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| Indemnities. |
5. - (1) A potential defendant shall indemnify-
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(a) any other person who deliberately releases or markets a genetically modified organism; |
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(b) any person who manufactures, processes or markets food, food ingredients or animal feed containing or derived from a genetically modified organism |
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against any civil liability where the genetically modified organism in question was first deliberately released or marketed by the potential defendant.
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(2) A potential defendant shall indemnify against any civil liability any person who fails to label seeds, food, a food ingredient, or animal feed containing or derived from a genetically modified organism, but where the potential defendant can show that he took all reasonable steps to prevent such failure the indemnity shall not apply.
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| Requirement to insure against liability. |
6. - (1) A potential defendant shall take out a policy of insurance against liability to pay compensation for damage.
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(2) A person who fails to comply with the requirements of subsection (1) shall be guilty of an offence and shall be liable-
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(a) on summary conviction, to a fine not exceeding level 3 on the standard scale; |
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(b) on conviction on indictment, to a fine not exceeding level 5 on the standard scale or to a term of imprisonment not exceeding 3 months or to both. |
| Genetically modified organism compensation fund. |
7. - (1) The Secretary of State shall within twelve months of the passing of this Act make a scheme providing for the payment of compensation in respect of damage caused by the deliberate release or marketing of a genetically modified organism.
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(2) A scheme under this section shall provide for compensation to be paid where liability for damage cannot be attributed to an identifiable potential defendant.
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(3) Without prejudice to the generality, a scheme under this section may include provision-
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(a) establishing a compensation fund and arrangements for the administration of the fund; |
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(b) defining those who shall be required to make payments into the fund and the basis on which such payments shall be calculated; and |
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(c) without prejudice to subsection (2), setting out the circumstances in which payments shall or shall not be made out of the fund. |
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(4) The power to make a scheme under this section includes the power to amend a scheme so made and shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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| Short title. |
8. This Act may be cited as the Genetically Modified Food and Producer Liability Act 2000.
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