Contained Use of Genetically Modified Organisms

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    Contained use ofContained use ofgenetically modified organismsgenetically modified organisms

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    What is thisleaflet about?This leaflet tells you about the

    controls on contained use of

    genetically modified organisms.

    These controls are set out in the

    Genetically Modified Organisms

    (Contained Use) Regulations

    2000, which replaced the

    Genetically Modified Organisms

    (Contained Use) Regulations

    1992, as amended in 1996 and

    1998. These Regulations are

    supplemented by the sections

    of the Environmental Protection

    Act 1990 and the Genetically

    Modified Organisms (Risk

    Assessment) (Records and

    Exemptions) Regulations (as

    amended in 1997) which

    specifically cover the control of

    risks to the environment from

    genetically modified animals

    and plants.

    2

    All living organisms animals, plants and

    microorganisms (such as bacteria or

    fungi) carry copies of all their genes in

    their cells. Those genes hold the infor

    mation that determines the organisms

    particular form and function. Specific

    characteristics of an organism may be

    of genes. Genetically modified organisms

    (GMOs), therefore, are organisms whose

    genes have been artificially altered to

    such as insulin, blood factor VIII and

    human growth hormone, were formerly

    produced from humans and animals and

    some carried a slight risk of transmitting

    safe equivalents can be produced

    using GMOs.

    What is contained use?

    The term contained use covers any

    activity involving GMOs in which

    between them and people or the

    environment. It relates to the actual

    process of genetic modification, and

    also to the use, storage, transport and

    use facilities would be microbiology

    laboratories, animal houses, greenhouses

    What are genetically

    modified organisms?

    linked to particular genes or combinations

    modify their characteristics in some way

    or other. For example, medicinal products

    disease. Now, with the use of genetic

    modification (GM) technology, pure and

    measures are taken to limit contact

    destruction of GMOs. Typical contained

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    Contained use of genetically modified organisms

    3

    or industrial production facilities.

    GMOs that are deliberately introduced

    are obviously not contained. They are

    on contained use and regulated under

    can I find out about other aspects of

    genetic modification? tells you where

    you can find out more about other

    aspects of GMOs.

    and Regulations?Most contained use activities involve

    organisms which do not cause disease

    environment outside a containment

    carried out with more hazardous

    organisms whose escape from contain

    ment could damage human health or

    the environment. It is, therefore, very

    important to assess the risks of all

    necessary controls are put in place to

    protect people and the environment. Risk

    could happen if GMOs came into contact

    with other organisms in the environment.

    making these judgments, and place clear

    legal obligations on people who workwith GMOs.

    They needed to be brought up to date to

    administrative procedures might be made

    more straightforward. The overriding

    objective was to maintain and improve

    standards of protection for human health

    and the environment.

    The revision also reflects a major

    amendment of the European Community

    Directive on contained use of genetically

    90/219/EEC as amended by Directive

    98/81/EC).

    What changes do

    The main changes are:

    removal of the previous requirement

    to categorize activities involving

    their purpose and scale;

    GMMs into Group I and II, according to

    their inherent properties;

    establishing a structured approach to

    risk assessment which incorporateselements covered by the previous

    into the environment for experimental

    purposes, or placed on the market, for

    example, as food or for medical purposes,

    outside the scope of the Regulations

    other legislation; the section Where

    Why do we need controls

    and are very unlikely to survive in the

    facility. A small proportion of work is

    activities and to make sure that any

    assessments must take account of what

    The Regulations provide a framework for

    Why did the previous

    Regulations have tobe replaced?

    reflect developments in GM technology.

    Also, experience of operating the previous

    Regulations indicated ways in which the

    modified micro-organisms (Directive

    the new Regulationsintroduce?

    genetically modified micro-organisms

    (GMMs) as Type A or B, according to

    removal of the scheme for classifying

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    classification (Group I/Group II) and placesactivities involving GMMs into 4 different

    classes (class1 covers activities of no or

    negligible risk and class 4 those of high

    risk to people and the environment);

    shorter and simplified notification

    procedures based directly on the

    outcome of risk assessment;

    more detailed specifications of the

    control measures appropriate to different

    types of activity; and

    much more information about

    contained use premises and activities

    to be included in the public register of

    notifications.

    duties under theRegulations?Anyone carrying out contained use work

    particular:

    * of their intention

    to use their premises for contained use

    activities for the first time;

    carry out an assessment of the risks to

    human health and the environment of

    every contained use activity before it

    begins, reviewing and revising the assess

    establish a genetic modification safety

    committee to advise on risk assessments;

    4

    *

    under How are activities classified? and

    apply the necessary containment and

    control measures indicated by the risk

    assessment; and

    draw up emergency plans for riskier

    classified?The risk assessment, which must be

    indicates the containment and control

    measures needed.

    ,it is necessary to decide which of the four

    standard containment levels applies to the

    work. The containment and control

    measures which define those levels are

    Anyone carrying out a risk assessment,

    therefore, will need to check which level

    matches the measures indicated by the

    assessment. The classification of the

    activity is simply read across from the

    containment level:

    Containment level 1 Class 1

    Containment level 2 Class 2

    Containment level 3 Class 3

    Containment level 4 Class 4

    categorization (Type A/Type B) and

    What are the main

    must comply with the Regulations and, in

    notify the authorities

    ment as necessary, and keeping records;

    Contained use of genetically modified organisms

    HSE has lead responsibility for administration of the Regulations, but the Department for Environment, Food and Rural

    Affairs (DEFRA), the Scottish Executive, and the National Assembly for Wales are also involved in the scrutiny of

    notifications. Notifications and other communications need be sent only to the Health and Safety Executive which will

    arrange circulation to other bodies as necessary.

    classify all activities as described

    notify them where required;

    activities, and notify any accidents that

    occur.

    How are activities

    carried out for any contained use activity,

    For activities involving micro-organisms

    set out in a Schedule to the Regulations.

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    Contained use of genetically modified organisms

    In some cases, there will not be an

    and control measures the risk assess

    ment indicates and those specified for

    any of the containment levels; the

    measures will effectively fall between

    two levels. In such cases, the activity

    must be classified at the higher level.

    plants), there are no standard

    containment levels. Such activities are

    simply classified as notifiable or non

    notifiable according to the nature of the

    Notifiable activityActivity involving a GM animal or

    plant which poses a greaterrisk to

    human health than its unmodified

    parental organism

    Non-notifiable activityActivity involving a GM animal or

    plant which poses no greater

    risk to human health than its

    unmodified parental organism

    activities notified?The information which must be notified

    HSE provides forms (also available on the

    submission of notifications. The

    notification period applicable to an

    5

    classification. Also, the riskier activities

    The requirements are summarized

    the complete or partial destruction of

    GMMs to provide a high level of

    protection for humans and the environ

    ment. The definition of contained use,

    could be achieved by biological barriers,

    eg a live GMM may be discharged from

    discharge of GMMs without inactivation

    may be allowed if the person carrying

    out the activity can demonstrate that

    adequate biological barriers are in place.

    No discharge of non-inactivated waste

    authorities have evaluated the adequacy

    of the barriers and given their permission.

    notified data?

    a balance between the publics right ofaccess to data and the right of GM

    practitioners to protect their work from

    exact match between the containment

    For activities involving GMOs that are

    not micro-organisms (ie animals and

    GMO itself.

    How are premises and

    is set out in Schedules to the Regulations.

    Internet at HSEs website) to use for the

    activity varies depending on the activitys

    may not begin without explicit consent.

    overleaf.

    How is the disposalof GMOs controlled?

    The Regulations require all GMMs to be

    inactivated before they are disposed of.

    The Regulations define inactivation as

    however, recognizes that containment

    a contained use facility, but would be

    biologically incapable of survival. So,

    may take place unless and until the

    Can anyone see

    Yes, but the Regulations have to maintain

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    6

    First use of premises

    GMMs: Class 1

    GMMs: Class 2 (first at premises)

    GMMs: Class 2 (subsequent)

    GMMs: Class 3 or Class 4

    (first at premises)

    GMMs: Class 3 or Class 4 (subsequent)

    Non-notifiable GM animals/plants

    Notifiable GM animals/plants

    their competitors. Any notified information

    may be disclosed to the public on request,but notifiers may claim confidentiality for

    specific data, especially if they can

    demonstrate that disclosure could

    compromise their competitive position or

    intellectual property rights. The authorities

    will decide whether confidentiality claims

    confidentiality cannot be claimed on any

    property rights.

    data, HSE maintains a public register

    of notifications. This contains all (non

    confidential) information notified on

    premises and individual activities, including

    the nature of work to be carried out at

    premises, the purpose of individual

    activities and the characteristics of the

    GMOs involved. Simply to save space,

    the full risk assessment of an activity is

    viewed on request.

    The public register is held at the

    following addresses:

    London SE1 9HS

    Magdalen House, Stanley Precinct,

    Bootle L20 3QZ

    Also, each main office of HSE will hold

    those entries in the register for premises

    and activities notified in its area. If you donot know where your nearest office is, look

    Type of notification

    are justified. Furthermore, the Regulations

    specify certain core data for which

    grounds, except harm to intellectual

    To facilitate public access to notified

    not placed on the register, but may be

    Rose Court, 2 Southwark Bridge,

    Tel: 020 7717 6278

    Tel: 0151 951 4772

    up Health and Safety Executive in the

    Contained use of genetically modified organisms

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    7

    Notification period

    None; the premises may begin undertaking

    contained use work as soon as HSE acknowledges

    receipt of the notification andthe premises have

    complied with the notification requirements for the

    is Class 1, the premises notification must include a

    risk assessment and some other information

    Must be notified 45 days before it is intended to

    begin (unless consent has already been granted

    for Class 3 or Class 4 activities, in which case the

    activity may begin as soon as HSE acknowledges

    receipt of the notification).

    Must be notified, but may begin as soon as HSE

    acknowledges receipt of the notification.

    Must be notified 90 days before it is intended to

    begin.

    Must be notified 45 days before they are intended

    to begin.

    Activities involving non-notifiable animals or

    such an activity is to be the first at new premises,

    the premises notification must include a risk

    assessment and some other information specific

    Must be notified 45 days before it is intended

    to begin.

    No.

    No.

    submission of the notification unless the

    authorities have written within that

    period agreeing to an earlier start.

    No.

    consent - or let the notifier know why

    consent is being withheld - within

    30 to 90 days.

    consent - or let the notifier know why

    consent is being withheld - within

    30 to 45 days.

    No.

    submission of the notification unless the

    authorities have written within thatperiod agreeing to an earlier start.

    first intended activity.

    Class 1 activities do not have to be notified. If,

    however, the first intended activity at new premises

    specific to that activity.

    plants do not have to be notified. If, however,

    to that activity.

    Consent required?

    No; the activity may begin 45 days after

    Yes; the authorities must issue a

    Yes; the authorities must issue a

    No; the activity may begin 45 days after

    Contained use of genetically modified organisms

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    genetic modification?

    have responsibilities for genetic

    modification activities.

    The Department for Environment,

    Food and Rural Affairs (DEFRA) is

    responsible for the control of environ

    mental risks caused by contained use of

    GM animals or plants. It also operates

    the Genetically Modified Organisms

    responsible for the agricultural

    implications of GMOs (eg plant variety

    and seeds legislation, plant and animal

    health aspects, pesticide controls and

    general impact on agriculture).

    The Department for Environment, Food

    and Rural Affairs

    Ashdown House

    123 Victoria Street

    London

    SW1E 6DE

    The Food Standards Agency (FSA) was

    established in April 2000 and is responsibie

    for the safety and labelling of GM food and

    telephone directory for your area or tele

    phone HSEs InfoLine on 08701 545500.That part of the register covering

    premises and activities in Scotland is

    also held at:

    Belford House, 59 Belford Rd, Edinburgh

    EH4 3UE

    contained inA guide to the Genetically

    Modified Organisms (Contained Use)

    Regulations 2000 (HSE Books 2000,

    requirements in non-legal language.

    Copies of the guide can be purchased

    by completing and sending off the order

    form on the back cover of this leaflet.

    the Advisory Committee on Genetic

    Modification have produced a Compen

    dium of Guidance for people carrying out

    contained use activities. This offers

    detailed technical advice on risk assess

    ment and control for different sorts of

    copy of the Compendium, please contact

    the Secretariat of the Advisory

    8

    Where can I find out

    about other aspects of

    Other government departments also

    (Deliberate Release) Regulations which

    govern experimental release and

    marketing of GMOs. DEFRA is also

    GM Policy and Regulatory Unit

    Tel: 0131 247 2000

    What further informationis available?The full text of the Regulations is

    ISBN 0 7176 1758 0) which also provides

    fuller explanation of the Regulations

    You can also place orders by telephoning

    HSE Books on 01787 881165.

    The Health and Safety Executive and

    activity. For details of how to obtain a

    Committee on 020 7717 6245.

    Contained use of genetically modified organisms

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    Contained use of genetically modified organisms

    Novel Foods and Novel Food Ingredients

    FSA Novel Foods Division,

    Horseferry Road, London SW1P 3WG

    The Department of Health (DH) has

    responsibility for the general human

    health and food safety aspects of GMOs,

    including medical applications of GM

    for the Gene Therapy Advisory

    protocols for gene therapy trials and for

    which regulates all activities involving the

    The Medicines Control Agency (MCA) has

    efficacy of medicines.

    DH Biotechnology Unit, Skipton House,

    80 London Road, Elephant and Castle,

    MCA, c/o Information Centre Central

    The Home Office regulates the use of

    protected animals (ie all vertebrates and

    Octopus vulgaris), including those that

    have been genetically modified, for

    The relevant legislation is the Animals

    (Scientific Procedures) Act 1986.

    Coroners Unit, 50 Queen Annes Gate,

    (DTI) has overall responsibility forsponsoring the industrial application of

    ensuring that the implications for

    account in the formulation of

    publishes the BioGuide which provides

    the biotechnology community with an

    essential summary of current regulations

    and procedures and of the support

    elsewhere.

    DTI Chemicals and Biotechnology

    Road, London, SW1W 9SS

    9

    the application of the EC Regulation on

    which governs the marketing of GM foods.

    Room 239c, Ergon House, PO Box 31037,

    Tel: 020 7238 6379

    Fax: 020 7238 6382

    technology. It provides the secretariats

    Committee (GTAC) which assesses

    the United Kingdom Xenotransplantation

    Interim Regulatory Authority (UKXIRA)

    transplants from one species to another.

    responsibility for the safety, quality and

    London, SE1 6LW

    Tel: 020 7972 5347

    Fax: 020 7972 5155

    GTAC Secretariat, DH, Wellington House,

    135155 Waterloo Road, London, SE1 8UG

    Tel: 020 7972 4021

    Fax: 020 7972 4196

    UKXIRA Secretariat, DH, Wellington House,

    133155 Waterloo Road, London, SE1 8UG

    Tel: 020 7972 4921/4822

    Fax: 020 7972 4852

    Enquiry PointTel: 020 7273 0000

    Fax: 020 7273 0353

    experimental or other scientific purposes.

    Home Office Animals By-Laws and

    London, SW1 9AT

    Tel: 020 7273 2861

    Fax: 020 7273 2423

    The Department of Trade and Industry

    biotechnology. It is also responsible for

    industrial competitiveness are taken into

    Government policy in this area. DTI

    available from the Government and

    Directorate, 151 Buckingham Palace

    Tel: 020 7215 2914

    Fax: 020 7215 1379

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    are available by mail order from

    HSE Books, PO Box 1999,

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    Tel: 01787 881165 Fax: 01787 313995

    Website:www.hsebooks.co.uk

    This leaflet is available in priced packs of

    15, ISBN 0 7176 1771 8 from HSE Books.

    It is also available as free single copies

    from HSE Books.

    HSE priced publications are also

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    For information about health and safety

    ring HSE's InfoLine Tel: 08701 545500

    Fax: 02920 859260 e-mail:

    [email protected] or

    write to HSE Information Services,

    Caerphilly Business Park, Caerphilly CF83

    3GG. You can also visit HSEs website:

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