01-001-9 Me. Code R. § 4

Current through 2024-51, December 18, 2024
Section 001-9-4 - BEST MANAGEMENT PRACTICES (BMPs)
1. Know your neighbors and neighboring crops.
A. Crop growers must be proactive and visually inspect both the fields they intend to plant and any adjacent land to see if there are any fields that could potentially be at risk from pollen transfer. Equally, the person concerned about cross-pollination or outcrossing must be proactive and seek to know when a person is growing a crop that could affect his/her crop.
B. Crop growers concerned about pollen transfer who see that there are adjacent fields managed by other farmers must initiate conversations with these neighbors to determine what crops they will be growing and discuss how to preserve the integrity of their crops before they are planted. These actions will minimize concerns over cross pollination and further the Department's goal of co-existence.
C. If there are conflicts or concerns about communication, the Department, the Board of Pesticides Control or Cooperative Extension may be able to help identify issues and possible solutions. A formal mediation process is also available and details may be found in the Department's Manual of Best Management Practices.
2. Employ the protective procedures most appropriate for the crop and the characteristics of the site after considering the following:
A. Plant sensitive crops as far as possible from neighbors who grow these crops;
B. Understand the differences between wind-pollinated, insect pollinated or self-pollinated crops and that the type of pollination will result in very different buffer and setback distances;
C. Establish setbacks of 300 feet for corn, yellow crookneck squash and zucchini and note that none are needed for alfalfa, canola, potatoes, sugar beets and tomatoes;
D. Create a time separation by planting crops at least ten days apart from the date your neighbor plants the same crop to minimize potential crop contamination;
E. Be aware of the direction of prevailing winds and the likelihood of pollen drift;
F. Separate fields, or change their orientation to minimize common borders;
G. Arrange the design of any required refuge area to minimize the opportunity for pollen drift onto an adjacent crop;
H. Be aware that large fields next to large fields have more chance of cross-pollinating;
I. Destroy border rows because most contamination happens at the edges and this action helps minimize the possibility of contaminated seed crops;
J. Utilize natural buffers, and if there are ongoing problems, plant a hedge or some other kind of buffer to minimize conflict over the longer term noting that the taller or thicker the barrier between fields, the less chance of cross-contamination; and
K. Recognize line of sight issues and be aware that if you can see your neighbor's field there is a higher chance of pollen or bees moving between the fields.
3. Learn more about the development of this rule and additional details about GE crops by reviewing the Department's Manual of Best Management Practices.
4. As the Department identifies additional resources and approaches to this issue, those resources will be added to the Department's Manual of Best Management Practices for Maine Agriculture which may be downloaded from the Department's website.

01-001 C.M.R. ch. 9, § 4