An Act To Establish a Farmer's Rights in an Investigation of Intellectual Property Theft of Genetically Engineered Material
Maine Legislature, Session 124, LD 1202
Committee Amendment CA_C_H432 (House)

COMMITTEE AMENDMENT "c. " 
to H.P. 827, L.D. 1202, Bill, "An Act To 
Establish a Farmer's Rights in an Investigation of Intellectual Property Theft of 
Genetically Engineered Material" 
Amend the bill in section 2 in § 1 055 by striking out all of subsection 1 (page I, lines 
to 38 and page 2, lines 1 to 5 in L.D.) and inserting the following: 
'1. Investigating violations of technology use agreements; rights of farmers. A 
manufacturer or manufacturer's agent may 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 only if the 
manufacturer or manufacturer's agent: 
A. Gives written notice of the manufacturer's intent to enter the property to the 
farmer and the commissioner and includes 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: 
(I) 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 ifthe agent is to enter the property; 
B. Permits 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. Permits 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; and 
COMMITTEE AMENDMENT 
C--
COMMITTEE AMENDMENT ,~" to H.P. 827, L.D. 1202 
D. Provides reasonable cooperation to the fanner, the commissioner or an agent of 
the farmer or commissioner during the course of activities described in this 
subsection.' 
Amend the bill in section 2 in § 1 055 in subsection 2 in the first line (page 2, line 6 in 
L.D.) by inserting after the following: "agreement" the following: 'entered into after 
October 1, 2009' 
Amend the bill by striking out all ofsectioil 3 (page 2, lines 15 to 40 and page 3, lines 
,8 
to 16 in L.D.) and inserting the following: 
'Sec. 3. 
Adoption of rules to maintain the integrity of crops. The 
Commissioner of Agriculture, Food and Rural Resources shall provisionally adopt rules 
as required under the Maine Revised Statutes, Title 7, section 1054 and submit the rules 
to the Executive Director of the Legislative Council no later than December 15, 2009 for 
review as major substantive rules in accordance with Title 5, chapter 375, subchapter 
2-A. The rules must require a person growing a genetically engineered crop to select 
fields and cultivate the crop in a manner that maintains the integrity of all crops and 
minimizes potential conflicts between farmers.' 
SUMMARY 
This amendment is a minority report of the committee. It removes the language that 
requires a manufacturer of genetically engineered plants to have a court order before 
enter property owned by a farmer under a technology use agreement to acquire samples 
of crops that are the subject of that agreement. It removes the requirement that a 
manufacturer pay costs incurred by the Department of Agriculture, Food and Rural 
Resources while investigating an alleged violation of a technology lise agreement and 
clarifies that the provisions regarding actions alleging a violation of a technology use 
agreement apply only to technology use agreements entered into after October 1,2009. It 
removes provisions pertaining to liability from cross contamination. The amendment also 
directs the Commissioner of Agriculture, Food and Rural Resources to provisionally 
adopt major substantive rules requiring a person planning to grow a genetically 
engineered crop to select fields and cultivate the crop in a manner that maintains the 
integrity of all crops and minimizes potential conflicts between farmers and submit the 
rules to the Executive Director of the Legislative Council by no later than December 15, 
2009 for review in accordance with the Maine Revised Statutes, Title 5, chapter 375, 
subchapter 2-A. 
FISCAL NOTE REQillRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: OS/24/09 ,:;'b?ac::.. 
LD 1202 
LR 931(04) 
An Act To Establish a Farmer's Rights in an Investigation of Intellectual Property Theft of Genetically 
Engineered Material 
Fiscal Note for Bill as Amended by Committee Amendment e" 
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 
Increases the number of civil suits. 
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 associated with rule making can be 
absorbed within existing budgeted resources. 
LR0931 (04) - Fiscal Note - Page 1 of 1