Chapter 03. Organic Products Certification

The Department shall supervise and administer the Maryland Organic Certification Program.

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.

Maryland Certified Organic. The Department may certify a product as Maryland certified organic only if:

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).

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.

A permit that a producer, processor, distributor, or retailer obtains under this chapter is valid for 1 calendar year.

Transfer of Permit. A permit that the Department has issued under this chapter is not transferable.

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;

Pay prescribed fees as provided under Regulation .11 of this chapter;

Be inspected by the Department as provided under Regulation .08 of this chapter;

Perform required soil and residue tests as provided under Regulation .09 of this chapter, if applicable; and

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.

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.

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.

Renewal. To renew the certification permit, the producer-applicant shall follow the procedures outlined in Regulation .10 of this chapter.

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.

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.

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.

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.

Record Keeping.

The farm size, number of farm units, and farm equipment available;

A map showing details of:

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;

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;

Intended changes or improvements in farm management;

A description of the required 25-foot buffer zone separating land managed organically from other land as required under COMAR 15.22.02.09;

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;

A description of facilities and methods that will be used to store and handle prohibited materials separately from permitted or restricted materials;

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;

Results of soil, nutritional, and residue analyses required for a permit;

The practices and substances the producer shall use to control pests;

The proposed irrigation plan, if applicable, including an analysis of water quality and soil salinization;

The source of seeds and plant materials; and

For wild crops that are to be harvested and marketed under the provisions of this subtitle:

Application and Questionnaire.

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.

Availability and Retention of Records.

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.

The Department shall conduct an annual on-site inspection of each farm or business facility that has obtained a certification permit under this subtitle.

A person who conducts an inspection under this subtitle may not:

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.

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:

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.

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.

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.

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.

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.

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.

Submitting a renewal application;

Paying a renewal fee;

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

Otherwise complying with the requirements of this subtitle.

Producer-Applicant Fees.

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.

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.

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.

Denial of Application. The Department may not grant a permit to an applicant if the:

Maryland Certified Organic Logo.

Maryland Organic Certification Pending Logo.

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.

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.

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.

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.

Use by Retailers and Distributors.

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.

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.

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.

The Department shall maintain a list of producers, processors, distributors, and retailers who possess a certification permit.

The Department shall maintain all records concerning certification of agricultural products for at least 10 years.

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:

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.

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.

Terms.

Responsibilities. The Committee shall:

The Secretary may suspend or revoke any permit to use the Maryland logo if a permit holder violates any provision of this subtitle.

In an emergency, the Secretary may suspend a permit immediately upon finding a threat to public health, safety, or welfare.

Hearings.

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.