Md. Code Regs. 15.22.03.07

Current through Register Vol. 52, No. 1, January 10, 2025

Section 15.22.03.07 - Processor, Distributor, and Retailer Requirements

A. Application and Questionnaire.

(1) A processor, distributor, or retailer applicant shall complete an application on a Departmental form which includes a plan for maintaining the organic quality of products and which covers all applicable post-harvest aspects of processing and handling.

(2) A processor shall notify the Department on a Departmental form each time the processor substantially changes the state of the product, such as when fruit is processed into jelly.

B. Record Keeping. A processor, distributor, or retailer shall maintain records showing how its physical facilities and management techniques ensure that certified organic products do not mix or commingle with noncertified products.

C. Availability and Retention of Records.

(1) An approved processor, distributor, or retailer shall maintain for at least 5 years, and shall make available to the Department, upon request, the following records:

(a) A detailed history of a substance, if any, applied to organic products, including any pest control methods and materials used on the premises and how the organic product was protected;

(b) The names and addresses of persons, if any, who applied the substance in §C(1)(a) of this regulation, and the date, rate, and method of application of this substance;

(c) Records of tests performed on any crop; and

(d) Shipping records that enable tracing of the product from its original source through the chain of sale and distribution, including the source of the product and next purchaser of that product and the date of the transaction.

(2) The processor, distributor, or retailer shall ensure that the lot, bin, or shipment number remains with the product until it is sold to the consumer.

Md. Code Regs. 15.22.03.07

Regulations .07 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)