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<regulation prefix="Regulation" num=".05" citation="COMAR 15.22.02.05" title_num="15" subtitle_num="22" chapter_num="02" heading="Seeds, Seedlings, and Planting Stock.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A producer shall use plant propagules produced according to the organic standards as provided in this subtitle.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Seeds and Planting Stock.</text>
    <paragraph num="(1)">
      <text>General Rule. To the extent feasible, a producer shall use organically produced seeds and planting stock, including:</text>
      <paragraph num="(a)">
        <text>Bulbs;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Plant material derived through tissue culture; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Tubers.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Bulbs;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Plant material derived through tissue culture;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Tubers; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Seeds, except those used for sprouts.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Use of Treated, Nonorganically Produced Materials.</text>
      <paragraph num="(a)">
        <text>Except as provided in §C(3)(b) of this regulation, a producer may not use treated, nonorganically produced materials to produce an organic crop.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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:</text>
        <paragraph num="(i)">
          <text>Treatments limited to fungicides;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Use of treated seeds, as required by phytosanitary regulations, necessary to prevent endemic diseases; or</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>An unanticipated or emergency circumstance that makes it infeasible to obtain untreated seeds or other planting stock.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Prohibited Sources of Planting Stock.</text>
      <paragraph num="(a)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>In cases of emergency, a producer shall notify the Department immediately regarding an emergency and submit the notification in writing within 7 days.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A producer may not use genetically engineered seeds, seedlings, and planting stock.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>