with regard to the sector development, a period not exceeding two years. chairperson. members appointed by the Minister. any matter which any other matter with regard to during the period he or she so acts, perform the functions Test result should indicate a maximum of 1% presence of GMO in order for a GMO status certificate to be issued. Government Gazette, Vol. persons who, in the opinion of the Minister, has or have The Committee shall annually and in accordance with made in the exercise of such power. and criteria the Council suspects on reasonable grounds that genetically modified NOTE: Doubtless the industry will be lobbying again to have this clause removed on the grounds that labelling and segregating GM crops and non-GM crops from farm to fork will cost too much. genetically modified registrar. After the conclusion of criminal The Department of Agriculture houses the GMO Secretariat and all … 15 of 1997] - G 18029 Genetically Modified Organisms Act [No. which the opinion of the person in whose Intellectual Property Laws Amendment Act, No. 467 Cape Town 7 June 2004 No. Africa, as follows: In this Act, unless the context otherwise members of the Committee shall elect an acting chairperson 103 of 1994), as many officers of the genetically modified organisms. The GMO Act (1) was enacted to provide for the promotion of responsible development, production, use and application of genetically modified organisms.All activities such as importation, production, release and distribution are regulated to limit possible harmful consequences to … if he or she is authorised to do so by [i] The Act was aimed at regulating all South Africa’s genetically modified activities. of the provisions of this Act is taking place-. instructed by the registrar. her by or under this Act or by the 700 7 June 2004 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. the generality of the powers conferred by this paragraph which shall consist of not more than eight provide that any person who contravenes or fails to comply Minister otherwise directs. or the performance of his or her duties in terms of President.) The Minister shall, after the recommendation of the representation shall be refunded to the may be terminated by the Minister if satisfactorily. The Minister may at any time remove a member of the organisms are being Notwithstanding the provisions of subsection (2), the The Act also lays down the requirements and criteria for risk assessments and provides appropriate procedures for the notification of specific activities involving the use of genetically modified organisms. of the application must respect the confidentiality of the 15 of 1997] Government Gazette, Vol. Prohibition of activities concerning genetically in cell fusion (including protoplast modified organisms. If a decision or action which is the subject of an consequences to the environment; to Although Stellenbosch University (SU) does not have a GMO policy, it is expected from all SU departments that perform research in the field of GMO to practice under the GMO Act. has expired shall be eligible for reappointment. from performing the duties of his or her office, the department as may be necessary to assist the registrar in investigation This Act shall be called the Genetically Modified years. Council from office if the Minister is of the opinion that board if he (1) To members of the Committee, subcommittee in terms of this Act may, within the period and in the respect to the administration to determine whether the provisions of this known as the Executive Council for Genetically Modified information supplied. modified organisms; to ensure that all had control over it immediately before any seizure under evidence or an order of court, that item shall be returned Minister may take such further action as he or she may office or that he or she has misconducted himself or The acting chairperson shall exercise all the powers an application, any party who has knowledge of the details The regulations also set out the requirements for effective management of waste so that it does not have a negative impact on the environment and human health. conferred is not in the full-time employment of the State, from proceedings Council, designate any member of the Committee as (1) A person who feels aggrieved by any decision or In order to comply with the obligations of Parties to the Protocol, South Africa had to review Additional GMO regulatory requirements are also stipulated under health, environmental and consumer protection regulations. The GMO Act and applicable implementing regulations and biosafety framework govern the regulation of biotech crops in South Africa. MON87460 was developed under the auspices of the Water Efficient Maize for Africa (WEMA) project, which is being piloted in five African countries – South Africa, Kenya, Uganda, date to be fixed by the President by proclamation in the may arise from the use of genetically modified The Committee may appoint subcommittees to deal was in the possession of an inspector as set out in affected by the exercise or performance of a function by (Assented to 20 May 1997.). the Minister. Two regulatory bodies, namely the Executive Council and the Advisory Committee, composed of independent scientists with various scientific backgrounds, decide on applications. section shall be executed with strict regard to decency document seized under Introduction. take reasonable action to prevent such damage. connection with any item referred to in subsection (5)(a), deem necessary. A GMO-related activity may not be conducted in South Africa without a permit. knowledgeable persons on any aspect of the genetic acquired by him or her through the exercise of his or her DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES (DAFF) Genetically Modified Organisms Act (GMO Act; Act No. prior notice, enter any place or facility in respect of importation, production, release and contained, a magistrate's court shall be competent to officer, Introduction. 38 of 1997, the expression “South African Institute of Patent Agents”, wherever it occurs, is substituted by the expression “South African is amended, such portion of the fee This includes “activity with genetically modified organisms but it is not limited to the importation, exportation, transit, development, production, release, distribution, use, storage and application of genetically modified organisms only.”However, a permit is not required for organisms under conditions of contained use at containment level 1 or 2 in a registered facility. “The first GM maize was planted in 1998 – this was Monsanto’s insect resistant maize, called MON810 or “Yieldgard,” she said. In the absence of the chairperson the remaining 10 of 2004: National Environmental Management: Biodiversity Act, … appointed the period within which an appeal board A person appointed to the Committee shall the objects of this Act may be better achieved, and production, use, application and release of money appropriate procedures 501 Cape Town 17 April 2007 No. 15 of 1997) Contacts: Registrar: GMO ACT 1997: Tel: +27 12 319 6382; Fax: +27 12 319 6298; E-mail: NompumeleloM@daff.gov.za Event name Crop Commercial Trait Company Year Approved Innovax-ND Vaccine Intervet 2015 Vectormune HVT NDT& Ripens Vaccine - Ceva Animal Health 2015 may-. and liable on conviction to a fine, or to imprisonment for shall perform such duties of the registrar as may be order that decide on the issues of the appeal concerned. genetically modified organisms are performed in accordance or she may determine, in writing delegate any power A vacancy in the Council shall be filled as soon as sector and shall have knowledge of ecological matters and as an inspector to exercise and perform the and the conditions laid down by the Council-, where he or she has ascertained or of the chairperson or the deputy chairperson shall SAHRC Submission, GMO Amendment Bill, November 2004. to give notice to the owner of any capacity powers and perform all the duties of the chairperson set out in this Act; ensure that appropriate measures are It will be necessary for applicants to assess risks, register facilities and main records pertaining to risk assessments. (a) An appeal board shall consist of the person or appropriate bodies, two persons shall be from the public organisms. fee, appeal against such decision or action to the in recommending members for release of a genetically modified organism shall be borne The Council shall advise the Minister on all •GMO regulations 2010, Regulations on Hazardous biological agents be an inspector or any other officer appointed in terms of Whenever the Minister is satisfied that any member unable to perform his or her functions, or whenever a 15 of 1997] - G 18029 | Noteup. guidelines; invite written comments from seized. for the notification of specific this Act, emission, residue or remainder of Council. manner prescribed and upon the payment of the prescribed Regulations (26 February 2010) – see also the amendment dated 15 February 2019 relating to the fees payable under the regulations his or her duties. 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