.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, and

(d) Except as provided for in Regulation .05E of this chapter, has passed through the transitional phase; and

(2) 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.

B. 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).