Part VI Genetically Modified Organisms
Enforcement powers and offences
119 Onus of proof as regards techniques and evidence.
(1)
In any proceedings for either of the following offences, that is to say—
(a)
an offence under section 118(1)(c) above consisting in a failure to comply with the general condition implied by section 112(4)(c) or (5)(c) above; or
(b)
an offence under section 118(1)(d) above consisting in a failure to comply with section 109(3)(c) or (4)(c) above;
it shall be for the accused to proveF1 the matters described in subsection (1A) below.
(1A)
The matters referred to in subsection (1) above are—
(a)
in the case of an offence under section 118(1)(c) above consisting in a failure to comply with the general condition implied by section 112(5)(c) above—
(i)
that no measures, other than the measures taken by him, were necessary to prevent damage being caused to the environment from the release or, as the case may be, marketing of the organisms, or
(ii)
in a case where he took no measures, that no measures were necessary; and
(b)
in any other case, that there was no better available technique not entailing excessive cost than was in fact used to satisfy the condition or to comply with that section.
(2)
Where an entry is required by a condition in a consent to be made in any record as to the observance of any other condition and the entry has not been made, that fact shall be admissible as evidence that that other condition has not been observed.