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An Act To Amend the Laws Concerning Genetically Engineered Plants and Seeds
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 molecular or cellular level by processes, including recombinant deoxyribonucleic acid and ribonucleic acid techniques, cell fusion, microencapsulation, macroencapsulation and introduction of foreign genesthe application of in vitro nucleic acid techniques, 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. "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 seedsa genetically engineered plant part, seed or plant in thisthe 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.
Sec. 5.  7 MRSA §1053  is enacted to read:
§ 1053. De minimus possession and venue
1.  De minimus possession.   If a genetically engineered product in which a manufacturer has rights is possessed by a farmer or found on the property owned or occupied by the farmer and the presence of the product is either de minimus or not intended by the farmer, the farmer is not liable for breach of a seed contract nor for any damages claimed by the manufacturer.
2.  Venue.   An infringement case brought against a grower who does not have a current technology use agreement with a manufacturer must be brought in a venue where the farmer resides or where the disputed crop was grown.
Sec. 6.  7 MRSA §1054  is enacted to read:
§ 1054. Rulemaking
The commissioner shall adopt rules to establish best management practices to maintain the integrity of crops and minimize potential conflict between farmers. Rules adopted under this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Effective July 18, 2008