An Act To Amend the Laws Concerning Genetically Engineered Plants and Seeds
Maine Legislature, Session 123, LD 1650
Committee: Agriculture, Conservation and Forestry
Sponsors: SCHATZ, DAMON, FAIRCLOTH, MAREAN, PINGREE, PIOTTI, PRATT
Amends: 7 MRSA §1051, 7 MRSA §1052, 7 MRSA §1054

Legislative Document 
No. 1650 
H.P.1159 
House of Representatives, March 22, 2007 
An Act To Amend the Laws Concerning Genetically Engineered 
Plants and Seeds 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative SCHATZ of Blue Hill. 
Cosponsored by Senator DAMON of Hancock and 
7J'l~ 1??·711~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: FAIRCLOTH of Bangor, MAREAN of Hollis, PINGREE of North Haven, 
PIOTTI of Unity, PRATT of Eddington. 
Printed on recydcd paper 
Be it enacted by the People of the State of Maine as follows: 
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 human 
manipulation at the moleeular or eellular level by proeesses produced through techniques 
in which genetic material has been altered in a way that does not occur naturally by 
mating or natural recombination, including recombinant deoxyribonucleic acid and 
ribonucleic 
acid 
techniques, 
cell 
fusion, 
mieroeneapsulation 
micrOllllection, 
maeroeneapsulation macroinjection, encapsulation, gene deletion and introduetion of 
foreign genes doubling. 
"Genetically engineered" does not include products altered 
exclusively by breeding, conjugation, fermentation, hybridization, in vitro fertilization or 
tissue culture. 
Sec. 2. 7 MRSA §1051, sub-§3, as enacted by PL 2001, c. 330, §1, is amended to 
read: 
3. Seed dealer. "Seed dealer" means a person who cleans, processes, sells or offers 
for sale 5eeds a genetically engineered plant part, seed or plant in this the State. 
Sec. 3. 7 MRSA §1051, sub-§4 is enacted to read: 
4. Manufacturer. "Manufacturer" means a person that produces or commercializes 
a genetically engineered plant part, seed or plant, not including a farm operation for the 
purposes of Title 17, section 2805. 
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 of land for a certain period of time. 
The agreement provisions may include restrictions on the use of proprietary traits in the 
creation of new varieties of a genetically engineered plant part, seed or plant and give 
permission for the manufacturer to enter the farmer's property to check for violations of 
the agreement subj ect to the provisions of section 1053. 
Sec. 5. 7 MRS A §1052, sub-§l, as enacted by PL 2001, c. 330, §1, is amended to 
read: 
1. Instructions. The manufacturer or seed dealer of the genetically engineered 
plants, plant parts or seeds shall provide written instructions to all growers on how to 
plant the plant parts, seeds or plants and how to grow and harvest the crop to minimize 
potential cross-contamination. 
These instructions must be at least as inclusive as 
guidelines issued by the United States Department of Agriculture relative to the 
establishment of buffer zones between genetically engineered plants and wild or 
cultivated plants subject to the risk of cross-contamination and provide the identity, 
relevant traits or characteristics of the plant part, seed or plant and requirements for their 
safe handling, storage, transport and use. The manufacturer or seed dealer shall file a 
copy of these instructions with the commissioner at least 20 days in advance of any sale 
of the genetically engineered plants, plant parts or seeds in this State. 
Instructions under this subsection must be provided to a grower using the plant part, seed 
or plant separately from a technology use agreement and must be in at least 12 point type. 
Sec. 6. 7 MRSA §1052, sub-§2-A is enacted to read: 
2-A. Reporting. For a genetically engineered plant part, seed or plant sold in the 
State, the manufacturer shall report annually to the commissioner the total potential 
amount of acreage of genetically modified crops grown from that plant part, seed or plant 
in the State. 
Sec. 7. 7 MRS A §1053 is enacted to read: 
§1053. Violations of technology use agreements 
1. Investigating violations of technology use agreements; rights of farmers. A 
manufacturer or manufacturer's agent may not enter real property owned or occupied by a 
farmer to acquire samples of a crop grown on the farmer's property from the genetically 
engineered plant part, seed or plant subject to a technology use agreement without an 
order from a court in the State. If a manufacturer obtains a court order required under this 
subsection, the manufacturer or manufacturer's agent shall: 
A. Give written notice of the manufacturer's intent to enter the property to the farmer 
and the commissioner and include a copy of the court order. The notice must be given 
no later than 5 business days before the day the manufacturer or manufacturer's agent 
enters the property. The notice must include the following information: 
(1) The proposed date and time of the entry upon the property; 
(2) The purpose for the entry upon the property; 
(3) The rights provided to a farmer in paragraphs Band C; and 
(4) The identity of a manufacturer's agent if the agent is to enter the land; 
B. Permit the farmer, the commissioner or an agent of the farmer or commissioner to 
accompany the manufacturer or manufacturer's agent while samples are taken; 
C. Permit the farmer, the commissioner or an agent of the farmer or commissioner to 
take matching samples or receive split samples of any samples taken by the 
manufacturer or manufacturer's agent. The farmer may waive this right with a 
certified letter to the commissioner and the manufacturer or manufacturer's agent; 
D. Provide reasonable cooperation to the farmer, the commissioner or an agent of the 
farmer or commissioner during the course of activities described in this subsection; 
and 
E. 
Pay the reasonable costs of the commissioner or the commissioner's agent 
incurred pursuant to paragraphs Band C, as determined by the commissioner. 
2. Actions. A technology use agreement must require that an action alleging a 
violation of the agreement be brought in a court in the State. The venue for an action 
under this subsection must be brought in the county in which one of the parties resides, 
unless neither party resides in the State, then the venue must be brought in the county in 
which the land subject to the technology use agreement is located. If a manufacturer 
prevails in an action alleging a violation of a technology use agreement, the manufacturer 
may be awarded any costs incurred pursuant to subsection 3, paragraph E, in addition to 
any other damages to which the manufacturer is entitled. A provision of a technology use 
agreement contrary to this subsection is null and void. 
Sec. 8. 7 MRSA §1054 is enacted to read: 
§1054. Liability resulting from cross-contamination 
1. Nuisance. A manufacturer, directly or through its licensees or agents, that cross-
contaminates land owned or occupied by a person with whom the manufacturer has not 
entered a technology use agreement and the person incurs damages of more than $250 
after mitigation commits a private nuisance for which the person may bring an action. 
2. Defenses preserved. A manufacturer may employ a defense at law or equity 
available in a private nuisance action against an action under subsection 1, except that: 
A. Genetically engineered crops are in common or general use in the geographic 
region in which the land on which the nuisance occurs is located; or 
B. The person owning or occupying the lands has a duty to establish a buffer zone or 
otherwise initiate measures to protect against cross-contamination. 
3. Knowing possession or use. A person that contaminates the property of another 
with a product that is sold, licensed, leased or given to the person by a manufacturer or 
the manufacturer's agent is not liable to the manufacturer unless the contamination was 
willful, premeditated and undertaken with the specific purpose of harming the property of 
another. Liability may not be proved solely from evidence that the person ignored or 
failed to apply directions or instructions received from or failed to observe conditions 
imposed by the manufacturer. 
4. Unknowing possession or use. A person other than a manufacturer that is not in 
breach of a technology use agreement and that unknowingly possesses or uses a 
genetically engineered plant part, seed or plant as a result of natural reproduction, 
pollination or other contamination is not liable for any damages, attorney's fees or costs 
caused by that possession or use. 
5. Damages. A person that prevails in an action against a manufacturer under this 
section may recover compensatory damages, reasonable attorney's fees and other 
litigation expenses and costs. Liability or damages under this section may not be waived 
or otherwise avoided other than by insurance. A cause of action under this section does 
not preclude other actions in law and equity for the same conduct, except that there may 
be only one recovery of damages. Damages awarded in an action brought under this 
section may include economic losses, such as: 
A. The loss of any price premium or price differential that would have accrued by 
contract or that would have been otherwise reasonably available through ordinary 
commercial channels; 
B. Reasonable additional transportation, storage or handling costs; 
C. The cost of purchasing replacement seed or feed if the former seed or feed is no 
longer available for the person's use; and 
D. The amount of an adverse judgment, charge or penalty for which the person is 
liable because of breach of contract, including loss of organic certification, resulting 
from the cross-contamination. 
SUMMARY 
This bill does the following. 
1. It amends the definition of "genetically engineered" and "seed dealer." 
2. It defines "technology use agreement." 
3. It requires the manufacturer of a genetically engineered plant part, seed or plant 
sold in the State to report annually to the Commissioner of Agriculture, Food and Rural 
Resources the total potential amount of acreage of genetically modified crops grown from 
that plant part, seed or plant in the State. 
4. It provides for a process by which a manufacturer of a genetically engineered 
plant part, seed or plant may investigate a violation of a technology use agreement and 
the rights of a farmer during an investigation. 
5. 
It creates a right of action as and damages for a private nuisance against a 
manufacturer of a genetically engineered plant part, seed or plant that cross-contaminates 
a person's land and limits the liability of knowing and unknowing users and possessors of 
a genetically engineered plant part, seed or plant.