Section 10: Prohibition notice

10. Prohibition notice (1) Where he is of the opinion that a facility or the manner in which the facility is carrying on its activities involves a serious risk to environment or to human or animal health, the Permanent Secretary may serve, or cause to be served, a prohibition notice on the person owning, or managing, or in charge of, or in control of, the facility. (2) A prohibition notice may be served whether or not— (a) the facility, or the manner in which the activity is carried on, constitutes a contravention of this Act; (b) there is in force in relation to the facility a GMO permit; (c) there is before any Court of law or before a Judge sitting in Chambers any case involving the subject matter in relation to which a notice is being issued, unless the Court or Judge has issued an order preventing the Permanent Secretary from issuing the prohibition notice. (3) A prohibition notice shall— (a) state the Permanent Secretary’s opinion; (b) specify the risk involved, as well as the way in which the facility, or the manner in which the activity is carried on, is suspected to give rise to the risk; (c) specify the measures that shall be taken to eliminate the risk and the period within which they shall be implemented; (d) specify— (i) the facility, or any aspect of the facility, that is prohibited from operation or performance; or (ii) any conditions subject to which the activity may be resumed. (4) A prohibition notice shall not be a bar to a prosecution for any offence, even if there are consultations with the person served with the notice. (5) Any person who fails to comply with a prohibition notice shall commit an offence. (S. 10 not in operation.) G7 – 7 [Issue 1] Genetically Modified Organisms Act