The regulation of Genetically Modified Organisms (GMOs) is a devolved policy area. For detailed information on the legislation underpinning the inspectorate, see the Genetic Modification (GM) Legislation page on the gov.scot website.
ll work involving GMOs is regulated. Work carried out in laboratories, glass houses or which is otherwise contained, where there is no release into the environment, is considered ‘contained use’ work. The Health and Safety Executive (HSE), by virtue of a Memorandum of Understanding (MoU), carries out work on behalf of Scottish Ministers for GMOs which fall to contained use. The HSE are is responsible for assessing risk to human health of all work involving the contained use of GMOs in the UK. The GM team at SASA and scientific experts from other Scottish-based organisations provide advice about the environmental risk of contained use GMO work to be carried out in Scotland. For more information on working with GMOs in a contained way and how to notify your work, or apply for consent see the HSE webpage.
Consents for releasing GMOs into the environment for research purposes are granted on a case by case basis by Scottish Ministers. A detailed risk assessment must be submitted to the GM team at SASA, and is considered by ACRE (Advisory Committee on Releases to the Environment). ACRE comprises independent scientific experts who advise on the risks to human health and the environment from the release of GMOs. Scottish Ministers also take advice from SASA, the Health and Safety Executive, the Food Standards Agency and Scottish Natural Heritage as appropriate. Consents set out the conditions and limitations governing releases.
Compliance with the above regulations is established by official inspection. Non-compliance with consent conditions can lead to enforcement action including forwarding cases to the Procurator Fiscal Service where necessary. SASA has taken responsibility for the inspection and enforcement of the deliberate release and marketing of GMOs (principally crops plants) in Scotland since May 2000. For England and Wales, GM inspection and enforcement services for the deliberate release of GMOs are provided for Defra by the Animal and Plant Health Agency (APHA).
The Genetically Modified Organisms (Traceability and Labelling)(Scotland) Regulations 2004 include a threshold of 0.9%, above which the adventitious (accidental) presence of material from an EU authorised GMO in a non-GM product triggers traceability and labelling of the product. Enforcement of these regulations is the responsibility of Local Authority Environmental Health (food) or Trading Standards (feed) Departments.
For seed and plant propagating material to be marketed in GB, a variety requires to be accepted onto the GB variety list. Should you wish to market a GMO plant variety, you must first obtain a Consent for Marketing, then apply for the National List.
Full details on variety listing and Contact details for rules on genetically modified varieties are available on the gov.scot website.
SASA