Maryland Department of Agriculture

Except for operations whose gross agricultural income from organic sales totals $5,000 or less, farm and processing operations that grow and process organic foods must be certified by USDA-accredited certifying agents. The Maryland Department of Agriculture is a USDA accredited certifying agent for producers and handlers located in Maryland.

The National Organic Program requires:

§205.100 What has to be certified.
(a) Except for operations exempt or excluded in §205.101, each production or handling operation or specified portion of a production or handling operation that produces or handles crops, livestock, livestock products, or other agricultural products that are intended to be sold, labeled, or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s))” must be certified according to the provisions of subpart E of the NOP: Final Rule and must meet all other applicable requirements of this part.
(c) Any operation that:
(1) Knowingly sells or labels a product as organic, except in accordance with the Act, shall be subject to a civil penalty of not more than $10,000 per violation.
(2) Makes a false statement under the Act to the Secretary, a governing State official, or an accredited certifying agent shall be subject to the provisions of section 1001 of title 18, United States Code.

§205.101 Exemptions and exclusions from certification.
(a) Exemptions.
(1) A production or handling operation that sells agricultural products as “organic” but whose gross agricultural income from organic sales totals $5,000 or less annually is exempt from certification under subpart E of the NOP:Final Rule and from submitting an organic system plan for acceptance or approval under § 205.201 but must comply with the applicable organic production and handling requirements of subpart C of the NOP:Final Rule and the labeling requirements of § 205.301. The products from such operations shall not be used as ingredients identified as organic in processed products produced by another handling operation.

Information for New and Continuing Applicants

As a potential certified organic producer, you need to understand and comply with the following:

National Organic Program (NOP) Rules. The rule can be found at www.ams.usda.gov/nop. In addition to the NOP Rule standards regulating substances used in organic processing and handling, other Federal, State, and local laws and regulations apply to protect food safety and public health. The authority of these laws supersedes any organic standards; organic producers must comply with these other laws pertaining to their organic operation. Other applicable laws do not provide exemption for use of prohibited substances.

Maryland producers should go to the following websites for more information on the various state laws that may pertain to your organic operation:
Maryland Department of Agriculture: www.mda.state.md.us.
Search under “License and Permits,” “State Chemist,” “Plant\Pests,” “Egg Law,” or “Feed\Food Safety”

Other Resources:

Organic Materials Review Institute (OMRI) Generic and Brand Names Product List for Producers. Information is available on the website at www.omri.org and on NOP’s website http://www.ams.usda.gov/nop/indexIE.htm. OMRI reviews products for compliance with National List and is intended to be a resource to help with the identification of products in the marketplace. Other materials not reviewed by OMRI may also meet NOP standards and will be reviewed by MDA for compliance when submitted by a producer.

Navigating the NOP - Crops is a guide created to address frequently asked questions about organic crop production in Maryland.

ATTRA has developed many forms suitable for NOP compliant record keeping. Information is available on the website www.attra.org.

Organic Certification Program - (410) 841-5769

Producer Annual Update for Organic Certification

Producers currently certified by the Maryland Department of Agriculture should submit the following to MDA, Organic Certification Program, 50 Harry S. Truman Parkway, Annapolis, MD 21401 no later than March 1 of each year except for years divisible by 5 (ex. 2010, 2015, 2020..) in which the complete Crop and Pasture Application is required to continue their certification:

Organic Farm Plan Update Application (Word Document) - Crop producers must submit an update annually to maintain their certification.

Soil test results - should be submitted at least once every three years.

Cost Share Application - The Farm Bill provides funding to assist with the costs of organic certification. Producers and handlers certified by USDA accredited certifiers are eligible to receive reimbursement for 75% of certification fees, up to a maximum of $750. Maryland producers must submit the Cost Share Application to MDA, Organic Certification Program to receive the reimbursement. Reimbursement cannot be issued until the producer is issued a certificate. Non MDA certified producers must be in Maryland and submit a copy of their certification fees invoice with their cost share application to receive reimbursement.

Livestock New and Continuing Producers Application - all livestock and poultry producers must also submit a crop and pasture update application. No additional fees are required for livestock certification.

Land use Affidavit or signed Field History Sheet - must be completed to establish start of transition for any new fields being added to your organic certification. The Field History Sheet is the last page of the Crop and Pasture Application for new applicants (Word Document).

Application Fee of $500.00

Sign and Label Order Form - All MDA certified producers are provided with one sign upon initial certification. Additional signs and stick on labels can be ordered. Fees are specified on the order form.

If you would like the any of the forms in Word so they can be completed on the computer, contact Sherry Weygant at weygansl@mda.state.md.us.

New Producer Organic Certification

Procedure: Producer submits application and fees. Application is reviewed and if additional information is needed, the producer is contacted. Once the application has been through the initial review and all required information is received, an inspector will contact the producer to schedule an inspection. After the inspection, the application and inspection report are reviewed. The producer is then issued a certificate or a letter indicating why they could not be certified. Initial certification is effective as soon as land and crops are eligible. Certificates are valid until surrendered, revoked or suspended. A notice to file subsequent updates will be sent in the spring. Updated certificates will be issued January 1 of the next year.

Producers who wish to become certified by the Maryland Department of Agriculture should submit the following to MDA, Organic Certification Program, 50 Harry S. Truman Parkway, Annapolis, MD 21401 :

Crop and Pasture Application (Word Document) - must be fully completed and include all required attachments listed at end of application.

Land use Affidavit or signed Field history sheet (included in Crop and Pasture application) - must be completed to establish start of transition for any new fields being added to your organic certification.

Livestock Application (no additional fee) - Pasture must be certified organic prior to certification of animals. Livestock Applications cannot be processed without a Crop and Pasture application.

Cost Share Application - The Farm Bill provides funding to assist with the costs of organic certification. Producers and handlers certified by USDA accredited certifiers are eligible to receive reimbursement for 75% of certification fees, up to a maximum of $750. Maryland producers must submit the Cost Share Application to MDA, Organic Certification Program to receive the reimbursement. Reimbursement cannot be issued until the producer is issued a certificate. Non MDA certified producers must be in Maryland and submit a copy of their certification fees invoice with their cost share application to receive reimbursement.

Application Fee of $500.00

Sign and Label Order Form - All MDA certified producers are provided with one sign upon initial certification. Additional signs and stick on labels can be ordered. Fees are specified on the order form.

If you would like the any of the forms in Word so they can be completed on the computer, contact Sherry Weygant at weygansl@mda.state.md.us.

Producers who qualify for the Exemption
Producers are exempt from certification who gross $5,000 or less in organic agricultural sales. The Maryland Department of Agriculture has created a registered exempt program. Producers who qualify and submit the required forms and fees will be listed in the Maryland Organic Directory and on MDA’s website.

Producers who wish to register exempt with the Maryland Department of Agriculture should submit:

Registration Application for Exempt Producers

Registration Fee of $30.00