The Genetically Modified Organisms (Traceability and Labelling) (Scotland) Regulations 2004

Obtaining Information from PersonsS

5.[F1(1) Subject to regulation 3(1), for the purpose of the enforcement and execution of these Regulations and the Council Regulation, the local authority, Food Standards Scotland or the Scottish Ministers (as the case may be) may by notice in writing served on any person who falls within paragraph (1A), require that person to furnish such relevant information available to the person as is specified in the notice, in such form and within such period as is specified.

(1A) A person falls within this paragraph if the person appears to the local authority, Food Standards Scotland or the Scottish Ministers (as the case may be)—

(a)to be involved in the placing on the market of—

(i)products consisting of or containing genetically modified organisms, or

(ii)food or feed produced from genetically modified organisms; or

(b)to be about to become, or to have been, involved in either of those activities.]

(2) For the purposes of this regulation “relevant information” means information concerning any aspects of the activities in question.

(3) Nothing in paragraph (1) authorises the local authority [F2, Food Standards Scotland] or the Scottish Ministers to require disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.