FROM STAFF REPORTS

Spencer Aitel says his livelihood is protected like never before, but he still feels disappointed and nervous.

Legislators last week revamped rules governing the use of genetically engineered crops, limiting organic farmers' exposure to lawsuits and forcing the state to develop best practices for growing the so-called "GE" crops.

But as important as those changes are for Aitel and other organic farmers, who hoped the law would require GE seed producers to report sales in the state, there is still a lot of work to be done.

"It's a big step forward but it's not as much of a step as it should be," said Aitel of Two Loons Farm, an organic dairy farm in South China. "In general, what we're looking for is better protection."

Maine's debate over the use of genetically engineered crops, which are modified to resist pests, has spiked in recent months.

Last year, Maine became the last state in the union to allow the use of Bt corn. Voters at last month's Montville town meeting approved a 10-year moratorium on growing genetically engineered crops within town limits.

Still, the number of farmers growing genetically engineered crops has grown quickly during the past 10 years. Farmers say the modified crops safely produce a better yield, while reducing exposure to pesticides and herbicides.

Organic growers disagree. They question the safety of genetically engineered crops and worry about cross-pollination with their natural crops. Organic growers worry that contamination could destroy a farm's organic certification and open the door to potential lawsuits for copyright infringement.

While no known lawsuits for have been filed in Maine, companies that produce genetically engineered seeds have sued farmers in other states for allegedly stealing technology.

LD 1650, a bill that passed the state House of Representatives on April 8 and is expected to be signed into law by Gov. John Baldacci, removes liability for unintended possession of a genetically engineered product and forces any infringement case brought against a grower to be tried in a Maine court.

"For us, it's of huge significance," said Aitel, who saves and cultivates his own seeds from year to year. "The threat of lawsuits is not just imagined, it's real."

While protection from lawsuits is vital, Russell Libby, executive director of the Maine Organic Farmers and Gardeners Association, believes the bill's real benefit is clarifying which seeds are subject to regulation and re-emphasizing the role seed companies play in reiterating the importance of planting directions.

Planting instructions are important in order to avoid problems with neighbors.

"The most important part is it directs the (Department of Agriculture) to come up with best-management practices to avoid conflict," Libby said.

"I think our solution is going to have to be based 98 percent on prevention."

Libby predicted those management practices will be rely heavily on guiding communication between farmers.

While crafted to curb cross-pollination, the bill should not pit conventional farmers against organic growers, said Rep. Benjamin Pratt, D-Eddington, one of the co-sponsors.

"I think it gives some protection to Maine farmers," he said. "What I don't want to see is farmers suing farmers. There's good things for everybody in here."

"All farmers care about the future of Maine agriculture," said Rep. John Piotti, D-Unity, a co-sponsor of the bill. "We don't know what the future is, all we know is it's going to be different from the present."

Tom Cote of Somerset Farms, a Pittsfield dairy farm in Pittsfield, said the legislation will not hinder his use of genetically engineered products, but he worries the new rules set a precedent that could lead to more restrictions.

"I don't see the need for this legislation," he said. "They're trying to solve a problem that doesn't exist."

Craig Crosby--487-3288

ccrosby@centralmaine.com