An Act To Amend the Laws Concerning Genetically Engineered Plants and Seeds
Maine Legislature, Session 123, LD 1650
Committee Amendment CA_A-SA_A_S571 (Senate)
Amends: 7 MRSA §1055

SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H.P. 
1159, L.D. 1650, Bill, "An Act To Amend the Laws Concerning Genetically Engineered 
Plants and Seeds" 
Amend the amendment by inserting after section 6 the following: 
'Sec. 7. 7 MRSA §1055 is enacted to read: 
§1055. Coexistence 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Buffer zone" means an area located between an organic crop production 
operation or portion of an organic crop production operation and an adjacent land 
area that is not maintained under organic management. A buffer zone must be 
sufficient in size or other features to prevent the possibility of unintended contact by 
prohibited substances applied to adjacent land areas with an area that is part of an 
organic crop production operation. 
B. "Organic crop production" means a crop production system that is managed in 
accordance with the United States Department of Agriculture, National Organic 
Program to respond to site-specific conditions by integrating cultural, biological and 
mechanical practices that foster cycling of resources, promote ecological balance and 
conserve biodiversity. 
C. 
"Organic system plan" means a plan of management of an organic crop 
production operation that has been agreed to by the producer and a certifYing agent. 
"Organic system plan" includes a written plan concerning all aspects of agricultural 
production or handling described in the standards recommended by the United States 
Department of Agriculture, National Organic Standards Board. 
D. "Producer" means a person who engages in the business of growing or producing 
organic food, fiber, feed and other agricultural-based consumer products as evidenced 
by a certificate of commercial agricultural production issued by the State Tax 
Assessor pursuant to Title 36, section 2013. 
SENATE AMENDMENT 
R.OfS, 
SENATE AMENDMENT 'If" to COMMITTEE AMENDMENT "A" to H.P.1159. L.D.1650 
2. Organic system plan; requirement. A producer that is engaged in organic crop 
production shall file an organic system plan within 30 days of planting. The plan must 
include: 
A. Evidence that sufficient buffer zones have been incorporated into the operation to 
ensure the integrity of the organic crop operation; and 
B. Information regarding whether the crop is open-pollinating, the amount of pollen 
likely produced, the distance the pollen moves and any information available on the 
dominant wind direction in the area. 
3. Notification of likelihood of cross-pollination. The producer must notify the 
commissioner if there is a likelihood of cross-pollination from genetically engineered 
crops. 
4. Investigation; report. Upon review of the organic system plan filed pursuant to 
subsection 2, the commissioner may: 
A. 
Initiate an investigation of the organic crop production operation if the 
commissioner finds that the organic system plan does not provide evidence of sound 
measures to ensure the integrity of the organic crop operation, including buffer zones, 
or include steps to prevent commingling with unapproved nonorganic materials or 
conventional crops; and 
B. Report inadequate buffer zones to the United States Department of Agriculture, 
National Organic Program. 
S. Recommendations. If the commissioner finds that a farmer using genetically 
engineered plant parts, seeds or plants is not adhering to the best management practices 
adopted pursuant to section 1054, or that the organic system plan filed by a producer does 
not ensure the integrity of the organic crop operation, the commissioner shall recommend 
the use of best management practices to the farmer and the producer. 
Sec. 8. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
AGRICULTURE, FOOD AND RURAL RESOURCES, DEPARTMENT OF 
Division of Animal Health and Industry 0394 
Initiative: Provides an appropriation for a half-time position and related administrative 
costs to review organic system plans and follow up on plans that appear to be deficient. 
GENERAL FUND 
2007-08 
2008-09 
POSITIONS - LEGISLATIVE COUNT 
0.000 
0.500 
Personal Services 
$0 
$25,290 
All Other 
$0 
$5,907 
GENERAL FUND TOTAL 
$0 
$31,197 
SENATE AMENDMENT 
SENATE AMENDMENT "A " 
to COMMITTEE AMENDMENT "A" to H.P. 1159, L.D. 1650 
SUMMARY 
This amendment requires all producers engaged in organic crop production to file an 
organic system plan within 30 days of planting. The plan must include evidence that 
sufficient buffer zones are incorporated into the operation to ensure the integrity of the 
organic crop operation. If the Commissioner of Agriculture, Food and Rural Resources 
finds that an organic system plan does not provide evidence of sound measures to ensure 
the integrity of the organic crop operation, the commissioner is authorized to report 
inadequate buffer zones to the United States Department of Agriculture, National Organic 
Program. If the commissioner finds that a farmer using genetically engineered plant 
parts, seeds or plants is not adhering to the use of best management practices or that the 
organic system plan filed by a producer does not ensure the integrity of the organic crop 
operation, the commissioner is directed to recommend best management practices to both 
the farmer and the producer. This amendment also adds an appropriations and allocations 
section to the amendment. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSORED BY: ---'<Id2'¥o' 
."J-'!!f"f-'Q/)-+-~J'-\o;::G~Q~· ~6't4 IP1f)Jtu.aOM...-,-,-=-
(Senator SHERMAN) d 
COUNTY: Aroostook 
SENATE AMENDMENT 
Revised: 04/04/08 frae 
LD 1650 
LR 1873(06) 
An Act To Amend the Laws Concerning Genetically Engineered Plants and Seeds 
Fiscal Note for Senate Amendment "A " to Committee Amendment "A" 
Sponsor: Sen. Sherman of Aroostook 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$0 
$0 
2008-09 
$31,197 
$31,197 
Projections 
2009-10 
$42,727 
$42,727 
Projections 
2010-11 
$44,818 
$44,818 
Provides a General Fund appropriation to the Department of Agriculture, Food and Rural Resources of $31,197 in 
fiscal year 2008-09 for a half-time position and related administrative costs to review organic system plans submitted 
by producers and follow-up on plans that appear to be deficient. 
LRI873(06) - Fiscal Note - Page I of 1