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By ANN S. KIM, Staff Writer Tuesday, April 24, 2007

AUGUSTA - Organic and conventional farmers find themselves on opposite sides of the fence as the Legislature considers a bill to make manufacturers of genetically modified seeds liable for damages if their products spread to other crops.

Some supporters of the bill, sponsored by Rep. James Schatz, D-Blue Hill, said it would protect farmers' ability to control what they grow, whether they use organic or conventional methods.

Opponents said the bill could cause some manufacturers to remove their products from Maine, depriving conventional farmers of tools they use.

Seth Kroeck of the Crystal Spring Community Farm in Brunswick, a supporter of the bill, says that not enough is known about crops whose genetic material has been scientifically altered to produce particular traits, like resistance to rot or pests. Organic growers could lose their certification if their products mix with genetically modified plants, he said.

"Genetically modified crops are getting more powerful. You put that up against organic food, which is growing as a market," Kroeck said. "We're going to start banging up against each other really soon."

Organic products are grown without the use of synthetic fertilizers and pesticides. Organic livestock is given feed grown in that manner.

Schatz said his bill would assign liability to the manufacturer of genetically engineered plants, rather than the farmers, when someone sues over plants spreading onto their property. A person could sue for damages including the cost of replacement seed and the difference in profit caused by the contamination.

"Being proactive, I think, will prevent a lot grief and strife between our agricultural communities," Schatz told the Agriculture, Conservation and Forestry Committee at a public hearing Monday.

The bill is similar to one that Vermont lawmakers passed last year before Gov. James Douglas vetoed it. Similar bills are in play in several states, including California and New York, according to Logan Perkins, campaign coordinator of Protect Maine Farmers, a group that worked with Schatz on the bill.

In Maine, the most prevalent genetically modified crop is Roundup Ready corn, an herbicide-resistant variety created by Monsanto Co. that is grown as feed, primarily for dairy cows.

Several thousand acres of genetically modified soy beans and canola are also grown, and there are trial acres of alfalfa. Three applications for various types of insect-resistant corn are before the Maine Board of Pesticides Control.

Critics of the bill said it would reduce options for some farmers. Thomas Cote, a dairy farmer from Pittsfield, said Roundup Ready corn lets him cut down on the herbicide he would otherwise use to grow silage corn for his herd. He said he's had no problem with the product mixing with his sweet corn because he makes sure they aren't being pollinated at the same time.

"We want to continue using the products we have. We want to be able to use the products coming down the road," he said.

The state Department of Agriculture also opposes the bill. Agriculture Commissioner Seth Bradstreet III said liability concerns would make manufacturers less willing to invest in Maine. He noted that such products get federal and state approval before they are used.

Vernon DeLong of the Maine Agricultural Bargaining Council said he believes the bill is a back-door approach to eliminating genetically modified crops in Maine. He said farmers in the state benefit from crops like canola. The non-genetically modified type was unsuccessful because of weeds, he said.

"We need to maintain our right to technology," DeLong said.

The Maine Farm Bureau is opposing the bill because the organization's state board feels the issue is too divisive, said Jon Olson, executive director.

Rep. Nancy Smith, D-Monmouth, urged the committee to consider the bill from a business perspective. Smith, who has an organic dairy farm, said the introduction of genetically modified organisms into organic products will cause growers to lose their price premiums, the additional amount of money consumers are willing to pay for such products.

"Let me grow what I want to grow. I'll let you grow what you want to grow," she said.

The committee will revisit the bill at a work session, which has not yet been scheduled.

Staff Writer Ann S. Kim can be contacted at 623-1031 or at: akim@pressherald.com