We've just received word that the Maine bill on genetic cross- contamination proposed by the Maine Organic Farmers and Gardeners Association and introduced by Representative Linda Rogers McKee (D-Wayne) has been signed into law. L.D. 1266 requires manufacturers or seed dealers of genetically engineered plants, plant parts or seeds to provide written instructions to all growers on how to plant, grow, and harvest the crops to minimize potential cross-contamination of non-genetically engineered crops or wild plant populations. Copies of the instructions must be filed with the Maine Commissioner of Agriculture at least 20 days in advance of any sale of the GE plants in Maine. The bill also requires the manufacturer or the seed dealer to identify and maintain a list of the names and addresses of all Maine growers of its GE plants (except for seeds sold at retail level in packets weighing less than one pound), and to permit the Commissioner of Agriculture to inspect the list when requested to facilitate an investigation into a claim of cross-contamination.

Failture to comply with the requirements of the Act may result in a civil fine of up to $1,500, or loss or suspension of the violator's license to do business in Maine. The text available on the Maine Legislature's website is the original MOFGA proposal, not the final amended version. Requests for the final text may be directed to Sharon Tisher, sharon_tisher@umenfa.maine.edu, (207)581-3158.

MOFGA's original proposal would have made manufacturers strictly liable for any damages due to cross-contamination. That provision dropped out of the amended version after extensive negotiation in order to secure a unanimous "Ought to Pass" vote from the Joint Standing Committee on Agriculture, Conservation and Forestry.

Sharon Tisher, chair of MOFGA's Public Policy Committee, observed that, "We are delighted that this legislation passed. It's not all that we asked for, but it takes an important and necessary first step toward ensuring that manufacturers address the problem of cross contamination, and that growers are aware of the problem and are instructed in how to prevent it."

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