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

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Meaning of “damage to the environment” etc.

4.—(1) Section 107 of the Act (meaning of “damage to the environment” etc.) is amended as follows.

(2) For subsection (2) (meaning of “environment”) substitute–

(2) The “environment” includes land, air and water and the living organisms supported by any of those media..

(3) In subsection (3) (meaning of “damage to the environment”) the words “to the living organisms supported by the environment” are omitted.

(4) For subsection (6) (meaning of “harm”) substitute–

(6) “Harm” means adverse effects as regards the health of humans or the environment..

(5) For subsection (9) (meaning of organism being under a person’s “control”) substitute–

(9) Organisms of any description are under the “control” of a person where that person keeps them contained by specific measure designed to limit their contact with humans and the environment and to prevent or minimise the risk of harm..

(6) For subsection (11) (meaning of “marketed”) substitute–

(11) Genetically modified organisms of any description are “marketed” when products consisting of or including such organisms are placed on the market by being made available to other persons, whether or not for consideration..

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