http://www.legislation.gov.uk/ukpga/1990/43/section/118Environmental Protection Act 1990An Act to make provision for the improved control of pollution arising from certain industrial and other processes; to re-enact the provisions of the Control of Pollution Act 1974 relating to waste on land with modifications as respects the functions of the regulatory and other authorities concerned in the collection and disposal of waste and to make further provision in relation to such waste; to restate the law defining statutory nuisances and improve the summary procedures for dealing with them, to provide for the termination of the existing controls over offensive trades or businesses and to provide for the extension of the Clean Air Acts to prescribed gases; to amend the law relating to litter and make further provision imposing or conferring powers to impose duties to keep public places clear of litter and clean; to make provision conferring powers in relation to trolleys abandoned on land in the open air; to amend the Radioactive Substances Act 1960; to make provision for the control of genetically modified organisms; to make provision for the abolition of the Nature Conservancy Council and for the creation of councils to replace it and discharge the functions of that Council and, as respects Wales, of the Countryside Commission; to make further provision for the control of the importation, exportation, use, supply or storage of prescribed substances and articles and the importation or exportation of prescribed descriptions of waste; to confer powers to obtain information about potentially hazardous substances; to amend the law relating to the control of hazardous substances on, over or under land; to amend section 107(6) of the Water Act 1989 and sections 31(7)(a), 31A(2)(c)(i) and 32(7)(a) of the Control of Pollution Act 1974; to amend the provisions of the Food and Environment Protection Act 1985 as regards the dumping of waste at sea; to make further provision as respects the prevention of oil pollution from ships; to make provision for and in connection with the identification and control of dogs; to confer powers to control the burning of crop residues; to make provision in relation to financial or other assistance for purposes connected with the environment; to make provision as respects superannuation of employees of the Groundwork Foundation and for remunerating the chairman of the Inland Waterways Amenity Advisory Council; and for purposes connected with those purposes.1990-11-01texttext/xmlenStatute Law Database2026-09-23Expert Participation2026-09-14 Part VI Genetically Modified Organisms Enforcement powers and offences Offences.1181It is an offence for a person—ato do anything in contravention of section 108(1) above in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism;bto fail to comply with section 108(3) above when keeping something which is, and which he knows or has reason to believe is, a genetically modified organism;cto do anything in contravention of section 111(1) or (2) above in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism;dto fail to comply with any requirement of subsection (2), (3)(a), (b) or (c) or (4) of section 109 above in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism;eto fail, without reasonable excuse, to comply with section 108(5) or (6) or section 111(6A) above;fto contravene any prohibition imposed on him by a prohibition notice;gwithout reasonable excuse, to fail to comply with any requirement imposed under section 115 above;hto prevent any other person from appearing before or from answering any question to which an inspector may, by virtue of section 115(3) above, require an answer;iintentionally to obstruct an inspector in the exercise or performance of his powers or duties, other than his powers or duties under section 117 above;jintentionally to obstruct an inspector in the exercise of his powers or duties under section 117 above;kto fail, without reasonable excuse, to comply with any requirement imposed by a notice under section 116 above;lto make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—iin purported compliance with a requirement to furnish any information imposed by or under any provision of this Part; oriifor the purpose of obtaining the grant of a consent to himself or any other person or the variation of a consent;mintentionally to make a false entry in any record required to be kept under section 108 or 111 above;nwith intent to deceive, to forge or use a document purporting to be issued under section 111 above or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be likely to deceive;ofalsely to pretend to be an inspector.2It shall be a defence for a person charged with an offence under paragraph (a), (b), (c), (d) or (f) of subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.3A person guilty of an offence under paragraph (c) or (d) of subsection (1) above shall be liable—aon summary conviction, to a fine not exceeding £20,000 a fine or to imprisonment for a term not exceeding six months, or to both;bon conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or to both.4A person guilty of an offence under paragraph (f) of subsection (1) above shall be liable—aon summary conviction, to a fine not exceeding £20,000 a fine or to imprisonment for a term not exceeding six months, or to both;bon conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.5A person guilty of an offence under paragraph (a) or (b) of subsection (1) above shall be liable—aon summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both;bon conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or to both.6A person guilty of an offence under paragraph (e), (j), (k), (l), (m) or (n) of subsection (1) above shall be liable—aon summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both;bon conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.7A person guilty of an offence under paragraph (g), (h) or (i) of subsection (1) above shall be liable on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or to both.8A person guilty of an offence under paragraph (o) of subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.9Where a person is convicted of an offence under paragraph (b) of subsection (1) above in respect of his keeping any genetically modified organism, then, if the contravention in respect of which he was convicted is continued after he was convicted he shall be guilty of a further offence and liable on summary conviction to a fine of one-fifth of level 5 on the standard scale one-fifth of the greater of £5,000 or level 4 on the standard scale for each day on which the contravention is so continued.10Proceedings in respect of an offence under this section shall not be instituted in England and Wales except by the Secretary of State or with the consent of the Director of Public Prosecutions or in Northern Ireland except with the consent of the Director of Public Prosecutions for Northern Ireland.Pt VI: for extent of this Part see s. 164(4) below.Pt. VI (ss. 106-127): transfer of functions (16.2.2000) by S.I. 2000/253, art. 2, Sch. 1S. 118 partly in force; s. 118 not in force at Royal Assent see. s. 164(2)(3); s. 118(1)(a)(c)(e)-(l)(m) (in so far as it relates to s. 111) (n)(o)(2)-(10) in force at 1.2.1993 S.I. 1992/3253, art. 3Words in s. 118(1)(e) inserted (1.2.1993) by S.I. 1992/3280, reg. 13(2) made by specified Ministers acting as respects England, as respects Wales and as respects Scotland.Pt. VI (ss. 106-127) modified (E.) (temp. from 17.10.2002) by Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443), regs. 1(2)(3), 5(3), 39Pt. VI (ss. 106-127) modified (S.) (temp. from 5.12.2002) by Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 (S.S.I. 2002/541), reg. 5(3)Pt. VI (ss. 106-127) modified (W.) (temp. from 31.12.2002) by Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 (S.I. 2002/3188), reg. 6(3)Words in s. 118(4)(a) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 22(6)(b) (with reg. 5(1))Words in s. 118(3)(a) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 22(6)(a) (with reg. 5(1))Words in s. 118(9) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 3 para. 6(6) (with reg. 5(1))