Chapter 04. Production Standards for Organic Animal Products
Regulation .01 Scope.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.
Chapter annotations
Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
History: Effective date: February 19, 2001 (28:3 Md. R. 206)