.01 Definitions.

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Allelochemic" means a substance produced by an organism, or synthesized, that produces one or more reactions in a different species.

(2) "Certified handling operation" means a processor, distributor, or retailer that has obtained a permit under this subtitle.

(3) "Commingled" means inseparably mixed or interspersed with other product and not distinguishable from it.

(4) "Cover crop", "nurse crop", "intercropping", or "green manure crop" means a crop:

(a) Planted primarily to cover the soil surface as mulch to retain moisture, prevent erosion, and recover and bind available nutrients from the soil for future use; or

(b) To be plowed under to replenish nutrients in the soil and increase soil tilth.

(5) "Department" means the Maryland Department of Agriculture or its designee.

(6) "Distributor" means a person who transports or sells food or fiber for resale.

(7) "Farm" means land or growing area used for agricultural purposes under the management of a permitted producer or applicant for a certification permit.

(8) "Farm unit" means a tillable unit or growing area which has definite boundaries and for which an individual management plan is developed by an applicant for a certification permit.

(9) "Handle" means to sell, process, or package agricultural products.

(10) "Handler" means any person engaged in the business of handling agricultural products.

(11) "Julian date" means a calendar date expressed by three consecutive digits which indicate the day of the year in a series from 001 (=January 1) to 365 (= December 31 of a non-leap year) or 366 (= December 31 of a leap year).

(12) "Logo" means either the Maryland certified organic logo or the Maryland organic certification pending logo.

(13) "Organic" or "organic product" means a product that is produced, handled, and certified as provided by COMAR 15.22.02 and 15.22.03.

(14) "Organic farming" means a system of farm management practices designed to:

(a) Build, replenish, and maintain soil fertility by providing optimal conditions for soil biological activity;

(b) Build soil humus by:

(i) Using crop rotations,

(ii) Using organic materials for soil building, and

(iii) Applying balanced mineral amendments;

(c) Reduce the use of off-farm inputs and reliance on nonrenewable resources; and

(d) Use, when necessary, mechanical, botanical, or biological methods to control pests.

(15) "Organic farm plan" means a producer-established written plan for the present and future (for the next 3 years or longer) management of an organic farm, including, but not limited to, written plans to rotate crops, build humus, stabilize soil nutrients, and build fertility levels.

(16) "Organic handling plan" means a written plan to manage an organic handling operation, including all aspects of processing and handling and other practices as required under this subtitle, and that has been approved by the Department.

(17) "Permaculture" means a system of farming, such as orchards, in which the soil is not tilled or renewed annually.

(18) "Person" means an individual, group of individuals, corporation, association, organization, cooperative, or other entity.

(19) "Pesticide" means any substance or mixture of substances intended for:

(a) Preventing, destroying, repelling, or mitigating any pest;

(b) Use as a plant regulator, defoliant, or dessicant; or

(c) Use as a spray adjuvant such as a wetting agent or adhesive.

(20) "Pheromone" means a substance that is produced and discharged by an organism, or synthesized and released, that induces one or more physiological responses in another organism of the same species.

(21) "Processor" means a person who manufactures agricultural commodities into agricultural products.

(22) "Producer" means a person who grows or produces organic food, fiber, seed, planting material, or feed.

(23) "Raw manure" means agricultural animals' excrement, both solid and liquid, that has not been aged, aerated, composted, fermented, aerobically digested, or otherwise humified or processed in such a way as to improve its value as a biological activator.

(24) "Retailer" means a person, other than the operator of a restaurant, who sells product at retail to its ultimate consumer.

(25) "Secretary" means the Secretary of Agriculture or a designee.

(26) "Synthetic" means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources, except that this term does not apply to substances created by naturally occurring biological processes.

(27) "Vendor" means a person who sells organic food or products.