Cap 607 s 26 Documentation requirements for import and export of GMOs (GENETICALLY MODIFIED ORGANISMS (CONTROL OF RELEASE) ORDINANCE)

Contents of Section

Chapter:	607	Title:	GENETICALLY MODIFIED ORGANISMS (CONTROL OF RELEASE) ORDINANCE	Gazette Number:	L.N. 170 of 2010
Section:	26	Heading:	Documentation requirements for import and export of GMOs	Version Date:	01/03/2011

(1) When being imported or exported—

(a) GMOs that are intended for direct consumption as food or feed, or for processing;

(b) GMOs that are intended for contained use; and

must be accompanied by the documents prescribed by regulations made under section 50(1).
(2) Subsection (1) does not require GMOs falling within paragraph (a) or (b) of that subsection to be accompanied by the prescribed documents if—

(a) the GMOs are imported or exported in a lot together with other living organisms;

(b) the GMOs are unintentionally mixed with those other living organisms; and

(c) the percentage of the quantity of the GMOs to the total quantity of living organisms in the lot does not exceed the prescribed percentage.

(3) If subsection (1) is not complied with, the person who imports or exports the GMOs commits an offence and is liable to a fine at level 3.
(4) In any proceedings for an offence under subsection (3), it is a defence for the person charged to establish that the person did not know and could not with reasonable diligence have known that GMOs falling within subsection (1)(a), (b) or (c) were being imported or exported.
(5) In subsection (2)(c)—
“prescribed percentage” (訂明百分比) means—

(a) the percentage prescribed by regulations made under section 50(1) for the purposes of that subsection in relation to GMOs falling within subsection (1)(a) or (b); or

(b) if no percentage is prescribed, 0%.