Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 22 - ORGANICALLY PRODUCED COMMODITIES › Chapter 15.22.03 - Organic Products Certification › Section 15.22.03.05 - Producer Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
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
				transitional phase. In either case, the producer-applicant shall apply on a
				form provided by the Department for each farm that is to produce organic
				products. The producer shall submit this application to the Department at least
				60 days in advance of the producer's preparation or tilling of the proposed
				farm unit. In 1991, the Department may waive this 60-day requirement.
B. Organic Farm Plan. In completing the
				application, a producer-applicant shall provide a detailed organic farm plan
				that contains all of the information required under Regulation .06 of this
				chapter.
C. Renewal. To renew the
				certification permit, the producer-applicant shall follow the procedures
				outlined in Regulation .10 of this chapter.
D. Transitional Phase. Except as provided for
				in Regulation .05E of this chapter, a producer-applicant shall first apply for
				a transitional Maryland organic certification pending permit for land on which
				the producer-applicant intends to grow organic products. If the Department has
				granted the producer-applicant a transitional Maryland organic certification
				pending permit with respect to certain land, the producer-applicant may
				continue using this land under the transitional status for a second and third
				year, provided the producer-applicant files a renewal application for each of
				these succeeding years and otherwise complies with the requirements of this
				subtitle. After 3 years, unless credit already has been obtained under §E
				of this regulation, the producer-applicant becomes eligible for, and shall
				obtain, a Maryland certified organic permit for this land or otherwise withdraw
				the land from the program for the next 2 years.
E. Credit. The producer-applicant may apply
				to have land on which organic products will be grown credited with up to 3
				years of transitional status. A producer who requests this credit shall provide
				records, including test results and affidavits, showing that the requirements
				of this subtitle have been met. A producer given 3 or more years transitional
				credit shall be granted a Maryland certified organic permit.
F. A producer-applicant shall submit an
				application, organic farm plan, samples, and test results required by this
				subtitle for any new acreage to be entered into the certification
				program.
G. Reverting to Organic
				Certification Pending Status. If, after a producer-applicant has obtained a
				Maryland certified organic permit, the producer-applicant is unable to maintain
				an area of the farm as organic due to high pest levels or other reasons, and
				the producer-applicant notifies the Department within 5 days of discontinuing
				organic methods, the permit shall revert to organic certification pending
				without further penalty.
H.
				Recordkeeping.
(1) A producer-applicant shall
				maintain for at least 5 years and make available to the Department, upon
				request, the following records for each farm unit:
(a) Unit-by-unit fertilization, cropping, and
				pest management histories, records of any other inputs such as source of seeds
				and seedlings, as well as harvest date;
(b) A detailed history of a substance, if
				any, applied to fields or products;
(c) The names and addresses of persons, if
				any, who applied the substance in §H(1)(b) of this regulation, and the
				date, rate, and method of application of this substance;
(d) A copy of the certification
				application;
(e) A copy of any
				inspection report; and
(f) Records
				indicating to whom a lot, bin, or any other identifiable quantity of an organic
				product was shipped.