An Act To
Maine Legislature, Session 123, LD 1650
Committee Amendment CA_A_H851 (House)
Amends: 7 MRSA §1051, 7 MRSA §1053, 7 MRSA §1054

COMMITTEE AMENDMENT "H" to H.P. 1159, L.D. 1650, Bill, "An Act To 
Amend the Laws Concerning Genetically Engineered Plants and Seeds" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 7 MRSA §1051, sub-§2, as enacted by PL 2001, c. 330, § 1, is amended 
to read: 
2. 
Genetically engineered. 
"Genetically engineered" means altered by hl:lman 
manipl:llation at the moleel:llar or eelll:llar level by proeesses, inell:lding reeombinant 
deoxyribonl:leleie acid and ribonl:leleie aeid teehniql:les, eell fusien, mieroeneapsulation, 
maeroeneapsl:llation and introdl:letion of foreign genes the application of in vitro nucleic 
acid techniques, including recombinant deoxyribonucleic acid and direct injection of 
nucleic acid into cells or organelles, or the fusion of cells beyond the taxonomic family, 
that overcome natural physiological reproductive or recombinant barriers and that are not 
techniques used in traditional breeding and selection. "Genetieally engineered" does not 
inelude 
prodl:lets 
altered 
exelusively 
by 
breeding, 
eonjugation, 
fermentation, 
hybridi'lation, in 'litre fertili'lation or tissue eulture.' 
Amend the bill by striking out all of sections 4 to 8 and inserting the following: 
'Sec. 4. 7 MRSA §1051, sub-§5 is enacted to read: 
5. Technology use agreement. 
"Technology use agreement" means an agreement 
between a manufacturer and a farmer that controls the right to plant a given genetically 
engineered plant part, seed or plant on a specific area ofland for a certain period of time. 
Sec. 5. 7 MRSA §1053 is enacted to read: 
§1053. De minimus possession and venue 
1. 
De minim us possession. 
If a genetically engineered product in which a 
manufacturer has rights is possessed by a farmer or found on the property owned or 
occupied by the farmer and the presence of the product is either de minimus or not 
COMMITTEE AMENDMENT 
~~. 
\~.~ .' 
COMMITTEE AMENDMENT "A" to H.P. 1159, L.D. 1650 
intended by the farmer, the farmer is not liable for breach of a seed contract nor for any 
damages claimed by the manufacturer. 
2. Venue. An infringement case brought against a grower who does not have a 
current technology use agreement with a manufacturer must be brought in a venue where 
the farmer resides or where the disputed crop was grown. 
Sec. 6. 7 MRSA §1054 is enacted to read: 
§1054. Rulemaking 
The commissioner shall adopt rules to establish best management practices to 
maintain the integrity of crops and minimize potential conflict between farmers. Rules 
adopted under this section are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on 
Agriculture, Conservation and Forestry. The amendment makes the following changes to 
the bill. 
l. It amends the statutory definition of "genetically engineered." 
2. It removes language that authorizes the inclusion in technology use agreements of 
restrictions on the use of proprietary traits in the creation of new varieties and perm iss ion 
to check for violations of the agreement. 
3. It strikes provisions regarding the process by which a manufacturer may 
investigate a violation of a technology use agreement and strikes language regarding 
liability resulting from cross-contamination. 
4. It provides protection for de minimus or unintended possession of a genetically 
engineered product. 
5. It requires the Commissioner of Agriculture, Food and Rural Resources to adopt 
major substantive rules that establish best management practices to maintain the integrity 
of crops. 
FISCAL ~,,(;TE IUJ..>LIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03121108 
~ac 
LD 1650 
LR 1873(02) 
An Act To Amend the Laws Concerning Genetically Engineered Plants and Seeds 
Fiscal Note for Bill as Amended by Committee Amendment 'A " 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court sytem. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Agriculture, Food and Rural Resources can be absorbed within existing 
budgeted resources. 
LRI873(02) - Fiscal Note - Page I of I