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.

[PL 2007, c. 602, §5 (NEW).]

Terms Used In Maine Revised Statutes Title 7 Sec. 1053

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Genetically engineered: means the 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. See Maine Revised Statutes Title 7 Sec. 1051
  • Manufacturer: means a person that produces or commercializes a genetically engineered plant part, seed or plant, not including a farm operation as defined in section 152, subsection 6. See Maine Revised Statutes Title 7 Sec. 1051
  • 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. See Maine Revised Statutes Title 7 Sec. 1051
  • Venue: The geographical location in which a case is tried.
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.

[PL 2007, c. 602, §5 (NEW).]

SECTION HISTORY

PL 2007, c. 602, §5 (NEW).