Genetic Technology (Precision Breeding) Act 2023

1 Precision bred organism

(1) In this Act “precision bred organism” means a precision bred plant or a precision bred animal.

(2) For the purposes of this Act an organism is “precision bred” if—

(a) any feature of its genome results from the application of modern biotechnology,

(b) every feature of its genome that results from the application of modern biotechnology is stable,

(c) every feature of its genome that results from the application of modern biotechnology could have resulted from traditional processes, whether or not in conjunction with selection techniques, alone, and

(d) its genome does not contain any feature that results from the application of any artificial modification technique other than modern biotechnology.

(3) In this Act “modern biotechnology” means any technique mentioned in regulation 5(1)(a) or (b) of the Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443).

(4) A feature of an organism’s genome is “stable” if it is capable of being propagated whenever the organism is reproduced, whether by sexual or asexual reproduction.

(5) In determining whether a feature of an organism’s genome could have resulted from traditional processes, no account is to be taken of—

(a) the copy number of the feature,

(b) its epigenetic status, or

(c) its location in the genome.

(6) In this section “traditional processes” means—

(a) in relation to plants—

(i) sexual fertilisation,

(ii) spontaneous mutation,

(iii) in vitro fertilisation,

(iv) polyploidy induction,

(v) embryo rescue,

(vi) grafting,

(vii) induced mutagenesis, or

(viii) somatic hybridisation or cell fusion of plant cells of organisms which are capable of exchanging genetic material by a process within sub-paragraphs (i) to (vii);

(b) in relation to animals—

(i) sexual fertilisation,

(ii) spontaneous mutation,

(iii) artificial insemination,

(iv) in vitro fertilisation,

(v) embryo transfer,

(vi) polyploidy induction, or

(vii) recovery and transfer of primordial germ cells.

(7) An “artificial modification technique” means any technique by which genes or other genetic material can be artificially modified within the meaning of Part 6 of the Environmental Protection Act 1990 (as it has effect from time to time).

(8) If the category of techniques by which, or circumstances in which, genes or other genetic material are taken to be, or not to be, artificially modified for the purposes of Part 6 of the Environmental Protection Act 1990 changes by virtue of—

(a) regulation 5 of the Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443) being modified, or

(b) regulations being made under subsection (4B) or (4C) of section 106 of the Environmental Protection Act 1990,

regulations may modify this section so as to make corresponding changes (with or without variation) to the definition of “modern biotechnology”.

(9) Regulations under subsection (8) are subject to the affirmative procedure.

(10) An organism to which subsection (11) applies does not fail to be precision bred merely because it does not meet the condition in subsection (2)(d).

(11) This subsection applies to an organism which, for the purposes of Part 6 of the Environmental Protection Act 1990, is to be taken not to be a genetically modified organism by virtue of—

(a) paragraph (3) of the regulation referred to in subsection (8)(a), or

(b) regulations under subsection (4C) of section 106 of that Act.