Genetic Technology (Precision Breeding) Act 2023

Release

3 Restrictions on release of precision bred organism in England

(1) A person who has a precision bred organism under their control must not release the organism in England unless—

(a) the following apply—

(i) the notification requirements are satisfied in relation to the release (see section 4),

(ii) the person is a person specified in the release notice under section 4(2), and

(iii) the release is carried out in accordance with the release notice, or

(b) the organism is—

(i) a marketable precision bred organism (see section 5(2)), or

(ii) the qualifying progeny of a marketable precision bred organism (see section 24).

(2) For the purposes of this Act an organism is under a person’s “control” if the person keeps it contained by measures designed to—

(a) limit its contact with humans and the environment, and

(b) prevent or minimise the risk of adverse effects as regards the health of humans or the environment.

(3) For the purposes of this section and section 4, a person “releases” an organism under their control by deliberately causing or permitting it to—

(a) cease to be under their control or the control of anyone else, and

(b) enter the environment.

4 Release of precision bred organism: notification requirements

(1) The notification requirements are satisfied in relation to the release of an organism if—

(a) a person has given a notice (a “release notice”) to the Secretary of State in relation to the release, accompanied by—

(i) any required information (see subsection (3)(b)), and

(ii) any fee required by regulations under section 39, and

(b) any minimum period prescribed by regulations has elapsed since paragraph (a) was satisfied.

(2) A release notice must specify one or more persons, or descriptions of person, in relation to the release. 

(3) Regulations may—

(a) make provision about the form and content of a release notice (but subject to subsection (2));

(b) prescribe information which must accompany a release notice (“required information”).

(4) Regulations under subsection (3) may, in particular, prescribe whom a person may specify under subsection (2) when giving a release notice.

(5) For the meaning of “release” see section 3(3).

(6) Regulations under subsection (1)(b) are subject to the negative procedure.

(7) Regulations under subsection (3) are subject to the affirmative procedure.