England’s Genetic Technology (Precision Breeding) Act 2023 – An Update

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With the UK Government further down the line than the EU on its path to deregulating New GMOs, Claire Robinson of GM Watch and Pat Thomas of Beyond GM provide an update on the status quo of England’s regulation.

As of 13 May 2025, the UK government passed new regulations implementing some parts of the Genetic Technology (Precision Breeding) Act 2023. These new regulations allow the environmental release (for planting and experimentation) and sale of what UK regulators refer to as "precision-bred", or PBO (genome edited) plants and the foods derived from them.  While the geographical scope of the Act is England, via the UK Internal Market Act it is anticipated that the regulations will apply widely to the rest of the UK where sale of PBOs is concerned.  

The Act identifies PBOs as GMOs but creates regulatory exemptions for their planting and commercialisation. This is part of a new product-based regulatory framework that treats these organisms as equivalent to conventionally produced plants, provided they do not contain foreign DNA. However, no tests are mandated (such as ultra-deep long-read whole genome sequencing) that could confirm the absence of foreign DNA. 

Following a six-month World Trade Organization (WTO) implementation period, the new regulatory framework will start on 13 November 2025. From this point, precision bred confirmation notices, confirming PBO status, can be submitted for approval to the farming ministry DEFRA and marketing applications, which give permission for commercial sales, can be submitted to the Food Standards Agency (FSA). PBOs intended for the food or feed market must have confirmation of both PBO status and permission to market. 

The proposed guidance from the FSA explains the two-tiered system for assessing precision bred food and feed. Lower-risk ("Tier1") PBOs are those which are believed to mimic naturally occurring or conventionally bred changes (though no proof is required to establish that this is the case). Higher-risk ("Tier 2") PBOs, e.g. with potential impacts on nutrition, allergens, or toxicity, necessitate some limited safety assessment by the applicant, which is reviewed by the FSA. If, after review, these Tier 2 products are approved, they can be sold on the same basis as Tier 1 products. Importantly, qualifying PBOs in food and feed will not be subject to mandatory labelling or traceability - and environmental releases of PBOs are subject to a lower level of risk assessment. As of May 2025 discussions are ongoing regarding whether seeds and other plant reproductive material will be given a distinct listing on the National Seed List and subject to mandatory labelling.

Although these new regulations apply only to plants, the UK government is currently preparing draft regulations for the environmental and commercial release of PBO animals, which it anticipates will be brought forward by 2027.

Overall, the new regulations pose clear risks – both known and unknown – to public health and the environment. This already irresponsible legislation has been made worse by a bizarre clause in the new regulations that forbid government regulators from applying any test of health or environmental safety that would not be applied to conventionally bred organisms. What this means is that the UK government regulators have removed the necessary tools that would otherwise allow them to trace the origin of any harm to health or the environment that may be caused by a PBO. It would be difficult to come up with a more effective recipe for destroying public trust in PBOs – trust that is already damaged by a lack of transparency in the form of labelling.

References:
- https://www.foodmanufacture.co.uk/Article/2025/05/15/precision-breeding-legislation-backed-by-parliament/
- https://www.osborneclarke.com/insights/new-regulations-signal-next-step-precision-bred-plants-england#:~:text=The%20newly%20proposed%20authorisation%20process,them%20to%20market%20the%20PBO.
- https://gmwatch.org/en/106-news/latest-news/20550