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15.22.03.00.htm 15.22.03.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 22 ORGANICALLY PRODUCED COMMODITIES Chapter 03 Organic Products Certification Authority: Agriculture Article, §10-602 and 10-1402, Annotated Code of Maryland
15.22.03.01.htm 15.22.03.01. 01 Organic Certification Program.. 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 o
15.22.03.02.htm 15.22.03.02. 02 What May be Certified.. 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, andd) Except as provided for
15.22.03.03.htm 15.22.03.03. 03 Permits.. 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.
15.22.03.04.htm 15.22.03.04. 04 Permit Application Procedure.. 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;.
15.22.03.05.htm 15.22.03.05. 05 Producer Requirements.. 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 transition
15.22.03.06.htm 15.22.03.06. 06 Organic Farm Plan.. 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 nutrien
15.22.03.07.htm 15.22.03.07. 07 Processor, Distributor, and Retailer Requirements.. 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
15.22.03.08.htm 15.22.03.08. 08 Inspections.. 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:.
15.22.03.09.htm 15.22.03.09. 09 Testing of Certified Organic Products.. 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 test
15.22.03.10.htm 15.22.03.10. 10 Renewal Applications.. 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 D. Otherwise complying with the requirements of this subtitle..
15.22.03.11.htm 15.22.03.11. 11 Application and Renewal Fees.. 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.
15.22.03.12.htm 15.22.03.12. 12 Action on Application.. 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 verific
15.22.03.13.htm 15.22.03.13. 13 Logos.. 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..
15.22.03.14.htm 15.22.03.14. 14 Use of Logos.. 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 requiremen
15.22.03.15.htm 15.22.03.15. 15 Record Keeping by the Department.. 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.
15.22.03.16.htm 15.22.03.16. 16 Organic Certification Advisory Committee.. 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
15.22.03.17.htm 15.22.03.17. 17 Revocation or Suspension of Permit to Use Maryland Logos.. 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.
15.22.03.18.htm 15.22.03.18. 18 Enforcement and Complaint Investigation.. 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.
15.22.03.19.htm 15.22.03.19. 19 Hearings and Appeals.. 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, Annot
15.22.03.20.htm 15.22.03.20. 20 Violation of Regulations.. A violation of this subtitle is a misdemeanor punishable as provided in Agriculture Article, §12-101 and 12-102, Annotated Code of Maryland.
15.22.03.21.htm 15.22.03.21. 21 Public Access.. 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.
15.22.03.9999.htm 15.22.03.9999. Administrative History 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 a
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