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: It is grown on land which: Is organically farmed as provided under this subtitle, Is located in Maryland, 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 Except as provided for in Regulation .05E of this chapter, has passed through the transitional phase; and 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. 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. An organic producer, processor, distributor, or retailer who applies for a permit under this chapter shall: 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. 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: 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; A detailed history of a substance, if any, applied to fields or products; 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; A copy of the certification application; A copy of any inspection report; and Records indicating to whom a lot, bin, or any other identifiable quantity of an organic product was shipped. A producer of both organic and nonorganic products on the same farm shall keep separate records for each. The producer-applicant shall ensure that the organic farm plan contains all of the following information: The farm size, number of farm units, and farm equipment available; A map showing details of: The location of each farm unit, and Any road, farm lane, building, or other crop near each farm unit; 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: Designate the area from which the wild crop will be gathered or harvested, Include a 3-year history of the management of the area, showing that no substance prohibited by this subtitle has been applied, 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 Include provisions that a substance prohibited by this subtitle may not be applied by the producer. Application and Questionnaire. 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. 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. 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. 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 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; 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; Records of tests performed on any crop; and 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. 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. 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: 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; Accept payment, gifts, or favors of any kind, other than prescribed fees, from the business inspected; or Provide advice concerning organic practices or techniques for a fee, other than fees established under this subtitle. 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: Name and address of training courses; Organization affiliation and position held; Educational qualification and professional status; Experience and training in each field of the certification agent's competence; Date of most recent updating of records; and Date and results of most recent performance appraisal. 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. A permitted producer, processor, distributor, or retailer may renew a certification permit by: 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. Application Fee. An applicant for farm unit eligibility shall pay an initial application fee of $150 to the Department. Inspection Fee. Amount. An applicant for a certification permit shall pay: An inspection fee at an established on-site hourly rate for the Department inspector; Established mileage rates for the Department inspector and the volunteer inspector; and Costs of required tests performed by the Department. 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. Renewal Fee. After entry into the certification program, a producer shall pay the Department a 1-year renewal fee of $100. 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: Requirements of this subtitle have not been met; Application or verification documents contain insufficient or false information upon which to make a determination of eligibility; or Applicant has violated any provisions of this subtitle. The Department has adopted the following logos for use on products that meet the requirements of this subtitle: 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. 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. Permitted retailers shall conspicuously display the certification permit to sell Maryland certified organic products in each store where the product is offered for sale. A certified retailer may use a Department-approved sign to identify only certified products by a producer holding a Maryland approved certification permit. 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. 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: One consumer of organic products; Four producers of organic products; One handler of organic products; One representative of a recognized organic industry group; 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 One member of the Maryland Agricultural Commission. 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. The term of any member serving on the Committee shall expire 3 years from the date of appointment. A member may not serve more than two consecutive terms. A vacancy shall be filled for an unexpired term, and appointment for an unexpired term may not be considered as one of two terms. Members shall attend and participate in a minimum of 50 percent of the meetings each year to remain in good standing. The Secretary shall invite nominations to the Committee from interested organizations. Responsibilities. The Committee shall: Make policy recommendations to the Secretary regarding the operation, regulation, and promotion of the organic certification program and the organic industry; and Offer recommendations and suggestions as to how the Department can support and create opportunities for Maryland certified organic producers to market their products. 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. 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. Hearings. 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. The Department shall hold a hearing promptly following an emergency suspension. 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. A violation of this subtitle is a misdemeanor punishable as provided in Agriculture Article, §§12-101 and 12-102, Annotated Code of Maryland. 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. Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland Effective date: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746) Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545) Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545) Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889) Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)