Genetic Technology (Precision Breeding) Act 2023

26 Regulation of food and feed produced from precision bred organisms E+W

(1) Regulations may make provision for regulating the placing on the market in England of food and feed produced from precision bred organisms.

(2) Regulations under subsection (1) may, in particular—

(a) prohibit any person from placing food or feed produced from a precision bred organism on the market in England except in accordance with a marketing authorisation issued by the Secretary of State under the regulations in relation to the organism, and

(b) impose requirements for the purpose of securing traceability in relation to food or feed produced from precision bred organisms that is placed on the market in England.

(3) Regulations made by virtue of subsection (2)(a) may, in particular, prescribe requirements that must be satisfied in order for the Secretary of State to issue a food and feed marketing authorisation in relation to a precision bred organism which may include requirements—

(a) that the precision bred organism—

(i) is a marketable precision bred organism, or

(ii) is the qualifying progeny of a marketable precision bred organism;

(b) for securing that—

(i) any food or feed produced from the organism and covered by the authorisation will not have adverse effects on human or animal health;

(ii) the way in which any such food or feed will be placed on the market will not mislead consumers;

(iii) the production of any such food or feed will not have adverse effects on the environment;

(iv) consuming any such food or feed in place of other food or feed that it might reasonably be expected to replace will not be nutritionally disadvantageous to humans or animals.

(4) Regulations made by virtue of subsection (2)(a) may also make provision, in particular—

(a) about the procedure for determining applications for food and feed marketing authorisations;

(b) for food and feed marketing authorisations to be issued subject to conditions and limitations;

(c) for varying or cancelling conditions or limitations that apply to food and feed marketing authorisations, or imposing new ones;

(d) about revocation of food and feed marketing authorisations;

(e) about publication of information relating to applications for food and feed marketing authorisations.

(5) In subsection (4), references to applications for food and feed marketing authorisations include references to applications to vary or cancel conditions or limitations that apply to marketing authorisations.

(6) Provision that may be made by virtue of subsection (4) includes provision conferring functions on the Food Standards Agency, which may include provision—

(a) for requiring the Food Standards Agency, in carrying out a function conferred by the regulations—

(i) to obtain advice or information from, or consult, persons of prescribed descriptions;

(ii) to carry out risk assessments;

(b) relating to any risk assessment required by the regulations.

(7) Regulations which, by virtue of subsection (6)(a)(i), impose an obligation on any person other than the Food Standards Agency may provide that the obligation is not a Part 3 obligation (see section 29).

(8) Regulations made by virtue of subsection (2)(a)—

(a) may prescribe who is authorised to place food and feed on the market by virtue of a food and feed marketing authorisation, which may, in particular, be—

(i) only the person who applied for the authorisation,

(ii) any person, or

(iii) any person of a prescribed description, and

(b) may provide for any provision made by virtue of paragraph (a) to be subject, in the case of a particular food and feed marketing authorisation, to any limitation to which the authorisation is subject.

(9) Regulations under this section are subject to the affirmative procedure.

Commencement Information

I1 S. 26 in force at Royal Assent for specified purposes, see s. 48(3)(a)