The Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002

[F1 Offences and penalties S

32B.— (1) A person commits an offence if that person—

(a) contravenes anything required of that person in a stop notice,

(b) obstructs an inspector (or a person accompanying an inspector and acting under the inspector’s instructions) in exercise of the power conferred by regulation 32A,

(c) supplies to an inspector (or a person accompanying an inspector and acting under the inspector’s instructions) any information knowing it to be false or misleading,

(d) cultivates a genetically modified organism in contravention of a [F2 limitation or condition included in] a consent to market [F3 pursuant to] regulation 24(7) or a renewed consent to market [F3 pursuant to] regulation 26(5),

(e) cultivates a genetically modified organism in contravention of a [F4 limitation or condition included in a consent or a renewed consent pursuant to] regulation 29A(3)(a), or

(f) cultivates a genetically modified organism or approved product in contravention of a suspension notice issued under regulation 29A(3)(b),(c) or (d).

(2) It is a defence for a person charged with an offence under paragraph (1) to show that they took all reasonable precautions and exercised all due diligence to avoid committing that offence.

(3) A person who commits an offence under paragraph (1) is liable—

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a terms not exceeding 2 years or both.]

Textual Amendments

F1 Pt. 6A inserted (15.3.2019) by The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/86), regs. 1(1), 16

F2 Words in reg. 32B(1)(d) substituted (28.3.2019) by The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(a), 2(14)(a)(i)

F3 Words in reg. 32B(1)(d) substituted (28.3.2019) by The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(a), 2(14)(a)(ii)

F4 Words in reg. 32B(1)(e) substituted (28.3.2019) by The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(a), 2(14)(b)