Safeguard
32.—(1) The Secretary of State may serve a prohibition notice under section 110 of the Act to prohibit an act which is authorised by a consent granted by her under section 111(1) of the Act or by a consent granted in respect of [F1marketing a pre-exit approved] product only if her opinion that doing such an act would involve a risk of causing damage to the environment is based on detailed grounds as the result of either—
(a)new or additional information made available since the date of the consent which affects the environmental risk assessment in respect of that product; or
(b)a reassessment of existing information in respect of that product on the basis of new or additional scientific information.
(2) Where, in the circumstances described in paragraph (1), the Secretary of State considers that the risk of damage being caused to the environment is severe she shall serve a prohibition notice requiring such measures to be taken as she may consider appropriate and once any work required by the notice has been carried out she shall enter details of it on the register.
F2(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) References in this regulation to the Secretary of State exercising a function under section 110 of the Act shall, in any case to which section 126(3) of the Act applies, be treated as references to the Secretary of State and the Food Standards Agency M1 acting jointly.
Textual Amendments
F1Words in reg. 32(1) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/88), regs. 1(2)(b), 3(15)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 32(3)-(5) omitted (31.12.2020) by virtue of The Genetically Modified Organisms (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/88), regs. 1(2)(b), 3(15)(b); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M1See section 1 of the Food Standards Act 1999 (c.28).