Detailed requirements for notification of GM crop growing and for GM crop handling

Passed 26.01.2012 Annex 11

This Regulation is established pursuant to § 28¹ (5) and § 284 (3) of Deliberate Release into the Environment of Genetically Modified Organisms Act.

§ 1.  Scope of application

 (1) This Act provides content and formal requirements for notification to be given of GM maize and potato growing and for notification distance and detailed requirements for handling.

 (2) This Act is not applied to the transportation of duly packaged GM maize seed and seed potato.

§ 2.  Notification given to the holder of the field within notification distance and notification distance

 (1) Before starting GM crop growing, handler shall notify the holder of the field within notification distance of the intention to grow a GM crop either by post with advice of delivery according to the standard form established in Annex or electronically (signed digitally).

 (2) Handler shall add to the notification a map or its copy, indicating the number of the reference parcel intended for GM crop growing and the number of the reference parcel within notification distance. If possible, handler shall also indicate on the map of the reference parcel the field intended for GM crop growing and the areas of the reference parcel within notification distance.

 (3) Notification distance shall be as follows:
 1) 400 m for GM maize;
 2) 100 m for GM potato.

§ 3.  GM crop growing and growing distance

 (1) GM crops are grown in a field where the shortest distance from the edge of the field under a non-GM crop of the same plant species is the following:

 (2) Growing distance is measured from the edge of the field under a GM crop to the edge of the field under a non-GM crop.

 (3) On the edge of the field under a GM crop a non-GM crop of the same plant species is grown (buffer zone). This crop is harvested at the same time as the GM crop and is regarded as the harvest of the GM crop. The minimum width of the buffer zone is the following:

 (4) A non-GM crop of the same plant species may be grown in the field where a GM crop has been grown after the GM crop growing period. The crop growing period is the following:

§ 4.  Requirements for the transportation of GM crops

 (1) When transporting or loading, accidental release of GM crops to the environment must be avoided.

 (2) Transported GM maize seed and seed potatoes or grain and potato harvest must be in carefully closed tanks or covered.

 (3) Seeds and tubers which have separated from GM maize seeds or potato tubers during transportation must be gathered up.

§ 5.  Requirements for the storage of GM crops

 (1) GM crop seeds, propagating material or harvest must be stored separately from non-GM crop seeds or propagating material.

 (2) Storage room and the container to store a GM crop must be marked with reference to the GM crop.

§ 6.  Cleaning requirements when handling GM crops

 (1) After use, the equipment used for handling GM crops must be cleaned from all GM maize seeds or seed potatoes.

 (2) Storage room and the container used to store a GM crop must be cleaned from maize seeds or seed potatoes before the storage of a non-GM crop in the same room and container.

§ 7.  Removal of emerged plants from a GM crop

 (1) After GM crop growing handler shall remove the plants emerged from maize seed or seed potato before the plant has started to produce pollen, viable seeds or other propagating material.

 (2) Emerged plants must be removed from the field within the period laid down in § 3 (4).

 (3) Emerged plants must also be removed from the area traversed when transporting GM crop seed, seed potato or harvest.

Helir-Valdor Seeder
Minister

Ants Noot
Secretary General

Annex