Plain Text Law

Title 15 — Subtitle 22. Organically Produced Commodities

Chapter 01. Organic Definitions

Regulation .01 Definitions.Copy Citation

A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Allelochemic” means a substance produced by an organism, or synthesized, that produces one or more reactions in a different species.
(2)
“Certified handling operation” means a processor, distributor, or retailer that has obtained a permit under this subtitle.
(3)
“Commingled” means inseparably mixed or interspersed with other product and not distinguishable from it.
(4)
“Cover crop”, “nurse crop”, “intercropping”, or “green manure crop” means a crop:
(a)
Planted primarily to cover the soil surface as mulch to retain moisture, prevent erosion, and recover and bind available nutrients from the soil for future use; or
(b)
To be plowed under to replenish nutrients in the soil and increase soil tilth.
(5)
“Department” means Maryland Department of Agriculture.
(6)
“Distributor” means a person who transports or sells food or fiber for resale.
(7)
“Farm” means land or growing area used for agricultural purposes under the management of a permitted producer or applicant for a certification permit.
(8)
“Farm unit” means a tillable unit or growing area which has definite boundaries and for which an individual management plan is developed by an applicant for a certification permit.
(9)
“Handle” means to sell, process, or package agricultural products.
(10)
“Handler” means any person engaged in the business of handling agricultural products.
(11)
“Julian date” means a calendar date expressed by three consecutive digits which indicate the day of the year in a series from 001 (=January 1) to 365 (= December 31 of a non-leap year) or 366 (= December 31 of a leap year).
(12)
“Logo” means either the Maryland certified organic logo or the Maryland organic certification pending logo.
(13)
“Organic” or “organic product” means a product that is produced, handled, and certified as provided by COMAR 15.22.02 and 15.22.03.
(14)
“Organic farming” means a system of farm management practices designed to:
(a)
Build, replenish, and maintain soil fertility by providing optimal conditions for soil biological activity;
(b)
Build soil humus by:
(i)
Using crop rotations,
(ii)
Using organic materials for soil building, and
(iii)
Applying balanced mineral amendments;
(c)
Reduce the use of off-farm inputs and reliance on nonrenewable resources; and
(d)
Use, when necessary, mechanical, botanical, or biological methods to control pests.
(15)
“Organic farm plan” means a producer-established written plan for the present and future (for the next 3 years or longer) management of an organic farm, including, but not limited to, written plans to rotate crops, build humus, stabilize soil nutrients, and build fertility levels.
(16)
“Organic handling plan” means a written plan to manage an organic handling operation, including all aspects of processing and handling and other practices as required under this subtitle, and that has been approved by the Department.
(17)
“Permaculture” means a system of farming, such as orchards, in which the soil is not tilled or renewed annually.
(18)
“Person” means an individual, group of individuals, corporation, association, organization, cooperative, or other entity.
(19)
“Pesticide” means any substance or mixture of substances intended for:
(a)
Preventing, destroying, repelling, or mitigating any pest;
(b)
Use as a plant regulator, defoliant, or dessicant; or
(c)
Use as a spray adjuvant such as a wetting agent or adhesive.
(20)
“Pheromone” means a substance that is produced and discharged by an organism, or synthesized and released, that induces one or more physiological responses in another organism of the same species.
(21)
“Processor” means a person who manufactures agricultural commodities into agricultural products.
(22)
“Producer” means a person who grows or produces organic food, fiber, seed, planting material, or feed.
(23)
“Raw manure” means agricultural animals' excrement, both solid and liquid, that has not been aged, aerated, composted, fermented, aerobically digested, or otherwise humified or processed in such a way as to improve its value as a biological activator.
(24)
“Retailer” means a person, other than the operator of a restaurant, who sells product at retail to its ultimate consumer.
(25)
“Secretary” means the Secretary of Agriculture or the Secretary's designee.
(26)
“Synthetic” means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources, except that this term does not apply to substances created by naturally occurring biological processes.
(27)
“Vendor” means a person who sells organic food or products.

Chapter 02. Organic Product Standards

Regulation .01 Scope.Copy Citation

A.
The purpose of these regulations is to establish standards that producers, processors, distributors, and retailers shall follow in order to have products which they have either produced or are handling certified as organic under the Department of Agriculture's organic certification program.
B.
Producers are required to implement an organic farm plan which concentrates on sustainable farming practices. These practices include the use of cover crops, recycled animal and plant matter, beneficial insects, crop rotation, and green manures to build and maintain soil fertility and to control major pests.
C.
These regulations also denote what the processor, distributor, and retailer shall do in order to have products they are marketing as organic under the Department's program continue in that status, such as the implementation of an organic handling plan.

Regulation .02 Organic Farm Plan.Copy Citation

A producer shall manage a farm in accordance with an organic farm plan that meets the requirements of this subtitle.

Regulation .03 Soil Management.Copy Citation

A.
Soil Fertility. A producer shall promote soil fertility.
B.
Crop Rotation.
(1)
A producer shall rotate all crops, except crops that are:
(a)
Perennials;
(b)
Included in a permaculture system;
(c)
Grown in containers; or
(d)
Grown on a nonrotating basis as approved by the Department as part of the farm plan.
(2)
A producer shall maintain a soil cover during the nonproducing season. The producer may use crop residue, mulch, or green manure crops.
(3)
Rotation Plan. A producer shall build and maintain balanced nutrient levels in the soil using such methods as:
(a)
Alternation of crops;
(b)
Green manure crops;
(c)
Cover crops and nurse crops;
(d)
Crops with deep roots to stabilize the soil and bring nutrients from the subsoil;
(e)
Alternation of plants that use large quantities or small quantities of nutrients;
(f)
Plants with allelochemic or mineral-accumulating properties; and
(g)
Plantings which fix or bind nitrogen.
C.
Manuring.
(1)
A producer may not apply raw manure in a way that significantly contributes to water contamination by nitrates or bacteria, such as applying it to frozen ground.
(2)
A producer may apply raw manure to:
(a)
Green manure crops;
(b)
Perennial crops;
(c)
Crops not for human consumption; or
(d)
Crops for human consumption, if the crop is harvested 120 days or more following the most recent manure application.
(3)
A producer may use manure composted either by aerobic digestion or controlled fermentation, or both.
(4)
A producer may use liquid manure slurry if the slurry is aerated by adding carbon to the slurry. Its application is limited in the same manner as the application of raw manure as provided in this regulation.

Regulation .04 Soil Amendments and Fertilizers.Copy Citation

A.
A producer may use any of the substances or practices in §B of this regulation.
B.
A producer shall follow label instructions, when applicable, when using the following substances:
(1)
Adjuvants and wetting agents (organic);
(2)
Animal manures;
(3)
Biodynamic preparations;
(4)
Blood meal;
(5)
Bone meal;
(6)
Boron/borax;
(7)
Chelates and fritted trace elements;
(8)
Composts;
(9)
Diatomaceous earth;
(10)
Dolomite;
(11)
Epsom salts;
(12)
Fallowing;
(13)
Fish emulsion;
(14)
Fish meal;
(15)
Gibberellic acid and other naturally occurring growth regulators;
(16)
Green manures;
(17)
Greensand;
(18)
Ground oyster, clam, lobster, crab shells;
(19)
Gypsum;
(20)
Hoof and horn meal (low lead);
(21)
Kelp or seaweed meals, extracts, and algae;
(22)
Legumes as cover crops;
(23)
Limestone;
(24)
Microbial compost or soil inoculants;
(25)
Micronutrients (dry and foliar);
(26)
Molybdenum (various);
(27)
Mulches;
(28)
Peat moss;
(29)
Perlite;
(30)
Potassium sulfate;
(31)
Rock or colloidal phosphate (low heavy metals);
(32)
Sawdust;
(33)
Sulfate of iron, manganese, and molybdenum;
(34)
Sulfate of zinc, boron, copper;
(35)
Sulfur (elemental);
(36)
Sul po mag (langbeinite);
(37)
Vermiculite;
(38)
Wood ashes;
(39)
Worm castings; or
(40)
Any other substance or practice approved by the Department.
C.
A producer may not apply any allowed soil amendment or fertilizer at a rate that exceeds that recommended by an agency or a laboratory approved by the Department.
D.
A producer shall forward to the Department the label and any other instructions for any product approved by the Department but not listed in this regulation.

Regulation .05 Seeds, Seedlings, and Planting Stock.Copy Citation

A.
A producer may grow a crop conventionally on the same farm used to grow a certified product only if the crop grown conventionally is visually different from those crops grown organically.
B.
A producer shall use plant propagules produced according to the organic standards as provided in this subtitle.
C.
Seeds and Planting Stock.
(1)
General Rule. To the extent feasible, a producer shall use organically produced seeds and planting stock, including:
(a)
Bulbs;
(b)
Plant material derived through tissue culture; and
(c)
Tubers.
(2)
Use of Untreated, Nonorganically Produced Materials. If the use of organically produced seeds and planting stock is not feasible, a producer may use the following untreated, nonorganically produced materials to produce an organic crop:
(a)
Bulbs;
(b)
Plant material derived through tissue culture;
(c)
Tubers; and
(d)
Seeds, except those used for sprouts.
(3)
Use of Treated, Nonorganically Produced Materials.
(a)
Except as provided in §C(3)(b) of this regulation, a producer may not use treated, nonorganically produced materials to produce an organic crop.
(b)
For each of the following limited reasons, a producer may use treated, nonorganically produced bulbs, crowns, seeds, shoots, slips, tissue culture plants, and tubers to produce an organic crop:
(i)
Treatments limited to fungicides;
(ii)
Commercial unavailability of untreated seeds or other organically produced planting stock of the same variety, and documentation of the producer's efforts to source untreated seeds or planting stock;
(iii)
Use of treated seeds, as required by phytosanitary regulations, necessary to prevent endemic diseases; or
(iv)
An unanticipated or emergency circumstance that makes it infeasible to obtain untreated seeds or other planting stock.
(4)
Annual Seedlings and Transplants. Unless organic seedlings or planting stock have been destroyed by a natural disaster or other unanticipated circumstance, a producer shall organically produce annual seedlings and transplants.
(5)
Perennial Crops. For perennial crops, a producer may use nonorganically produced planting stock to produce a crop which may be sold, labeled, or represented as organically produced only if the planting stock has been maintained under a system of organic management on a certified organic farm for a period of not less than 1 year.
(6)
Prohibited Sources of Planting Stock.
(a)
Except in cases of emergency, if transplants are destroyed by frost, flood, or other natural disaster, a producer is prohibited from using annual transplants that have not been produced according to the standards set forth in this regulation.
(b)
In cases of emergency, a producer shall notify the Department immediately regarding an emergency and submit the notification in writing within 7 days.
(c)
The Department shall verify the emergency conditions and determine a maximum length of time during which the organic producer may use annual transplants that have not been produced according to these standards.
(d)
A producer may not use genetically engineered seeds, seedlings, and planting stock.

Regulation .06 Irrigation.Copy Citation

A.
In areas where irrigation is necessary or desired, a producer shall include in the application for a certification permit and the farm plan an analysis of water quality and soil salinization.
B.
A producer who irrigates and who is suspected by the Department to have a water-quality or soil-salinization problem shall:
(1)
Retest for water quality or soil salinization, as required by the Department; and
(2)
Submit tissue-test results for at least one edible crop produced each year until a residue from water contaminated with a substance prohibited by this subtitle is not found in the crop, and at least every third year after that.

Regulation .07 Tillage and Weed Control.Copy Citation

A.
A producer may use, subject to applicable label instructions:
(1)
Timely mechanical or hand cultivation;
(2)
Crop rotations and use of smother crops;
(3)
Mowing;
(4)
Mulches (organic);
(5)
Practices that prevent introduction of weed seeds into fields, such as mowing borders, cleaning equipment, and use of weed-free inputs;
(6)
Companion cropping or intercropping;
(7)
Electrical or flame weeding equipment;
(8)
Grazing;
(9)
Row covers;
(10)
Isolation techniques;
(11)
Biological agents or predators;
(12)
Cover cropping;
(13)
Soap-based herbicides; or
(14)
Control of Maryland designated noxious weeds, as required by Agriculture Article, Title 9, Subtitle 4, Annotated Code of Maryland.
B.
If justified and approved by the Department as part of the farm plan, a producer may use:
(1)
Film mulches, provided these mulches after use are properly disposed of or held for recycling;
(2)
Mulches made of newspapers; or
(3)
A living or natural mulch.
C.
A producer may not use:
(1)
Synthetic herbicides or growth regulators; or
(2)
Micronutrients at levels which cause significant adverse effects to plants.

Regulation .08 Pest and Disease Control.Copy Citation

A.
A producer may use the following practices and substances consistent with applicable label instructions:
(1)
Adjuvants and wetting agents (organic);
(2)
Allelochemics (attractants, deterrents, repellants, locomotor stimulants, and convalescents);
(3)
Bacillus thuringiensis (B.t.);
(4)
Beneficial insects, predators, parasites;
(5)
Biological pesticides and emulsifiers or synergists;
(5-1)
Cryolite;
(6)
Cultural practices (timing, environments);
(7)
Diatomaceous earth;
(8)
Dormant oils;
(9)
Elemental sulfur or liquid sulfur;
(10)
Fiber row covers;
(11)
Fungicidal soaps;
(12)
Garlic, hot peppers, or pureed plants;
(13)
Growth regulators, only if organically derived;
(14)
Herbal or plant-derived controls (deer repellent);
(15)
Hydrogen peroxide;
(16)
Insect extracts or purees;
(17)
Lime sulfur, including calcium polysulfide;
(18)
Mechanical or electrical controls;
(19)
Microbial or viral agents;
(20)
Micronutrients, with toxicity to be avoided;
(21)
Natural barriers, which include fencing and protective coatings from approved natural products;
(21-1)
Neem;
(21-2)
Pesticides from naturally occurring organisms;
(22)
Pheromones;
(23)
Physical barriers;
(24)
Pyrethrums, if from a botanical source;
(25)
Quassias;
(26)
Resistant varieties;
(27)
1 percent Rotenone;
(28)
Ryania;
(29)
Ryania, pyrethrum, and rotenone blends, if from a botanical source;
(30)
Sabadilla;
(31)
Seed inoculants;
(32)
Soaps;
(33)
Sound;
(34)
Summer oils;
(35)
Supplemental feeding or management techniques;
(36)
Timing of plantings;
(37)
Trapping substances;
(38)
Tree seals;
(39)
Vacuuming;
(40)
Viral sprays; or
(41)
Vitamins.
B.
A producer may use the following substances and practices subject to applicable label instructions, but only for the purpose listed for each:
(1)
Arsenic, which may only be used in pressure-treated wood but not for growing boxes;
(2)
Baking soda and vinegar, which may be used for sanitation only;
(3)
Boric acid, which may not be used on edible plant parts;
(4)
Chlorine bleach, which may only be used as a disinfectant;
(5)
Dormant oils (woody dormant);
(6)
Hydrated lime, which may be used only as a foliar fungicide;
(7)
Lime sulfur, which may be used only as a foliar fungicide; or
(8)
Summer oil, which may not be used as a herbicide.
C.
If approved by the Department as part of the farm plan, a producer may use the following substances subject to applicable label instructions:
(1)
Streptomycin, with overuse to be avoided;
(2)
Treated seeds;
(3)
Bordeaux mixture;
(4)
Copper hydroxide;
(5)
Copper sulfate;
(6)
Cupric oxide; or
(7)
Tribasic copper formulations.
D.
A producer using any of the copper-containing products listed in §C(3)—(7) of this regulation shall monitor the soil to avoid copper buildup.
E.
A producer may use traps containing pesticides prohibited by this subtitle that do not contact, and are not added to, soil or water.
F.
An organic producer may not use:
(1)
Synthetically compounded pesticides;
(2)
Nonsynthetic compounds, such as:
(a)
Arsenic;
(b)
Ash from manure burning;
(c)
Lead salts;
(d)
Sodium floualuminate (mined);
(e)
Strychnine; or
(f)
Tobacco dust, or nicotine-based products; or
(3)
Genetically engineered or modified organisms.
G.
A producer shall forward to the Department before use the label and any other instructions for a product not listed in this regulation.

Regulation .09 Buffer Zone.Copy Citation

A.
Except as otherwise provided in this chapter, a producer shall maintain at least a 25-foot buffer zone separating land in a farm unit being managed organically from other land.
B.
A producer may be required by the Department to maintain a buffer zone wider than 25 feet and to take other precautionary measures if the use of the adjacent land presents a threat to the organic status of the farm unit.

Regulation .10 Fertility Testing and Monitoring.Copy Citation

A.
The Department may conduct soil and tissue tests at the producer's expense to determine fertility or to evaluate a producer's soil management methods.
B.
At the producer's expense, the Department may test for heavy metals or other suspected contaminants in the soil and subsoil of any field that receives substantial amounts of manure from off-farm sources.

Regulation .11 Handling and Processing Organic Commodities.Copy Citation

A.
A processor, packager, manufacturer, or distributor shall handle organic products in accordance with the approved organic handling plan and shall comply with the requirements of §§B—E of this regulation.
B.
Cleaning and Processing.
(1)
A processor, packager, manufacturer, or distributor shall ensure that:
(a)
Commodities certified by the Department meet all other applicable United States, Maryland, and local government specifications, inspection standards, and health regulations;
(b)
Before packaging or processing, all commodities are mechanically cleaned to remove used seeds, stones, straws, insects, dust, metal, dirt, and other foreign material in accordance with applicable federal standards;
(c)
Processing facilities meet all other applicable federal, State, and local health requirements; and
(d)
Processed flour does not exceed 43°C as it leaves the milling process.
(2)
A processor may only process products using:
(a)
Freezing, drying, vacuum packing, heat processing, centrifuging, filtering, or wood smoking if the wood has not been treated with synthetic chemicals; and
(b)
Stainless steel, glass, or food-grade plastic utensils and containers.
(3)
A processor may not process products using:
(a)
Aluminum containers or aluminum utensils; or
(b)
Ionizing radiation.
C.
Raw Ingredients and Additives.
(1)
A processor, packager, manufacturer, or distributor shall:
(a)
Use primary ingredients from a certified organic source in any processed product sold, with the primary ingredients comprising at least 95 percent of the final product by weight or volume, excluding water and salt; and
(b)
Specify on each label secondary ingredients from other sources.
(2)
A processed product sold by a processor, packager, manufacturer, distributor, or retailer as certified organic may include:
(a)
Only ingredients from certified organic sources, except ingredients that are not agricultural products, such as salt or wild or uncultivated products;
(b)
Wild crops, provided they are managed by an organic farm plan which:
(i)
Designates the area from which the wild crop will be gathered or harvested,
(ii)
Includes a 3-year history of the management of the area showing that any substance prohibited by this subtitle has not been applied,
(iii)
Includes a plan for the harvesting or gathering of the wild crops, assuring that this harvesting or gathering is not destructive to the environment and will sustain the growth and production of the wild crop, and
(iv)
Includes provisions that the producer may not apply any substance prohibited by this subtitle;
(c)
Yeasts or other microbial cultures; or
(d)
Minimal levels of natural sweeteners or salt.
(3)
A processed product sold by a processor, packager, manufacturer, distributor, or retailer as organic may include the following secondary ingredients, if approved by the Department, based on a claim that these ingredients are necessary to preserve or to enhance the product:
(a)
Natural sweeteners or salt, including organically produced honey, maple syrup, or other natural sweeteners, in an amount greater than that necessary for processing;
(b)
Natural preservatives, coloring agents, or other additives, such as natural ascorbic acid or beet juice;
(c)
Thickeners, including pectins, or gelatins; or
(d)
Carob gum, guar gum, potato starch, corn starch, or carrageenan.
(4)
A processed product sold by a processor, packager, manufacturer, distributor, or retailer as certified organic may not include:
(a)
Synthetic preservatives, coloring, flavoring, texturizers, emulsifiers, or additives of any kind;
(b)
Ingredients containing sulfites, nitrites, nitrates, microelements, heavy metals, or toxic residues; or
(c)
Water that does not meet all federal Safe Drinking Water Act requirements.
D.
Packaging of Organic Commodities.
(1)
Packaging material for organic commodities shall be free of fungicides, preservatives, or other chemical additives. Plastics subject to depolymerization may not be used as packaging material.
(2)
Milled products shall indicate the lot number and the date of processing shown as a Julian date.
E.
Storage and Transportation. A producer, processor, distributor, or retailer:
(1)
May not use any packaging materials, storage containers, or bins that contain synthetic fungicides, preservatives, or fumigants;
(2)
May not use any bag or container that previously had been in contact with any substance in such a manner as to compromise the organic quality of the product;
(3)
Shall provide reused containers with protective liners as approved by the Department;
(4)
Shall protect from birds, rodents, and other pests areas for storage of organic commodities; and
(5)
May use diatomaceous earth, bacillus thuringiensis, pheromones, or other natural biological controls in storage areas or during transportation.

Regulation .12 Post-Harvest Handling.Copy Citation

A.
Upon prior written approval by the Department, a producer, shipper, packer, or other handler of organic products may:
(1)
Apply disinfectants, as specified by the Department, to storage containers and handling equipment; or
(2)
Apply post-harvest sulfur-based fungicides or botanical insecticides.
B.
A producer, shipper, packer, or other handler of organic products may not apply to certified products at any point during post-harvest handling, transporting, or storage:
(1)
Synthetic fumigants;
(2)
Sprouting inhibitors, ripeners, or growth regulators;
(3)
Preservatives;
(4)
Coloring agents;
(5)
Ionizing radiation; or
(6)
Waxes, except beeswax, or oils.

Chapter 03. Organic Products Certification

Regulation .01 Organic Certification Program.Copy Citation

A.
The Department shall supervise and administer the Maryland Organic Certification Program.
B.
Under the program, a product shall be classified as either Maryland certified organic or Maryland organic certification pending. To obtain the Maryland certified organic classification, the product shall meet the standards established under Regulation .02A of this chapter, including the requirement that it be grown on land on which a substance or practice prohibited under this subtitle has not been applied during the immediately preceding 3 years. To obtain the Maryland organic certification pending classification, the product shall meet the standards established under Regulation .02B of this chapter.

Regulation .02 What May be Certified.Copy Citation

A.
Maryland Certified Organic. The Department may certify a product as Maryland certified organic only if:
(1)
It is grown on land which:
(a)
Is organically farmed as provided under this subtitle,
(b)
Is located in Maryland,
(c)
Has not had a substance or practice prohibited under this subtitle applied to it during the immediately preceding 3 years, counting back from the date of harvest of the certified product, and
(d)
Except as provided for in Regulation .05E of this chapter, has passed through the transitional phase; and
(2)
Its organic status has been maintained through production, post-harvest handling, distribution, and retail sale, that is, its producer, processor, distributor, and retailer have complied with all of the requirements of this subtitle.
B.
Maryland Organic Certification Pending. The Department may certify a product as Maryland organic certification pending only if it meets all the requirements imposed by §A of this regulation, except those noted in §A(1)(c) and (d).

Regulation .03 Permits.Copy Citation

A.
In order to sell, market, advertise, or package a product as organic under the Department's certification program, the product's producer, processor, distributor, and retailer shall obtain a permit from the Department.
B.
A permit that a producer, processor, distributor, or retailer obtains under this chapter is valid for 1 calendar year.
C.
Transfer of Permit. A permit that the Department has issued under this chapter is not transferable.

Regulation .04 Permit Application Procedure.Copy Citation

An organic producer, processor, distributor, or retailer who applies for a permit under this chapter shall:
A.
Submit a completed application to the Department, as provided under Regulation .05 of this chapter if the applicant is a producer, or as provided under Regulation .07 of this chapter if the applicant is a processor, distributor, or retailer;
B.
Pay prescribed fees as provided under Regulation .11 of this chapter;
C.
Be inspected by the Department as provided under Regulation .08 of this chapter;
D.
Perform required soil and residue tests as provided under Regulation .09 of this chapter, if applicable; and
E.
Maintain and make available to the Department all records required under Regulation .05 of this chapter if the applicant is a producer, or as provided under Regulation .07 of this chapter if the applicant is a processor, distributor, or retailer.

Regulation .05 Producer Requirements.Copy Citation

A.
Application. A producer-applicant shall apply for either a Maryland organic certification pending or Maryland certified organic permit. A producer-applicant may apply for a Maryland certified organic permit on land which has not had a substance or practice prohibited under this subtitle applied to it during the immediately preceding 3 years and, except as provided under Regulation .05E of this chapter, has already passed through the transitional phase. In either case, the producer-applicant shall apply on a form provided by the Department for each farm that is to produce organic products. The producer shall submit this application to the Department at least 60 days in advance of the producer's preparation or tilling of the proposed farm unit. In 1991, the Department may waive this 60-day requirement.
B.
Organic Farm Plan. In completing the application, a producer-applicant shall provide a detailed organic farm plan that contains all of the information required under Regulation .06 of this chapter.
C.
Renewal. To renew the certification permit, the producer-applicant shall follow the procedures outlined in Regulation .10 of this chapter.
D.
Transitional Phase. Except as provided for in Regulation .05E of this chapter, a producer-applicant shall first apply for a transitional Maryland organic certification pending permit for land on which the producer-applicant intends to grow organic products. If the Department has granted the producer-applicant a transitional Maryland organic certification pending permit with respect to certain land, the producer-applicant may continue using this land under the transitional status for a second and third year, provided the producer-applicant files a renewal application for each of these succeeding years and otherwise complies with the requirements of this subtitle. After 3 years, unless credit already has been obtained under §E of this regulation, the producer-applicant becomes eligible for, and shall obtain, a Maryland certified organic permit for this land or otherwise withdraw the land from the program for the next 2 years.
E.
Credit. The producer-applicant may apply to have land on which organic products will be grown credited with up to 3 years of transitional status. A producer who requests this credit shall provide records, including test results and affidavits, showing that the requirements of this subtitle have been met. A producer given 3 or more years transitional credit shall be granted a Maryland certified organic permit.
F.
A producer-applicant shall submit an application, organic farm plan, samples, and test results required by this subtitle for any new acreage to be entered into the certification program.
G.
Reverting to Organic Certification Pending Status. If, after a producer-applicant has obtained a Maryland certified organic permit, the producer-applicant is unable to maintain an area of the farm as organic due to high pest levels or other reasons, and the producer-applicant notifies the Department within 5 days of discontinuing organic methods, the permit shall revert to organic certification pending without further penalty.
H.
Record Keeping.
(1)
A producer-applicant shall maintain for at least 5 years and make available to the Department, upon request, the following records for each farm unit:
(a)
Unit-by-unit fertilization, cropping, and pest management histories, records of any other inputs such as source of seeds and seedlings, as well as harvest date;
(b)
A detailed history of a substance, if any, applied to fields or products;
(c)
The names and addresses of persons, if any, who applied the substance in §H(1)(b) of this regulation, and the date, rate, and method of application of this substance;
(d)
A copy of the certification application;
(e)
A copy of any inspection report; and
(f)
Records indicating to whom a lot, bin, or any other identifiable quantity of an organic product was shipped.
(2)
A producer of both organic and nonorganic products on the same farm shall keep separate records for each.

Regulation .06 Organic Farm Plan.Copy Citation

The producer-applicant shall ensure that the organic farm plan contains all of the following information:
A.
The farm size, number of farm units, and farm equipment available;
B.
A map showing details of:
(1)
The location of each farm unit, and
(2)
Any road, farm lane, building, or other crop near each farm unit;
C.
For each farm unit, the means by which soil fertility is to be fostered, including a 3-year or longer rotation and nutrient stabilization plan, the terms and conditions under which manure is to be applied to crops, and other plans and methods the producer shall implement in order to be in compliance with Regulations .03 and .04 of COMAR 15.22.02;
D.
1-year, unit-by-unit crop and pest control plans for each farm area of the farm not under organic management but that is adjacent to an organically managed farm unit;
E.
Intended changes or improvements in farm management;
F.
A description of the required 25-foot buffer zone separating land managed organically from other land as required under COMAR 15.22.02.09;
G.
A description of facilities and methods that will be used to keep farm equipment from contaminating organically managed fields, with substances prohibited by this subtitle;
H.
A description of facilities and methods that will be used to store and handle prohibited materials separately from permitted or restricted materials;
I.
A description of facilities and methods that will be used to prevent contamination or commingling of organic with nonorganic products while growing, harvesting, or packing products;
J.
Results of soil, nutritional, and residue analyses required for a permit;
K.
The practices and substances the producer shall use to control pests;
L.
The proposed irrigation plan, if applicable, including an analysis of water quality and soil salinization;
M.
The source of seeds and plant materials; and
N.
For wild crops that are to be harvested and marketed under the provisions of this subtitle:
(1)
Designate the area from which the wild crop will be gathered or harvested,
(2)
Include a 3-year history of the management of the area, showing that no substance prohibited by this subtitle has been applied,
(3)
Include a plan for the harvesting or gathering of the wild crops, assuring that this harvesting or gathering will not be destructive to the environment and will sustain the growth and production of the wild crop, and
(4)
Include provisions that a substance prohibited by this subtitle may not be applied by the producer.

Regulation .07 Processor, Distributor, and Retailer Requirements.Copy Citation

A.
Application and Questionnaire.
(1)
A processor, distributor, or retailer applicant shall complete an application on a Departmental form which includes a plan for maintaining the organic quality of products and which covers all applicable post-harvest aspects of processing and handling.
(2)
A processor shall notify the Department on a Departmental form each time the processor substantially changes the state of the product, such as when fruit is processed into jelly.
B.
Record Keeping. A processor, distributor, or retailer shall maintain records showing how its physical facilities and management techniques ensure that certified organic products do not mix or commingle with noncertified products.
C.
Availability and Retention of Records.
(1)
An approved processor, distributor, or retailer shall maintain for at least 5 years, and shall make available to the Department, upon request, the following records:
(a)
A detailed history of a substance, if any, applied to organic products, including any pest control methods and materials used on the premises and how the organic product was protected;
(b)
The names and addresses of persons, if any, who applied the substance in §C(1)(a) of this regulation, and the date, rate, and method of application of this substance;
(c)
Records of tests performed on any crop; and
(d)
Shipping records that enable tracing of the product from its original source through the chain of sale and distribution, including the source of the product and next purchaser of that product and the date of the transaction.
(2)
The processor, distributor, or retailer shall ensure that the lot, bin, or shipment number remains with the product until it is sold to the consumer.

Regulation .08 Inspections.Copy Citation

A.
Upon receipt of an application and verification of documents submitted by an applicant under Regulations .05 and .06 of this chapter, the Department shall conduct an initial inspection of a farm unit or business facility.
B.
The Department shall conduct an annual on-site inspection of each farm or business facility that has obtained a certification permit under this subtitle.
C.
A person who conducts an inspection under this subtitle may not:
(1)
Carry out any inspection in which the inspector or any person employed by the inspector has, or has had during the immediately preceding 4 years, a commercial interest, including the provision of consultancy services in the activity inspected;
(2)
Accept payment, gifts, or favors of any kind, other than prescribed fees, from the business inspected; or
(3)
Provide advice concerning organic practices or techniques for a fee, other than fees established under this subtitle.
D.
A person who conducts an inspection under this subtitle shall have sufficient expertise in organic production or handling techniques to carry out this responsibility and meet the minimum criteria for competence, as defined by the Department.
E.
The Department shall maintain current information on the relevant qualifications, training, and experience of each member of the personnel involved in the certification process, including subcontractors. The records of training and experience include, but are not limited to:
(1)
Name and address of training courses;
(2)
Organization affiliation and position held;
(3)
Educational qualification and professional status;
(4)
Experience and training in each field of the certification agent's competence;
(5)
Date of most recent updating of records; and
(6)
Date and results of most recent performance appraisal.

Regulation .09 Testing of Certified Organic Products.Copy Citation

A.
A producer-applicant for a permit to use the Maryland organic certification logos on organic products shall submit to the Department all required test results.
B.
When the Department deems it appropriate, the Department may collect from each farm unit or business facility tissue samples to test for pesticide residues or nitrogen levels. Each permit holder shall pay the Department a fee for the tests performed. Random screening tests shall be conducted by the Department, as determined necessary.
C.
The Department may perform specific analytical tests, at the permit holder's expense, on any organic product suspected of being in violation of this subtitle.
D.
If the Department determines that a product sold or labeled as organically produced under this subtitle contains any detectable residue of a substance prohibited by this subtitle, the Department shall conduct an investigation to determine if this subtitle has been violated.
E.
If an investigation conducted under §D of this regulation indicates that a substance prohibited by this subtitle was intentionally applied, or if the residue level is greater than 5 percent of the residue tolerance established by the United States Environmental Protection Agency, the product may not be sold or labeled as organically produced under this subtitle.
F.
If, during an inspection of a farm or business facility, a Department inspector becomes aware of a violation of applicable laws relating to food safety, the inspector shall report the violation to the appropriate health agency.

Regulation .10 Renewal Applications.Copy Citation

A permitted producer, processor, distributor, or retailer may renew a certification permit by:
A.
Submitting a renewal application;
B.
Paying a renewal fee;
C.
Certifying, when applicable, that the certified farm unit or certified organic handling operation has not produced or handled any agricultural product sold or labeled as organically produced except in accordance with this subtitle; and
D.
Otherwise complying with the requirements of this subtitle.

Regulation .11 Application and Renewal Fees.Copy Citation

A.
Producer-Applicant Fees.
(1)
Application Fee. An applicant for farm unit eligibility shall pay an initial application fee of $150 to the Department.
(2)
Inspection Fee.
(a)
Amount. An applicant for a certification permit shall pay:
(i)
An inspection fee at an established on-site hourly rate for the Department inspector;
(ii)
Established mileage rates for the Department inspector and the volunteer inspector; and
(iii)
Costs of required tests performed by the Department.
(b)
Required Deposit. The applicant shall pay the Department a $300 deposit which shall be applied toward the inspection and testing costs. If the applicant is rejected by the Department or chooses to withdraw the application, the deposit shall be refunded by the Department, except for the costs already incurred by the Department plus $10. If the total costs of certification are less than the deposit, the Department shall refund the excess deposit to the applicant. If the total costs of certification are greater than the deposit, the applicant shall pay any extra costs to the Department.
(3)
Renewal Fee. After entry into the certification program, a producer shall pay the Department a 1-year renewal fee of $100.
B.
Processor's Fee. A processor shall pay the Department a 1-year permit fee of $100, whether initially applying for a permit or renewing it.
C.
Distributor and Retailer's Fees. A distributor or retailer shall pay the Department a 1-year permit fee of $75, whether initially applying for a permit or renewing it.

Regulation .12 Action on Application.Copy Citation

A.
Initial Determination. After receipt of all required verification documents, including inspection reports and the results of any required laboratory analyses, the Department shall determine whether to grant or deny the requested permit, and then notify the applicant of its decision.
B.
Denial of Application. The Department may not grant a permit to an applicant if the:
(1)
Requirements of this subtitle have not been met;
(2)
Application or verification documents contain insufficient or false information upon which to make a determination of eligibility; or
(3)
Applicant has violated any provisions of this subtitle.

Regulation .13 Logos.Copy Citation

The Department has adopted the following logos for use on products that meet the requirements of this subtitle:
A.
Maryland Certified Organic Logo.
B.
Maryland Organic Certification Pending Logo.

Regulation .14 Use of Logos.Copy Citation

A.
Conditions of Use. A person possessing an approved permit under this subtitle may use the Maryland certified organic or Maryland organic certification pending logo, whichever is appropriate, on containers, labels, tags, signs, stickers, decals, or other packaging, promotional, or informational materials subject to the requirements of this subtitle and the approval of the Department.
B.
Use of Maryland Certified Organic Logo. A product meeting the requirements of Regulation .02A of this chapter may be sold or labeled using the Maryland certified organic logo.
C.
Use of Maryland Organic Certification Pending Logo. A product meeting the requirements of Regulation .02B of this chapter may be sold or labeled using the Maryland organic certification pending logo.
D.
Prohibited Use. Unless the product meets the requirements of this subtitle, it may not be represented as being either Maryland certified organic or Maryland organic certification pending.
E.
Use by Retailers and Distributors.
(1)
The Department may grant permission to market Maryland certified organic or Maryland organic certification pending products to retailers and distributors who agree to comply with the requirements of this subtitle.
(2)
Permitted retailers shall conspicuously display the certification permit to sell Maryland certified organic products in each store where the product is offered for sale.
(3)
A certified retailer may use a Department-approved sign to identify only certified products by a producer holding a Maryland approved certification permit.
(4)
Certified retailers shall adopt measures to ensure that products bearing a Maryland organic logo are easily identifiable to consumers and clearly distinguishable and separated from similar products that are not Maryland certified organic.
F.
Accidental Contamination or Commingling. A retailer or distributor may not use either Maryland logo on, or represent as Maryland certified organic, food that is known to contain materials prohibited by this subtitle or that has been commingled with other food during distribution or stocking.
G.
Fresh, raw, unpackaged food bearing either of the Maryland logos may be retailed in Maryland only by the producer or a retailer in possession of a Maryland permit.
H.
Fresh, raw, unpackaged food bearing either of the Maryland logos may be distributed in Maryland only by the producer or a distributor in possession of a Maryland permit.

Regulation .15 Recordkeeping by the Department.Copy Citation

A.
The Department shall maintain a list of producers, processors, distributors, and retailers who possess a certification permit.
B.
The Department shall maintain all records concerning certification of agricultural products for at least 10 years.

Regulation .16 Organic Certification Advisory Committee.Copy Citation

A.
Composition and Appointment. The Maryland Organic Certification Advisory Committee is composed of the following 12 members who are appointed by and serve at the pleasure of the Secretary:
(1)
One consumer of organic products;
(2)
Four producers of organic products;
(3)
One handler of organic products;
(4)
One representative of a recognized organic industry group;
(5)
Four experts, at least one of whom is from the University of Maryland, in associated and related fields with knowledge of, and interest in, organic agriculture; and
(6)
One member of the Maryland Agricultural Commission.
B.
Committee Staff. Staff support for the Committee shall include four employees of the Department. Two of these employees shall have knowledge in the field of organic agriculture, and two shall represent the organic certification program and the marketing services program.
C.
Quorum. A majority of the voting members of the Maryland Organic Certification Advisory Committee serving at any one time constitutes a quorum for transaction of business.
D.
Terms.
(1)
The term of any member serving on the Committee shall expire 3 years from the date of appointment.
(2)
A member may not serve more than two consecutive terms.
(3)
A vacancy shall be filled for an unexpired term, and appointment for an unexpired term may not be considered as one of two terms.
(4)
Members shall attend and participate in a minimum of 50 percent of the meetings each year to remain in good standing.
(5)
The Secretary shall invite nominations to the Committee from interested organizations.
E.
Responsibilities. The Committee shall:
(1)
Make policy recommendations to the Secretary regarding the operation, regulation, and promotion of the organic certification program and the organic industry; and
(2)
Offer recommendations and suggestions as to how the Department can support and create opportunities for Maryland certified organic producers to market their products.

Regulation .17 Revocation or Suspension of Permit to Use Maryland Logos.Copy Citation

A.
The Secretary may suspend or revoke any permit to use the Maryland logo if a permit holder violates any provision of this subtitle.
B.
In an emergency, the Secretary may suspend a permit immediately upon finding a threat to public health, safety, or welfare.

Regulation .18 Enforcement and Complaint Investigation.Copy Citation

A person who believes that any provision of this subtitle has been violated may file a written complaint with the Department setting forth the facts and circumstances of any alleged violation.

Regulation .19 Hearings and Appeals.Copy Citation

A.
Hearings.
(1)
If a person is charged by the Secretary with a violation of this subtitle, the Secretary shall give the person charged an opportunity to be heard pursuant to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
(2)
The Department shall hold a hearing promptly following an emergency suspension.
B.
Appeals. A person whose permit is denied, revoked, or suspended may appeal according to Agriculture Article, §2-405, Annotated Code of Maryland. If a notice of appeal is not filed within 15 days, the initial determination of the Department becomes final.

Regulation .20 Violation of Regulations.Copy Citation

A violation of this subtitle is a misdemeanor punishable as provided in Agriculture Article, §§12-101 and 12-102, Annotated Code of Maryland.

Regulation .21 Public Access.Copy Citation

Certification documents and laboratory analyses that pertain to certification are subject to inspection as provided under State Government Article, §§10-611—10-630, Annotated Code of Maryland.

Chapter 04. Production Standards for Organic Animal Products

Regulation .01 Scope.Copy Citation

This chapter provides production standards for producers of certified organic animal products, including meat, dairy, and eggs, pursuant to the Maryland Organic Certification Program.

Regulation .02 Certification.Copy Citation

All animal products marketed or labeled, or both, as organic shall be produced on land or in facilities by organic animal producers certified by the Maryland Department of Agriculture, in accordance with COMAR 15.22.03, or an official organic certifying agent recognized by the Department. Producers of organic animal products seeking certification as organic food producers may apply for certification.

Regulation .03 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Approved” means Departmental standards for the production of organic animal products have been met.
(2)
“Aquafarm” means a facility operated as a business, where aquatic animals and plants are produced under controlled conditions for all or part of their life cycle, by the following of accepted cultural practices such as feeding, breeding, sheltering, containing, planting, or otherwise nurturing or manipulating by a grower, breeder, or owner of the aquatic plant or animal.
(3)
“Botanical pesticides” are pesticides derived from plant materials.
(4)
“Certified organic feed” means feed produced and processed organically, as provided in COMAR 15.22.02.
(5)
“Department” means Maryland Department of Agriculture.
(6)
“Feed” means all edible materials which are consumed by livestock and poultry, including crops in pasture, for the purpose of supplying protein, carbohydrates, vitamins, and minerals for nutritional purposes.
(7)
“Feed additives” mean substances used to fulfill a specific nutritional need in a feed ration.
(8)
“Feed supplement” means any ingredient added to an animal's diet to supply additional nutrients either not supplied, or not supplied in sufficient quantities, including minerals, amino acids, and vitamins, to optimize an animal's health.
(9)
“Material” means any substance or mixture of substances given internally, or applied externally, to an animal in the production of animals or animal products.
(10)
“Organic animal producer” or “producer” means any person who manages animal production in accordance with this chapter, who labels and offers for sale animal products using the word “organic” or any derivative of “organic”.
(11)
“Organic animal product” means any animal product labeled and offered for sale with the word “organic” or any derivative of “organic”.
(12)
“Organic pasture” means ground covered with vegetation suitable for grazing that has been managed in accordance with COMAR 15.22.02 for organically produced commodities for at least 36 months.
(13)
“Prohibited” means any material or practice which is disallowed by this chapter.
(14)
“Remedy” means anything that relieves or cures a disease.
(15)
“Secretary” means the Secretary of Agriculture or the Secretary's designee.
(16)
“Valid veterinarian-client relationship” means a relationship where a veterinarian:
(a)
Assumes the responsibility for making medical judgments regarding the health of an animal and the need for medical treatment, and a producer agrees to follow the instructions of the veterinarian;
(b)
Has sufficient knowledge of the circumstances to initiate at least a general or preliminary diagnosis of the medical condition of an animal, including when the veterinarian has recently seen and is personally acquainted with the care of an animal by examining the animal; and
(c)
Is readily available for follow-up in case of adverse reactions or failure of the regimen of therapy.

Regulation .04 Organic Farm Plan.Copy Citation

A.
A certified organic animal producer shall follow COMAR 15.22.02 in the development and the use of a farm plan for producing products under a system of organic management.
B.
The plan shall address the following:
(1)
Feed sources;
(2)
Nutrient management;
(3)
Animal health;
(4)
Animal management;
(5)
Animal identification;
(6)
Shelter;
(7)
Living conditions;
(8)
Records;
(9)
Disease prevention and treatment; and
(10)
Parasite prevention and control.
C.
A licensed veterinarian shall recommend disease and parasite prevention, treatment, and control programs within the context of a valid veterinarian-client relationship.
D.
Sections A—C of this regulation, including the labeling provisions of Regulation .14 of this chapter, apply to farms in a transition period to becoming organically certified for livestock production.
E.
If the farm is a split operation:
(1)
There shall be functionally separate and observable differences between the certified organic and conventional sections; and
(2)
Each section of the split operation shall be described in the farm plan.

Regulation .05 Certification Application, Inspection, Use of Logo, and Fees.Copy Citation

Organic animal producers shall follow regulations concerning certification, application, inspection, fees, and use of logo, as required under COMAR 15.22.03. The Department shall follow regulations on initial determination and denial of application, in accordance with COMAR 15.22.03.12.

Regulation .06 Record Keeping.Copy Citation

A.
Organic livestock producers shall ear tag or otherwise individually identify organic livestock, with the exception of poultry and aquaculture, which may be identified by flock and school, respectively.
B.
Organic livestock producers shall maintain the following records from birth or purchase of livestock animals, and for 5 years after the sale of the organic animal products or slaughter of organic livestock:
(1)
All disease and pest management materials administered, including:
(a)
Animal identification;
(b)
Dates of administration;
(c)
Types of materials;
(d)
Dosages given; and
(e)
Sources of materials;
(2)
All purchased feeds, including:
(a)
Dates purchased;
(b)
Types of feed;
(c)
Quantities purchased;
(d)
Sources of feed; and
(e)
Copies of organic certificates of feed suppliers;
(3)
All sales records of organic animal products sold, including:
(a)
Dates;
(b)
Quantities; and
(c)
Weights.

Regulation .07 Feed.Copy Citation

A.
All certified organically produced livestock shall be fed 100 percent certified organic feed and approved feed supplements and additives, as defined in this regulation.
B.
The following feed supplements and additives are approved for addition to organic feed, and may be from any source, provided the additive or its components are not prohibited under any other chapter of the organic program regulations:
(1)
Amino acids (chelated or nonchelated);
(2)
Enzymes;
(3)
Fish meal, crab meal, and fish and crab byproducts;
(4)
Mineral oil;
(5)
Minerals;
(6)
Salt; and
(7)
Vitamins.
C.
The following additives are prohibited from addition to organic feed:
(1)
Animal drugs, including hormones, to promote growth;
(2)
Feed supplements or additives in amounts above those needed for adequate nutrition and health maintenance for the species at its specific stage of life;
(3)
Formulas containing urea or manure;
(4)
Mammalian or poultry slaughter byproducts to mammals or poultry; and
(5)
Plastic pellets for roughage.
D.
The use of feed, feed supplements, or feed additives in violation of the federal Food, Drug, and Cosmetic Act, is prohibited.
E.
An organic animal producer shall use feed, feed supplements, and feed additives in accordance with the Maryland Commercial Feed Law, as provided under Agriculture Article, §§6-101—6-117, Annotated Code of Maryland.

Regulation .08 Emergency Feed.Copy Citation

When an organic feed shortage results from emergency conditions, such as poor weather, road closures, crop failures due to drought, or area quarantine, the organic livestock producer may feed nonorganic feed to livestock for a limited period, provided:
A.
The organic feed shortage is temporary and unforeseeable due to conditions beyond the producer's control;
B.
The organic livestock producer makes every reasonable effort to locate organically certified feed, and maintains a record of every such effort, using feed in the following order:
(1)
Certified organic feed;
(2)
Noncertified organic (transitional) feed; and
(3)
Conventional feed;
C.
The organic livestock producer notifies the Department immediately of efforts to find organic feed, and submits the record within 7 days;
D.
The Department verifies the emergency conditions and determines a maximum length of time during which the organic livestock producer may use emergency feed;
E.
If noncertified organic feed is used for more than 3 days, the producer shall begin a transitional phase to become recertified, as provided under COMAR 15.22.03.05.

Regulation .09 Disease and Pest Management.Copy Citation

A.
For animals to be considered “organically produced,” the organic producer shall implement an organic disease and pest management program. A producer may not use the term “certified organic” unless the producer has an organic disease and pest management program approved by the Department.
B.
The required organic disease and pest management program shall emphasize prevention, and shall include strategies for disease prevention and treatment and for parasite control. Organic animal producers shall market only healthy animals and animal products, and may not deny treatment to an animal so it may be labeled or sold as certified organic.
C.
Approved disease and pest management materials and practices include:
(1)
Botanical insecticides for external parasite control and for fly management, only if labeled for such use;
(2)
Homeopathic, naturopathic, and herbal remedies;
(3)
Iodine, alcohol, hydrogen peroxide, copper sulfate, lime, lye, alkali carbonate, caustic potash, bleach, and potassium permanganate, used as disinfectants or cleaners, or both;
(4)
Vaccinations against endemic disease, including coccidiosis vaccination (poultry);
(5)
Sodium hypochlorite (bleach), used on machinery and facilities;
(6)
Steam-sterilized equipment;
(7)
Pasture rotation; and
(8)
Quarantine of ill animals and new animals on the farm.
D.
Animal Drugs.
(1)
Animal drugs are restricted to breeder stock and to substances approved in §C of this regulation.
(2)
Slaughter stock on whom animal drugs or any prohibited materials have been used shall be diverted into the conventional market, and may not be represented or marketed as “certified organic”.
(3)
Synthetic antibiotics are permitted in the following situations:
(a)
For medical emergencies where alternatives are not yet available;
(b)
To save an animal's life; or
(c)
To prevent unnecessary suffering.
(4)
Synthetic parasiticides are permitted only when fecal or skin testing demonstrates their need, as recommended by a licensed veterinarian.
E.
Applications of animal drugs shall occur within the context of a valid veterinarian-client relationship. Use of animal drugs requires justification for each use in the annual farm plan. Materials without withdrawal times are given preference. Use of any treatment not recognized by these regulations requires strict individual records on the treated animal, flock, school, or group of animals, and strict adherence to doubling the withdrawal times, as stated on the product label, and as defined by the federal Food, Drug, and Cosmetic Act.

Regulation .10 Living Conditions.Copy Citation

A.
An organic livestock producer shall establish and maintain livestock living conditions in a manner that promotes the health and natural behavior of the animal.
B.
An animal shall be provided access to shade, shelter, exercise areas, fresh air, and direct sunlight suitable to the species, its stage of production, the climate, and the environment.
C.
A ruminant shall be provided access to pasture.
D.
Bedding shall:
(1)
Be clean and dry; and
(2)
If typically consumed by the animal species, comply with Regulation .07 of this chapter.
E.
Shelter shall be designed to allow for:
(1)
Natural maintenance, comfort behaviors, and opportunities to exercise;
(2)
Reduction of potential for livestock injury; and
(3)
Temperature, ventilation, and air circulation suitable to the species.
F.
An organic animal producer may provide temporary confinement for an animal to protect:
(1)
Against the potential for injury to livestock;
(2)
Against inclement weather;
(3)
The animal in a vulnerable stage of production or development;
(4)
The animal from conditions in which the health, safety, or well-being of the animal could be jeopardized; or
(5)
Soil or water quality.

Regulation .11 Products from Bovine Animals, Swine, Lamb, Sheep, Goats, Rabbits, and Ratites.Copy Citation

Organic meat products produced from bovine animals, swine, lamb, sheep, goats, rabbits, and ratites shall be organically reared and managed:
A.
From birth to slaughter; or
B.
At least the last 90 percent of their lives before slaughter, and preferably from birth to slaughter.

Regulation .12 Poultry and Poultry Products.Copy Citation

Organic poultry products shall meet the following criteria:
A.
Birds raised for meat production shall be fed 100 percent certified organic feed from the time the animals are 2 days old;
B.
Laying hens and fowl shall be acquired or raised, or both, in one of two ways:
(1)
Raised on 100 percent certified organic feed from 2-day old chicks; or
(2)
Raised from started pullets that are managed nonorganically, provided they are managed organically within an approved farm plan for 56 days immediately prior to the sale of eggs as organic;
C.
Slaughter birds may not be administered hormones, antibiotics, or synthetic parasiticides from 1 day old to slaughter; and
D.
Egg-laying fowl flocks shall be registered with the Department, as provided in COMAR 15.04.01.09.

Regulation .13 Aquaculture Products.Copy Citation

Organic aquaculture products shall meet the following criteria:
A.
Aquaculture stock shall be fed 100 percent certified organic feed from fingerling size, except that naturally occurring food, such as minnows and brine shrimp, are permitted as feed in combination with certified feed, as specified in the farm plan; and
B.
The aquafarm shall be managed in accordance with COMAR 15.22.03, and include provisions for record keeping, disease control, and water testing or management, or both.

Regulation .14 Dairy Products.Copy Citation

A.
The following substances may not be administered to dairy animals managed organically:
(1)
Antibiotics, within 90 days before organic milk production; and
(2)
Biotech milk enhancers, including BST.
B.
Organic animal products produced from dairy animals shall meet the following criteria:
(1)
If replacement stock is obtained from organically certified stock and managed in accordance with the organic farm plan, the dairy product is immediately usable in organic production;
(2)
If replacement stock is not from certified organic stock, the organic animal producer may sell from the next lactation as an organic product if the producer manages the new stock under organic standards for the remainder of the current lactation and during the next dry period; and
(3)
If heifers, dry cows, goats, and milk-sheep are not organically certified stock when brought to the organic farm, they shall be managed organically for 112 days from their arrival on the farm before their milk may be sold as an organic product.

Regulation .15 Manure Management.Copy Citation

Operators of organic farms shall conform to the Maryland Nutrient Management Program regulations on manure management, as provided in COMAR 15.20.07.

Regulation .16 Regulations Under COMAR 15.22.03 To Be Followed by Organic Animal Producers.Copy Citation

Organic animal producers shall follow regulations, as provided under COMAR 15.22.03, concerning:
A.
Revocation or suspension of permit to use Maryland logos;
B.
Enforcement and complaint investigation;
C.
Hearings and appeals;
D.
Violations of regulations; and
E.
Public access.