.08 Emergency Feed.

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