The Department shall establish the Organic Certification Program governing the production and handling of organic agricultural commodities.

The Organic Certification Program established by the Department shall conform to the requirements of the federal Organic Food Production Act, 7 U.S.C. § 6501 et seq., including implementing federal regulations and all subsequent amendments and revisions.

The Department may: Certify producers or handlers who apply for certification under the Department’s organic certification program; Establish requirements governing the production or handling of commodities that are certified by the Department as organically produced; Adopt logos for organically produced commodities that are certified by the Department; and Deny, suspend, or revoke the logo or certification issued by the Department of any producer or handler who violates any regulations adopted under this subtitle.

A person may not represent any uncertified commodity as certified under this subtitle. In addition to the denial, suspension, or revocation of a certificate issued under this subtitle, the Secretary may impose a civil penalty of not more than $1,000 for a violation of this section. Each uncertified commodity represented as certified constitutes a separate violation of this section. Penalties collected by the Secretary under this section shall be paid into the General Fund of the State.

The Department may provide assistance in promoting organically produced commodities certified as provided in regulations adopted under this subtitle.

The Secretary shall set a reasonable fee to defray the cost of conducting field inspections and laboratory analysis as required by the United States Department of Agriculture’s Organic Food Program for accredited certifying agents.

Except as provided by regulations adopted by the United States Department of Agriculture pursuant to the federal Organic Food Production Act, 7 U.S.C. § 6501 et seq., the record custodian shall deny access to any business-related information concerning any person regulated under this subtitle.