Two states on the opposite sides of the country – Maine and California – are charging forward with legislation that protect farmers whose crops are contaminated by genetically engineered crops.

Both the Maine bill (LD 1650) and California bill (AB 541) would shield farmers from liability in cases where they unknowingly acquired patented seed material. Maine's bill passed the legislature and is expected to be signed by the Governor, while California's bill is still undergoing discussion.

Maine's LD 1650 follows Montville, Maine's decision to pass a town moratorium on planting transgenic crops, as Envirovore reported two weeks ago.

In addition to protecting farmers from liability, these two bills establish the following:

Maine's LD 1650 reduces the threat of wrongful lawsuits by seed companies alleging patent infringement. And, if a patent infringement lawsuit is filed, LD 1650 says it must be tried in Maine. Currently, the contracts tied to Monsanto's patented transgenic seeds ensure that all legal cases be tried in the company's home state, Missouri, regardless of where the farmer lives or what the evidence is against him. This bill also instructs the Department of Agriculture to develop best management practices for growing transgenic crops, which currently do not exist in other states.

California's AB 541 seeks to protect California farmers from intrusive patent infringement investigations by establishing a mandatory crop sampling protocol. That is, if a biotechnology firm (the patent holder) investigates a farmer for illegally using its technology, it must acquire the farmer's written permission for taking samples and provide the option of having a third party present (a designee of the Secretary of Agriculture) during sampling, as well as the option to collect duplicate samples for independent verification.

California already boasts several county ordinances that restrict planting of transgenic crops. Lake County is the latest county to consider a moratorium. AB 541 would be California's first state law specific to transgenic crops, however.

California and Maine's bills would establish similar laws to those in Indiana, North Dakota, and South Dakota – laws initiated after farmers were sued by Monsanto for allegedly stealing its patented seed technology.

Sources: MaineToday.com, Protect Maine Farmers, Genetic Engineering Policy Alliance

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