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Biosafety Regulations (GN No. 210 of 2016).

Country
Type of law
Regulation
Source

Abstract
These Regulations, made under section 49 of the Biosafety Act, implement provisions of the Act by regulating the placing on the market of genetically modified food and feed, contained us of GMO's, field trails and environmental release and some other matters such as emergency measures and labelling requirements relating to GMOs and GMO products.
The Minister may upon recommendation of the Biosafety Council, by means of conditions in a permit or permit or certificate, determine that the compliance with any technical or procedural guideline issued by the Council under the Act, by a permit or certificate holder, is compulsory. For purposes of the Act and these Regulations, the assessment report under the Environmental Impact Assessment Regulations forms part of the risk assessment, the risk assessment report and the risk management plan. The Regulations provide for exemptions relating to genetically modified food and feed from a market permit. Such permit is required to (a) place on the market genetically modified food or feed; (b) import, handle, develop, process, produce, package, label, transport, market or store genetically modified food or feed for purposes of placing such genetically modified food or feed on the market and shall be issued by the Council. A placing on the market permit is issued in such form as the Council may determine and the Council may determine different permit forms for different types of placing on the market activities or different GMOs or GMO products involved. A permit holder must report the arrival of any consignment of genetically modified food or feed, destined for placing on the market in Namibia, in such form and manner as the Council may determine, and apply for inspection and verification thereof. Every person dealing with genetically modified food or feed must take such measures as are appropriate under circumstances to avoid the unintended presence or contamination of GMOs in other commodities or products. Unintentional release shall be reported.
The Regulations set out activities regarded as contained use. Such activities must be carried out in a registered facility. The Council must carry out an assessment to, among others, determine the appropriate containment level pertaining to containment for the activity to be carried out in the relevant facility. Contained requires also a permit from the Council. The Regulations also provide with respect to handling and disposal of GMOs involved in contained use. As for field trials, the Council must determine a regime for post-harvesting land use restriction and monitoring for a GMO used in a field trial which regime may be general or specific for each field trial permit holder. Any person undertaking an environmental release, irrespective whether such person holds a permit or not for such environmental release, must take all appropriate measures to protect, manage the risks posed to, and avoid or mitigate the adverse impact on, human and animal health and safety or the environment arising from the environmental release. An application for such release shall include, among other things, a risk assessment report and risk management plan.
Date of text
Repealed
No
Serial Imprint
Government Gazette of the Republic of Namibia No. 6116 of 1 November 2016.
Source language

English

Legislation Amendment
No
Implements