An Act To Ensure the Integrity of Organic Agricultural Crops
Maine Legislature, Session 124, LD 0804
Committee: Agriculture, Conservation and Forestry
Sponsors: JACKSON, BRYANT, GIFFORD, PERCY, SA VIELLO, THIBODEAU
Amends: 7 MRSA §1055

MAINE STATE LEGISLATURE 
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124tb MAINE LEGISLATURE 
Legislative Document 
No. 804 
S.P.312 
In Senate, March 3, 2009 
An Act To Ensure the Integrity of Organic Agricultural Crops 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Senator JACKSON of Aroostook. 
Cosponsored by Representative CRA Y of Palmyra and 
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JOY J. O'BRIEN 
Secretary of the Senate 
Senator: BRYANT of Oxford, Representatives: GIFFORD of Lincoln, PERCY of Phippsburg, 
SA VIELLO of Wilton, .SMITH of Monmouth, THIBODEAU of Winterport. 
Printed on rccycl~d paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §1055is enacted to read: 
§1055. Coexistence 
'4 
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. 
B. "Organic crop production" means a crop production system that is managed in 
accordance with the United States Department of Agriculture, National Organic 
Program t6 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 
orgaiUc food, fiber, feed or 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. 
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 buffer zones have been incorporated into the organic crop operation 
to ensure the integrity of the operation. A buffer zone must be sufficient in size or 
other features to prevent unintended contact by prohibited substances applied to 
adjacent land areas with an area that is part of an organic crop production operation; 
and 
B. Information regarding whether ,the crop is open-poll~ating, 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. 
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4. Investigation; report. Upon review of the organic system plan filed pursuant to 
subsection 2, the commissioner may: 
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,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 
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B. Report inadequate buffer zones to the United States Department of Agriculture" 
National Organic Program. 
5. Recommendations. If the commissioner finds' that a farmer using genetically 
engineered plant parts, seeds or plants is not adhering to the best management practiees 
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 or the producer. 
' SUMMARY 
TIns bill 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 op~ration, 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 tl1e 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 the farmer or the 
producer.