An Act To Amend the Laws Concerning Genetically Engineered Plants and Seeds
Maine Legislature, Session 124, LD 0183
Committee: Agriculture, Conservation and Forestry
Sponsors: SCHATZ, BERRY, EATON, FLEMINGS, HINCK
Amends: 7 MRSA §1051, 7 MRSA §1052, 7 MRSA §1055, 7 MRSA §1056

Legislative Document 
No. 183 
H.P.148 
House of Representatives, January 21, 2009 
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. 
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MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BERRY of Bowdoinham, EATON of Sullivan, FLEMINGS 
of Bar Harbor, HINCK of Portland, PlOTT! of Unity. 
Prinh:d 1111 rl.·..:yd~d p;!pcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §1051, sub-§2, as amended by PL 2007, c. 602, § 1, is further 
amended to read: 
2. Genetically engineered. "Genetically engineered" means the application of in 
vitro nucleic acid techniques 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 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 ribonucleic acid techniques, cell fusion, 
microinjection, macroinjection, encapsulation and 
gene deletion 
and 
doubling. 
"Genetically engineered" does not include products altered exclusively by breeding, 
conjugation, fermentation, hybridization, in vitro fertilization or tissue culture. 
Sec. 2. 7 MRS A §1051, sub-§5, as enacted by PL 2007, c. 602, §4, is amended to 
read: 
5. Technology use agreement. "Technology use agreement" means an agreement 
between a manufacturer and a fanner 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 subject to the provisions of section 1055. 
Sec.3. 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 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.· 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. 
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. 4. 7 MRS A §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 
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amount of acreage of genetically modified crops grown from that plant part, seed or plant 
in the State. 
Sec. 5. 7 MRS A §1053, as enacted by PL 2007, c. 602, §5,is repealed. 
Sec. 6. 7 MRSA §1055 is enacted to read: 
§1055. 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 fanner 
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 property; 
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 coul1 in the State. The venue for an action 
under this subsection is in the county in which one of the parties resides, unless neither 
party resides in the State, in which case the action 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 ofa. technology use 
agreement contrary to this subsection is null and void. 
Sec. 7. 7 MRSA §1056 is enacted to read: 
§1056. 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, causing the person to incur 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 I, except that it 
is not a defense to an action that the: 
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 thari 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 contamimitioTi 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, 
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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 makes the following changes to the genetically engineered plants and seeds 
laws. 
I. 
It amends the definitions of "genetically engineered" and "technology use 
agreement. " 
2. 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 
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Resources the total potential amount of acreage of genetically modified crops grown from 
that plant part, seed or plant in the State. 
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3. It repeals the section of law pertaining to de minimlls possession. 
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 
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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 paI1, seed or plant.