(As published in UPOV Gazette No. 93, June 2002)
SOUTH AFRICA
Act No. 15. 1997
GENETICALLYINIODIFIED ORGANISMS ACT, 1997
ACT
To provide for measures to promote the responsible development, production, use and application of
genetically modified organisms; to ensure that all activities involving the use of genetically modified
organisms (including importation, production, release and distribution) shall be carried out in such a way as
to limit possible harmful consequences to the environment; to give attention to the prevention of accidents
and the effective management of waste; to establish common measures for the evaluation and reduction of
the potential risks arising out of activities involving the use of genetically modified organisms; to lay down
the necessary requirements and criteria for risk assessments; to establish a council for genetically modified
organisms; to ensure that genetically modified organisms are appropriate and do not present a hazard to the
environment; and to establish appropriate procedures for the notification of specific activities involving the
use of genetically modified organisms; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:Definitions
Section 1
In this Act, unless the context otherwise indicates(i)
“accident” means any incident involving an unintended general release of genetically modified
organisms which could have an immediate or delayed adverse impact on the environment; (xxi)
(ii)
“appeal board” means an appeal board appointed in terms of section 19; (iv)
(iii)
“applicant” means any person in control of facilities and activities involving genetic modification of
organisms and includes “user”; (i)
(iv)
“Committee” means the Advisory Committee established by section 10; (iv)
(v)
“contained use” means any activity in which organisms are genetically modified or in which such
genetically modified organisms are cultured, stored, used, transported, destroyed or disposed of and
for which physical barriers or a combination of physical barriers together with chemical or
biological barriers or both are used to limit contact thereof with the environment; (vii)
(vi)
“control” means to examine, regulate, manage or direct any activity within a person’s jurisdiction;
(vi)
(vii)
“Council” means the Executive Council for Genetically Modified Organisms established by section
3; (xxv)
(viii)
“department” means the Department of Agriculture; (ix)
(ix)
“Director-General” means the Director-General: Department of Agriculture; (x)