Section 35: Offenses and penalties

(1) Any person, institution or body who:
(a) imports, export transit or otherwise carries out the activity of contained use or commercial release of any genetically modified organisms without a prior approval or permit of the Agency; or
(b) contravenes the conditions of the grant of an approval or permit under this Act, commits an offence and shall be liable on conviction:
(i) in the case of an individual, to a fine of not less than N2,500,000.00 or imprisonment for a term of not less than 5 years or both such fine and imprisonment; or
(ii) in the case of a body corporate to a fine of not less than N5,000,000 and, in addition, the directors or officers of the body corporate shall each be liable to a fine of not less than N2,500,000.00 or imprisonment for a term of not less than 5 years or both such fine and imprisonment.
(2) For the purpose of section 24 (1) of this Act, any applicant who:
(a) becomes aware, after the grant of approval or permit to him, of any new information which indicates that the genetically modified organism poses possible risk to human health, animal, plant or the environment and fails to give such information to the Agency; and
(b) gives any false information purporting to be new information that suggest that the genetically modified organisms in respect of which approval or permit was refused has not adverse effect on human health, animal, plant or the environment, commits an offence under this Act and shall on conviction be liable to:
(i) in the case of an individual, to a fine of not less than N2,500,000.00 or imprisonment for a term of not less than 5 years or both such fine and imprisonment; or
(ii) in the case of a body corporate to a fine of not less than N5,000,000.00 and in addition, the directors or officers of the body corporate shall each be liable to a fine of not less than N2,500.000.00 or imprisonment for a term of not less than 5 years or both fine and imprisonment.