required to
be kept under a specified Community provision. (2) It shall be a defence for a person
charged with an offence under regulation 8(1)(a) to prove that he took
all reasonable precautions and exercised all due diligence to avoid
the commission of the offence by himself or by a person under his
control.
(b) in the case of an incorporated body, by delivering it to the secretary or clerk at the registered or principal office, or by sending it by post to him at that office; (c) in the case of a partnership (other than a limited liability partnership), by delivering it to a partner or person having the control or management of the partnership business, or by sending it by post to him at the registered or principal office of that partnership; (d) in the case of a limited liability partnership, by delivering it to a member of the limited liability partnership, or by sending it by post to him at the registered or principal office of that partnership; (e) in the case of any other person, by leaving it, or sending it by post to him, at his usual or last known address; or (f) where an address for service using electronic communications has been given by that person, sending it using electronic communications to that person at that address. (3) Where a notice is to be served on the
occupier of any premises and it is not practicable after reasonable
enquiry to ascertain the name and address of the person to or on whom
it should be served, or the premises are unoccupied, the document may
be given or served by addressing it to the person concerned by the
description of "occupier" of the premises (naming them)
and -
(b) if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises. (4) Where a notice is served using
electronic communications, the service is deemed to be effected by
properly addressing and transmitting the electronic
communication. Regulation 2(1)
(This note is not part of the Regulations) These Regulations make provision as respects England, for the execution and enforcement of Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC (OJ No. L 268, 18.10.2003, p.24). The Regulations come into force on 8th October 2004. Regulation 3 provides for the enforcement of the Regulations and the specified Community provisions (the provisions of Regulation (EC) No. 1830/2003 specified in the Schedule). Regulation 4 make provision for the appointment of inspectors. Regulation 5 provides powers of entry, including the power to carry out tests and inspections and to take samples. Regulation 6 enables inspectors to require the provision of information. Regulation 7 provides for the service by inspectors of notices dealing with incorrectly labelled products. Regulation 8 makes it an offence to contravene the specified Community provisions; to obstruct inspectors in the exercise of powers under these Regulations; and to give false information; and sets out a due diligence defence in respect of the contravention of the specified Community provisions. Regulation 9 makes provision for offences committed due to the fault of another person. Regulation 10 makes provision for offences committed by corporate bodies. Regulations 11 and 12 prescribe penalties and specify time limits for bringing prosecutions. A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from GM Controls Unit, DEFRA, Zone G/9, Ashdown House, 123 Victoria Street, London SW1E 6DE. Notes: [1] S.I. 1991/755.back [3] OJ No. L268, 18.10.2003 p.24.back [4] 2000 c. 7; the definition of electronic communications in section 15(1) was amended by the Communications Act 2003 (c. 21), section 406(1) and Schedule 17, paragraph 158.back [5] S.I. 1994/867, to which there are amendments not relevant to these Regulations.back [6] 1990 c. 16. Functions formerly exercisable by "the Ministers" (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28).back
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