Article 3 Definitions
United Kingdom
For the purpose of this Regulation:
- 1..
‘Genetically modified organism’ or ‘GMO’ means genetically modified organism as defined in Article 2(2) of Directive 2001/18/EC, excluding organisms obtained through the techniques of genetic modification listed in Annex IB to Directive 2001/18/EC F1and, in relation to England, excluding precision bred plants;
- 2..
‘Produced from GMOs’ means derived, in whole or in part, from GMOs, but not containing or consisting of GMOs;
- 3..
‘Traceability’ means the ability to trace GMOs and products produced from GMOs at all stages of their placing on the market through the production and distribution chains;
- 4..
‘Unique identifier’ means a simple numeric or alphanumeric code which serves to identify a GMO on the basis of the authorised transformation event from which it was developed and providing the means to retrieve specific information pertinent to that GMO;
- 5..
‘Operator’ means a natural or legal person who places a product on the market or who receives a product that has been placed on the market in F2Great Britain at any stage of the production and distribution chain, but does not include the final consumer;
- 6..
‘Final consumer’ means the ultimate consumer who will not use the product as part of any business operation or activity;
- 7..
‘Food’ means food as defined in Article 2 of Regulation (EC) No 178/2002f1;
- 8..
‘Ingredient’ means ingredient as referred to in F3Article 2(2)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council;
- 9..
‘Feed’ means feed as defined in Article 3(4) of Regulation (EC) No 178/2002;
- 10..
F4“Placing on the market” means placing on the market as defined in the specific legislation under which the relevant product is authorised; in other cases, it means “marketed” within the meaning given in section 107(11) of the Environmental Protection Act 1990.
- 11..
‘The first stage of the placing on the market of a product’ means the initial transaction in the production and distribution chains, where a product is made available to a third party;
- 12..
‘Pre-packaged product’ means any single item offered for sale consisting of a product and the packaging into which it was put before being offered for sale, whether such packaging encloses the product completely or only partially, provided that the contents cannot be altered without opening or changing the packaging.
- 13..
F5“Competent authority” means—
- (a)
in England, the Secretary of State;
- (b)
in Wales, the Welsh Ministers;
- (c)
in Scotland, the Scottish Ministers;
- (a)
- 14..
F6‘Appropriate authority’ means—
- (a)
in relation to England, the Secretary of State;
- (b)
in relation to Wales, the Welsh Ministers;
- (c)
in relation to Scotland, the Scottish Ministers;
but the appropriate authority is the Secretary of State if consent is given by—
- (a)
in relation to Wales, the Welsh Ministers;
- (b)
in relation to Scotland, the Scottish Ministers;
- (a)
- 15..
‘Relevant food standards authority’ means—
- (a)
in relation to England and Wales, the Food Standards Agency;
- (b)
in relation to Scotland, Food Standards Scotland.
- (a)
- 16..
F7‘Precision bred plant’ has the same meaning as in section 1, as read with section 2(1), of the Genetic Technology (Precision Breeding) Act 2023.
Annotations
Textual amendments
- F1
Words in Art. 3(1) inserted (13.11.2025) by The Genetic Technology (Precision Breeding) Regulations 2025 (S.I. 2025/581), reg. 1(1), Sch. 5 para. 2(3)(a)
- F2
Words in Art. 3(5) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 4(3)(a) (as amended by S.I. 2020/1421, reg. 1(4), Sch. para. 2(a)); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 3(8) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Art. 3(10) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 4(3)(c) (as amended by S.I. 2020/1421, reg. 1(4), Sch. para. 2(b)); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Art. 3(13) inserted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 4(3)(d) (as amended by S.I. 2020/1421, reg. 1(4), Sch. para. 2(c)); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Art. 3(14)(15) inserted (31.12.2020) by The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/778), regs. 1, 7(2) (as amended by S.I. 2020/1421, regs. 1(4), 6(a)); 2020 c. 1, Sch. 5 para. 1(1)
- F7
Art. 3(16) inserted (13.11.2025) by The Genetic Technology (Precision Breeding) Regulations 2025 (S.I. 2025/581), reg. 1(1), Sch. 5 para. 2(3)(b)
Footnotes
- f1
-
Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).