An ActTo Establish a Farmer's Rights in an Investigation of Intellectual Property Theft of Genetically Engineered Material
Maine Legislature, Session 124, LD 1202
Committee: AgLiculhlre, Conservation and Forestry
Sponsors: PRATT, KENT, O'BRIEN, PERCY, SCHATZ, SMITH
Amends: 7 MRSA §1052, 7 MRSA §1055, 7 MRSA §1056

MAINE STATE LEGISLATURE 
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6» fATE LAW lf3RAF;" 
AUGUSTA MAWJE 
124th MAINE LEGISLATU 
Legislative Document 
No. 1202 
H.P.827 
House of Representatives, March 26, 
An ActTo Establish a Farmer's Rights in an Investigation of 
Intellectual Property Theft of Genetically Engineered Material 
Reference to the Committee on AgLiculhlre, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative PRATT of Eddington. 
'17/~ /h. 7l!tI£~{ 
MILLICENT M. MacFARLAN]) 
Clerk 
Cosponsored by Representatives: KENT of Woolwich, McCABE ofSkbwhegan, O'BRIEN of 
Lincolnville, PERCY of Phippsburg, SCHATZ of Blue Hill, SMITH of Monmouth. 
Printed all recycled paper 
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-- -' ':1 Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §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 subj ect to the risk of cross-contamination and provide the identity, 
relevant traits or characteristics of the plant part. seed or plant and requirements for its 
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. 
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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. 2. 7 MRSA §1055 is enacted to read: 
§1055. Violations oftechnology 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 
famier 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 notic.e 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 property; 
B. Permit the farmer, the commissioner or an agent of the farmer or cOnmllssioner to 
accompany the manufacturer or manufacturer's agent while samples are taken; 
C. Permit the farmer, the cOnmllssioner or an agent of the farmer ot cOnmllssioner to 
. take matchirig samples or receive split samples of any samples taken by the 
manufacturer or manufacturer's agent. The famer may waive this right with a 
certified letter to the commissioner and the manufacturer or manufacturer's agent; 
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D. Provide reasonable cooperation to the farmer, the commissioner or an agent of the 
farmer or conunissioner during the course of activities described in this subsection; 
and 
E. 
Pay the reasonable costs of the conumsslOner or the conurussioner's agent 
incurred pursuant to paragraphs Band C, as determined by the conurussioner. 
2. Actions.' A teclmology 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, in which case 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 1, 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. 3. 7 MRSA §1056 is enacted to read: 
§1056. Liability resulting from cross..,contamination 
1. Nuisance. If a manufacturer, directly or through its licensees or agents, 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, that manufacturer 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 it 
is not a defense that: 
A. Genetically engineered crops are in common or general use in the geographic 
region in wlllch 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 compensation for 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 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. 
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2. 
It creates a right of action as and damages for a private nuisance against a 
manufacturer ofa. 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. 
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