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GM contamination
23/06/2009
Strict new rules to crack down on those who accidentally pollute the environment through GM contamination come into force today.
They mean Scotland's stance on GM contamination is now much tougher than south of the border, where polluters may be able to exempt themselves from liability.
The Scottish Government has also introduced a measure which means those responsible for GM pollution can be found liable up to 75 years later.
The new rules form part of wider regulations designed to get tough on those who pollute the environment and ensure they meet the costs of cleaning up the damage.
Environment Minister Roseanna Cunningham said:
"The environment is one of Scotland's most valuable assets - it attracts millions of tourists and underpins much of our most iconic produce.
"We therefore simply cannot afford to run the risk of permanently tainting it by gambling with GM.
"Scotland must remain GM-free and that means putting in place tough regulations which make clear our zero tolerance stance and send out a strong message that the polluter must pay if accidental contamination occurs."
Last year, corrective action had to be taken after trial sowings of a new variety of oilseed rape in Scotland were found to contain small amounts of unauthorised GM material. The seed was destroyed and further sowings of the seed were halted.
The Environmental Liability (Scotland) Regulations 2009 have been signed today and transpose the European Environmental Liability Directive into Scots law. The Regulations apply to incidents which cause significant damage to land, water or biodiversity and are based on the 'polluter pays' principle.
In England, GM polluters will be allowed to mount a 'state of the art' or 'permit' defence. This will not be the case in Scotland. Scotland has also chosen to allow action to be taken up to 75 years after the offence.