.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 tests shall be conducted by the Department, as determined necessary.

C. 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.

D. 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.

E. 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.

F. 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.