# Agriculture (GAG)

## Title 9. Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds

### Subtitle 1. Maryland Turf Grass Law

#### Section 9-101

(a) In this subtitle the following words have the meanings indicated.

(b) "Advertisement" means any representation relating to sod within the scope of this subtitle and disseminated in any manner or by any means.

(c) "Brand" means the name, term, design, or trademark under which any person offers sod for sale.

(d) The terms "certified", "approved", "inspected", "registered", "foundation", and "breeder", when referring to sod, mean that the sod has been produced or collected, inspected, and labeled in accordance with the procedures and the rules and regulations of an officially recognized certification agency.

(e) "Dealer" means any person who sells, offers or exposes for sale, or transports sod for planting purposes within the State, other than a grower making a casual or isolated sale of unsevered sod.

(f) "Kind" means one or more related species or subspecies which singly or collectively is known by one common name.

(g) "Labeling" includes every label and other written, printed, or graphic representation, in any form, accompanying or pertaining to any sod and includes every representation or invoice, bill of lading, delivery ticket, or other receipt.

(h) "Lot" means a definite quantity of sod, identified by a lot number or other identification. For the purpose of enforcing this subtitle, each truckload or portion of it may be considered a lot and shall be accompanied by a complete label and a bill of lading, delivery ticket, or invoice.

(i) "Mixture" means sod consisting of more than one kind or variety, when claimed or present, in excess of a certain percent of the whole as designated by rules and regulations adopted under this subtitle.

(j) "Noxious weeds" are weeds which, when established, are objectionable and difficult to control by practices commonly used.

(k) "Officially recognized" means recognized and designated by the laws or rules and regulations of any state, the United States, or any province of Canada, or the government of any foreign country whose certification standards are recognized by the Secretary.

(l) "Origin" means any state, county, or any foreign country, or designated portion of it, where the sod is grown.

(m) "Prohibited noxious weed" means a noxious weed prohibited in sod.

(n) "Records" includes all information relating to the lot, shipment or shipments involved and includes a copy of the label pertaining to the lot.

(o) "Restricted noxious weed" means a noxious weed restricted to certain maximum contents in sod.

(p) "Sale" means the transfer of ownership of sod.

(q) "Sod" means turf sod, turf plugs, or turf sprigs of a single kind or variety or a mixture of kinds and varieties.

(r) "Tolerance" means the allowable deviation from any figure used on a label as established by the Secretary by rule or regulation.

(s) "Turf" includes a live population of one or more kinds of grasses, legumes, or other plant species used for lawns, recreational use, soil erosion control, or other similar purposes.

(t) "Turf plug" means a small section cut from live turf of those kinds of turf normally vegetatively propagated, such as zoysia grass, which when severed contains sufficient plant material to remain intact.

(u) "Turf sod" means a strip or section of live turf which, when severed, contains sufficient plant material to remain intact.

(v) "Turf sprig" means a live plant, stolon, crown, or section cut from a perennial plant used as turf, such as bermuda grass.

(w) "Variety" means a subdivision of a kind characterized by growth, plant, fruit, seed, or any other character by which it can be differentiated from any other plant of the same kind.

(x) "Weed" includes any plant or plant part including any seed recognized by the Secretary as a weed within the State and includes any noxious weed.

#### Section 9-102

(a) The Secretary shall inspect, sample, analyze, test, and examine sod, plugs, and sprigs offered or exposed for sale within the State for planting purposes, at any time and place and to the extent he deems necessary, to determine whether the sod, plugs, or sprigs are in compliance with the provisions of this subtitle. He shall notify promptly the person who transported, sold, offered or exposed the sod for sale, of any violation.

(b) Following a public hearing and public notice, the Secretary may adopt rules and regulations governing the methods of:

  (1) Labeling, inspecting, sampling, analyzing, testing, and defining prohibitive and restrictive noxious weeds;

  (2) Examining sod, plugs, or sprigs, and the tolerances to be followed in the administration of this subtitle; and

  (3) Other rules and regulations necessary.

(c) The Secretary shall direct the sod certification program in the State.

#### Section 9-103

To carry out the provisions of this subtitle, the Secretary may:

(1) Establish and maintain or make provisions for laboratory and field testing of sod, employ qualified persons, and incur expenses necessary to comply with these provisions;

(2) Make or provide for making purity analyses, weed examinations, tests and examinations of fields for farmers and dealers on request;

(3) Following a public hearing and reasonable public notice, prescribe rules and regulations governing the analyses, tests, and examinations, and fix and collect charges for the analyses, tests, and examinations made;

(4) Publish the results of the analyses, tests, and examinations;

(5) Enter on any public or private premises or vehicle during regular business hours and stop any public or private sod carrying vehicle when necessary to insure compliance;

(6) Issue to the owner or custodian of any lot of sod in violation of this subtitle, a written or printed "stop-sale" order prohibiting sale of sod until it complies with this subtitle, and enforce it; or

(7) Apply to the circuit court of any county for a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this subtitle or any rule or regulation adopted under it, notwithstanding the existence of any other remedy at law.

#### Section 9-104

(a) Every lot of severed turf grass sod, plugs, and sprigs, as defined under this subtitle, which is sold, exposed for sale, installed, transported, or advertised within the State for planting purposes by a dealer shall be accompanied by or have attached to the bill of lading, bill of sale, sales slip, or invoice a label containing the following information plainly written or printed in the English language:

  (1) The recognized common names;

  (2) The variety of each component;

  (3) The texture, origin, and net measure;

  (4) The presence of restricted noxious weeds;

  (5) The name and address of the dealer who labeled the lot; and

  (6) If the kind or mixture is not known, this fact shall be stated.

(b) The information on the label may not be falsely modified or represented in advertisements pertaining to the sod, plugs, or sprigs.

#### Section 9-105

Any dealer transporting or delivering for transportation sod, sod mixtures, plugs, or sprigs shall keep adequate records and the Secretary may inspect the records to carry out the provisions of this subtitle.

#### Section 9-106

No dealer is subject to any penalty of this subtitle for advertising, selling, offering or exposing for sale, or transporting for planting purposes in the State any sod or mixture in violation of Sec.Sec. 9-104 and 9-105 of this subtitle, if he:

(1) Has obtained from his supplier an invoice, grower's declaration, or other labeling information relating to the sod or mixture; and

(2) After having taken reasonable precautions to insure its veracity, has relied in good faith upon any statement made or contained in the invoice, grower's declaration, or labeling information in advertising, selling, or offering or exposing for sale the sod or mixture.

#### Section 9-107

(a) No person may transport, offer for transportation, sell, offer or expose for sale within the State, sod for planting purposes:

  (1) Not labeled in accordance with the provisions of this subtitle;

  (2) Having an incomplete, false, or misleading label or claim;

  (3) Which has been falsely advertised or advertised in a misleading manner;

  (4) Containing prohibited noxious weeds in any amount;

  (5) Containing restricted noxious weeds except as prescribed by rules and regulations adopted under this subtitle;

  (6) To which there is affixed names or terms that create an incomplete or misleading impression as to the kind, variety, history, productivity, quality, or origin of the sod;

  (7) Represented to be "inspected", "approved", "certified", "registered", or "foundation" unless it has been produced, processed, and labeled in accordance with procedures and rules and regulations of an officially recognized certifying agency;

  (8) Which in the form of turf sod, or turf plugs, do not contain at least one-half inch of sod and roots and which do not remain intact after folding, rolling or plugging; or

  (9) Containing destructively injurious insects, other animal pests, or plant diseases.

(b) A person may not alter or substitute sod in any manner that may defeat the purpose of the provisions of this subtitle.

(c) A person may not disseminate any false or misleading advertisement in any manner concerning sod, sod mixtures, plugs, or sprigs.

(d) A person may not fail to comply with, or supply false information in reply to a "stop-sale order", or remove tags attached to or dispose of sod, sod mixtures, plugs, or sprigs held under the order, except as specified by the enforcement officer.

#### Section 9-108

The production, processing, and labeling requirements of this subtitle do not apply to breeder and foundation generations of turf-grass variety at the Maryland Agriculture Experiment Station.

#### Section 9-109

If the Secretary has reason to believe that any person has violated any provision of this subtitle, he may institute judicial proceedings in the county in which the violation occurred. The Secretary may file information with the Attorney General for prosecution. However, no prosecution under this subtitle may be instituted without first affording the person against whom proceedings are contemplated an opportunity to appear personally or by counsel before the Secretary to introduce evidence.

#### Section 9-110

This subtitle shall be cited as the Maryland Turf Grass Law.

### Subtitle 2. Regulation of Sale and Transportation of Seed

#### Section 9-201

(a) In this subtitle the following words have the meanings indicated.

(b) "Advertisement" means every representation, other than that on the label, relating to seed, subject to this subtitle and disseminated in any manner or by any means.

(c) "Agricultural seed" includes the seed of any grass, forage, cereal, or fiber crop and any other kind of seed commonly recognized in the State as agricultural, field, or lawn seed, and mixtures of these seeds, and noxious weed seed when the Secretary determines that the seed is being used as agricultural seed.

(d) The terms "approved", "certified", "registered", "foundation", or "breeder" or any other term conveying similar meaning when referring to any seed means seed which is produced or collected, processed and labeled in accordance with the procedures and the rules and regulations of an officially recognized certification agency.

(e) "Consumer" includes any person who purchases or otherwise obtains seed for planting purposes but not for resale.

(f) "Controlled conditions" means those minimum standards for genetic purity of seed stocks, isolation, planting ratio, detasseling, roguing, harvesting, and other factors necessary for the production of hybrid seed as established by rules and regulations adopted pursuant to the provisions of this article.

(g) "Flower seed" includes the seed of any herbaceous plant grown for its blooms, ornamental foliage, or other ornamental part and commonly known and sold under the name of flower seed in the State.

(h) "Germination" has the meaning provided by rule or regulation of the Secretary.

(i) "Hybrid" means the first generation seed of a cross produced by controlling the pollination and by use of sterile lines and combining:

  (1) Two, three, or four inbred lines;

  (2) One inbred or a single cross with an open-pollinated variety; or

  (3) Two varieties or species, except open-pollinated varieties of corn (zea mays). The second generation and any subsequent generation from any cross is not a hybrid. Any hybrid designation shall be treated as a variety name.

(j) "Inbred line" means a relatively stable and pure breeding strain resulting from at least four successive generations of controlled self-pollination or four successive generations of backcrossing in the case of male sterile lines.

(k) "Inert matter" means all matter not seeds, and includes broken seeds, sterile florets, chaff, fungus bodies, and stones, determined by methods prescribed by rules and regulations adopted pursuant to the provisions of this article.

(l) "Kind" means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, or timothy.

(m) "Labeling" includes every label and other written, printed, or graphic representation in any form, accompanying and pertaining to any seed whether in bulk or in container, and includes representation on any invoice.

(n) "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within the recognized tolerance for the factor appearing in the labeling.

(o) "Noxious weed seed" includes prohibited noxious weed seed and restricted noxious weed seed.

(p) "Officially recognized" means recognized and designated by the laws or rules and regulations of any state, the United States, any province of Canada, or the government of any foreign country whose certification standards are recognized by the Secretary.

(q) "Prohibited noxious weed seed" means the seed of any perennial weed including a weed reproduced by seed and one spread by underground roots, stems, and other body parts, which when well established, are highly destructive and difficult to control in the State by ordinary good cultural practices and the seed of which is prohibited by this subtitle. Prohibited noxious weed seeds in this State means those seeds so designated by the Secretary by rule or regulation.

(r) "Pure seed" means agricultural or vegetable seeds exclusive of inert matter, weed seeds, and all other seeds distinguishable from the kind or kind and variety being considered, determined by methods prescribed by rules and regulations adopted pursuant to the provisions of this article.

(s) "Record" includes any information relating to the shipment involved and includes a file sample of each lot of seed.

(t) "Restricted noxious weed seed" means the seed of any weed that is very objectionable in fields, lawns, and gardens of the State, but that can be controlled by good cultural practices and the seed of which is restricted by this subtitle. Restricted noxious weed seeds in the State means those seeds so designated by the Secretary by rule or regulation.

(u) "Retail seedsman" includes any person who sells, or offers, exposes or transports for sale, seeds for planting purposes to the consumer.

(v) "Seed" means seed, sprout, rhizome, shoot, bulblet, fruits and other bodies capable of regrowth.

(w) "Stop-sale" means an administrative order provided by law, restraining the sale, use, disposition, and movement of a definite amount of seed of a specific lot.

(x) "Treated" means the seed has received an application of a substance or process which is designated to reduce, control, or repel certain disease organisms, insects, or other pests attacking the seed or seedling growing from it.

(y) "Tree and shrub seed" includes the seeds of woody plants and herbs, commonly known and sold as tree and shrub seeds in the State.

(z) "Variety" means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics by which it can be differentiated from other plants of the same kind.

(aa) "Vegetable or herb seed" includes the seed, tuber, or plant of those crops grown in gardens or on truck farms and generally known and sold under the name of vegetable seed in the State.

(bb) "Weed seed" includes the seeds or bulblets of any plant generally recognized as a weed in the State, including any noxious weed seed.

(cc) "Wholesale seedsmen" includes any person who sells, or offers, exposes, or transports for sale seed for planting purposes to a retail seedsman.

#### Section 9-202

The Secretary shall:

(1) Inspect, sample, analyze, test, and examine any seed transported, sold, offered, or exposed for sale in the State for planting purposes, at any time and place and to any extent he deems necessary to determine whether the agricultural, vegetable, herb, flower, tree, or shrub seed complies with the provisions of this subtitle;

(2) Notify promptly the person who transported, sold, offered or exposed the seed for sale, of any violation of this subtitle;

(3) Prescribe, and after public hearing following reasonable notice, adopt rules and regulations governing the methods of inspecting, sampling, analyzing, testing, and examining agricultural, vegetable, herb, flower, tree, and shrub seed, and the tolerances to be followed in administering this subtitle, and any other rule or regulation necessary to enforce this subtitle;

(4) Prescribe, and after public hearing following reasonable notice, adopt or amend by rule or regulation a prohibited and restricted noxious weed list;

(5) Prescribe, and after public hearing following reasonable notice, adopt rules and regulations establishing reasonable standards of germination for seed;

(6) Establish and maintain or make provisions for laboratory and field testing of seeds, to employ qualified persons, and incur expenses necessary to comply with these provisions;

(7) Make or provide for making purity analyses, germination tests, and examinations of seeds for farmers and dealers on request;

(8) Prescribe rules and regulations governing the analyses, tests, and examinations;

(9) Fix and collect charges for the analyses, tests, and examinations;

(10) Publish the results of the analyses, tests, and examinations made under the provisions of this subtitle, together with any other information deemed advisable;

(11) Cooperate with the United States Department of Agriculture in seed law enforcement; and

(12) Direct seed certification work in the State.

#### Section 9-203

(a) The Secretary may enter upon any private or public premises during regular business hours in order to have access to seeds subject to this subtitle or any rule or regulation adopted under it.

(b) The Secretary may issue and enforce a written or printed stop-sale order to the owner or custodian of any lot of seed the Secretary finds in violation of any provision of this subtitle. The order prohibits sale of the seed until the Secretary has evidence that the seed is in compliance with the law.

#### Section 9-204

(a) No person may engage in the business of a wholesale seedsman in the State unless he first obtains a permit.

(b) He shall apply to the Secretary on a form determined and furnished by the Secretary. The application shall be verified by the oath of the applicant or, if the applicant is a corporation, by the oath of some of its officers.

(c) Upon payment of a $100 permit fee, the Secretary shall issue to the applicant a wholesale seedsman permit for an annual period beginning July 1 each year.

(d) Out-of-state wholesale seedsmen doing business in the State shall obtain a permit in the same manner.

(e) Any permit issued under this subtitle may be revoked or suspended by the Secretary upon satisfactory proof that the seedsman has violated any provision of this subtitle or any of the rules and regulations adopted under it. A permit may not be revoked or suspended until the holder has been given an opportunity for a hearing by the Secretary.

(f) The Secretary may issue a stop-sale order to any wholesale seedsman who offers or exposes seed for sale without holding a valid permit.

#### Section 9-205

(a) Each wholesaler whose name appears on the label or who handles agricultural, vegetable, herb, tree, shrub, or flower seeds subject to this subtitle shall maintain for two years a complete record of each lot of agricultural, vegetable, herb, tree, shrub, or flower seed handled. He shall keep for one year a file sample of each lot of seed after final disposition of the lot.

(b) Every record and sample pertaining to the shipment involved shall be accessible for inspection by the Secretary during customary business hours.

#### Section 9-206

(a) Each container of treated agricultural, vegetable, herb, flower, tree, or shrub seeds which is sold, offered or exposed for sale, or transported in the State shall bear or have attached in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information for any seed named and treated as defined in this subtitle:

  (1) A word or statement indicating that the seed is treated;

  (2) The commonly accepted, coined, chemical, or abbreviated chemical (generic) name of the applied substance; and

  (3) If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement, such as "Do not use for food or feed or oil purposes", the caution for mercurials and similarly toxic substances shall be a poison statement or symbol.

(b) A separate label containing the required information statement may be used.

(c) The statement may not be modified or denied in the labeling or on another label attached to the container.

#### Section 9-207

(a) Each container of agricultural seeds which is sold, offered or exposed for sale, or transported in the State for planting purposes shall bear or have attached in a conspicuous place a plainly written or printed label or tag in the English language, except when the scientific name is the commonly accepted name, giving the following information:

  (1) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within the State;

  (2) Commonly accepted name of (i) kind, or (ii) kind and variety, of each agricultural seed component in excess of 5 percent of the whole, and the percentage by weight of each in the order of its predominance;

  (3) Where more than one component is required to be named, the word "mixture" or the word "mixed" shall be shown conspicuously on the label;

  (4) Origin of alfalfa, red clover, orchard grass, white clover, and field corn (except hybrid corn), but if the origin is unknown, that fact shall be stated;

  (5) Lot number or other identification;

  (6) Percentage by weight of seeds other than that required to be named on the label;

  (7) Percentage by weight of inert matter;

  (8) Percentage by weight of every weed seed;

  (9) The name and number of each kind of restricted noxious weed seed: per ounce in Group 1 and per pound in Group 2 when present singly or collectively in any amount but the amount may not exceed 16 per ounce in Group 1 and 16 per pound in Group 2.

  Group 1: Agropyron spp., agrostis spp., alfalfa, bermuda grass, brassica spp., orchard grass, alsike and white clover, crimson clover, dallis grass, fescues, flax, foxtail millet, lespedezas, poa spp., red clover, reed canary grass, rhodes grass, ryegrass, sweet clover, smooth brome, timothy, and any other agricultural seed of similar size and weight, or mixtures within this group;

  Group 2: Barley, buckwheat, oats, proso, rye, sorghums, sudan grass vetches, wheat, and any other agricultural seed of a size and weight similar to or greater than those within this group, or any mixture within this group; and

  (10) For each named agricultural seed (i) percentage of germination, exclusive of hard seed, (ii) percentage of hard seed, if present, and (iii) the calendar month and year the test was completed to determine such percentages. Following (i) and (ii) the additional statement: "total germination and hard seed" may be stated, if desired. However, if the total of (i) and (ii) is stated, the total shall be subject to the tolerance that applies to a percentage of germination of like magnitude.

(b) Every determination for purity, germination, and noxious weed seed is subject to the tolerance and method of determination prescribed in the rules and regulations adopted under this subtitle.

#### Section 9-208

Each container of vegetable or herb seeds which is sold, offered or exposed for sale, or transported in the State for planting purposes shall bear or have attached in a conspicuous place a plainly written or printed label or tag in the English language, except when the scientific name is the commonly accepted name, giving the following information:

(1) For containers of at least 1 pound --

  (i) Lot number or other lot identification;

  (ii) Name of kind and variety of seed;

  (iii) Percentage of germination, exclusive of hard seed;

  (iv) Percentage of hard seed, if present;

  (v) The month and year the test was completed to determine the percentages; and

  (vi) The name and address of the person who labeled the seed or who sells, or offers or exposes the seed for sale in the State.

(2) For containers less than 1 pound --

  (i) The name of kind and variety of seed;

  (ii) The year for which the seed is packaged or the germination percentage and date;

  (iii) For seed which germinates less than the standard last established by the Secretary under this subtitle:

    (1) Percentage of germination, exclusive of hard seed,

    (2) Percentage of hard seed, if present,

    (3) The month and year the test was completed to determine such percentages, and

    (4) The words "below standard" in not less than 8-point type; and

  (iv) The name and address of the person who labeled the seed or who sells, offers or exposes the seed for sale in the State.

#### Section 9-209

Each container of flower, tree, and shrub seeds which is sold or offered or exposed for sale in the State for planting purposes shall bear or have attached in a conspicuous place a plainly written label or tag in the English language, except when the scientific name is the commonly accepted name, giving the following information:

(1) Name of kind and variety of seed; and

(2) The year for which the seed is packaged or the germination percentage and date.

#### Section 9-209.1

Cool season lawn and turf grass seed shall be labeled with a sell by date that may not be more than 15 months from the month following the date of the test.

#### Section 9-210

(a) No person may sell, offer or expose for sale, or transport any agricultural, vegetable, herb, flower, tree, or shrub seed in the State:

  (1) Unless the test to determine the percentage of germination required by Sec.Sec. 9-207, 9-208, and 9-209 of this subtitle is completed within 9 months, or 15 months for cool season lawn and turf grass seed as determined by the Secretary, exclusive of the month in which the test is completed, immediately prior to sale, exposure or offer for sale, or transportation;

  (2) Not labeled in accordance with the provisions of this subtitle, or having a false or misleading labeling;

  (3) Pertaining to which there has been a false or misleading advertisement;

  (4) Containing prohibited noxious weed seeds;

  (5) Containing restricted noxious weed seeds in excess of the number prescribed by rules and regulations adopted under this subtitle;

  (6) Containing more than 2.50 percent by weight of all weed seeds; and

  (7) Represented to be "approved seed", "certified seed", "registered seed", "foundation seed", or "breeder seed", unless it is produced and labeled in accordance with the procedures and in compliance with rules and regulations of an officially recognized seed certification agency.

(b) No person in the State may:

  (1) Detach, alter, deface, or destroy any label provided for in this subtitle or the rules and regulations adopted under it;

  (2) Alter or substitute seed in a manner that may defeat the purpose of this subtitle;

  (3) Disseminate any false or misleading advertisement concerning agricultural, vegetable, herb, flower, tree, or shrub seeds in any manner or by any means;

  (4) Fail to comply with a "stop-sale" order to move, otherwise handle, or dispose of any lot of seed, under a "stop-sale" order, or any tag attached to it, except with written permission of the enforcing officer, and for the purpose specified by him; and

  (5) Use the word "trace" or "type" as a substitute for any statement which is required by law.

#### Section 9-211

(a) The provisions of this subtitle do not apply to:

  (1) Seed or grain not intended for planting purposes and labeled accordingly;

  (2) Seed sold by one farmer to another, if the seed has not been advertised for sale or has not been delivered through a carrier; and

  (3) Any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, if the carrier is not engaged in producing, processing, or marketing any agricultural, vegetable, herb, flower, tree, or shrub seed subject to provisions of this subtitle.

(b) No person is subject to the penalties of this subtitle for having sold, offered or exposed for sale, or transported in the State any agricultural, vegetable, herb, flower, tree, or shrub seed, which is incorrectly labeled or presented as to kind, variety, or origin and which cannot be identified by examination, unless he has failed to obtain an invoice or grower's declaration giving kind, or kind and variety, and origin, if required, and to take any other precaution necessary to insure the identity to be that stated.

#### Section 9-212

Any lot of agricultural, vegetable, herb, flower, tree, or shrub seed not in compliance with the provisions of this subtitle shall be subject to seizure on complaint of the Secretary to a court in the county in which the seed is located. If the court finds the seed is in violation of this subtitle and orders the condemnation of the seed, it shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of the State. However, the court may not order this disposition without first giving the claimant an opportunity to apply to the court for the release of the seed or for permission to process or relabel it to bring it into compliance with this subtitle.

#### Section 9-213

(a) When the Secretary finds that any person has violated any of the provisions of this subtitle, he may institute judicial proceedings in the county in which the violation occurred. He may file information with the Attorney General with the view of prosecution.

(b) No prosecution under this subtitle may be instituted without first affording the defendant an opportunity for a private hearing before the Secretary to introduce evidence either in person or by attorney. A private hearing may consist of a discussion of facts between the person charged and enforcement officers. After the hearing, or if the defendant or his attorney fails or refuses to appear, the Secretary shall proceed as provided, if he believes the evidence warrants prosecution.

(c) The State's Attorney of the county in which the violation occurred or the Attorney General of this State shall institute proceedings at once against the person charged with the violation, if, in his judgment, the information warrants such action.

(d) After judgment by the court in any case arising under this subtitle, the Secretary shall publish any information pertinent to the issuance of the judgment by the court in the media he designates.

#### Section 9-214

(a) Instead of any other penalty under this article, the Secretary may impose, on any person who violates an order issued by the Secretary under this subtitle, a civil penalty for each seed lot in violation of the order, as follows:

  (1) For a first violation for which a civil penalty is imposed, not more than $100;

  (2) For a second violation for which a civil penalty is imposed, not more than $250; or

  (3) For a third or subsequent violation for which a civil penalty is imposed, not more than $500.

(b) Penalties collected by the Secretary under this section shall be paid into the General Fund of the State.

(c) The Secretary shall adopt regulations to carry out the provisions of this section.

### Subtitle 3. Potato Seed Inspection Act

#### Section 9-301

(a) In this subtitle the following words have the meanings indicated.

(b) "Certified Irish potatoes", when intended to be used for propagation purposes, means Irish potatoes and parts of them which conform to the standards fixed by the Secretary in classifying and determining what shall constitute "certified" potatoes for propagation purposes and in conformity with the rules and regulations established by the State in which the potatoes are grown.

(c) "U.S. No. 1 Irish potatoes", when intended to be used for propagation purposes, means Irish potatoes and parts of them which conform to the standards issued by the United States Department of Agriculture for "U.S. No. 1" potatoes, when intended to be used for propagation purposes.

#### Section 9-302

The Secretary may adopt and enforce rules and regulations requiring the payment of reasonable fees necessary to effectuate the purposes of this subtitle.

#### Section 9-303

All fees and money collected by the Secretary under this subtitle shall be used to defray partially the expenses incurred administering this subtitle. Any unexpended funds shall revert to the general funds of the State at the end of the fiscal year.

#### Section 9-304

(a) To carry out the provisions of this subtitle, the Secretary may enter any place of business, warehouse, common carrier, or other place where potatoes for propagation purposes are stored or being held, and inspect them. The Secretary may take for inspection any representative sample of the potatoes necessary to determine whether this subtitle is violated.

(b) If the potatoes or parts of them are found to be in violation of this subtitle or any rule or regulation adopted pursuant to it, the Secretary may issue a written "stop-sale" order to the owner or custodian of the potatoes.

(c) No person, after receipt of a "stop-sale" order, may sell for propagation purposes any potatoes with respect to which the order has been issued. The "stop-sale" order does not prevent the sale of any potatoes for other than propagation purposes.

(d) Any person pecuniarily interested in any certified Irish potatoes or U.S. No. 1 Irish potatoes may appeal from any "stop-sale" order to the Secretary, in accordance with the Department rules and regulations.

#### Section 9-305

No person may sell, pack, offer, or expose for sale, or ship into the State for these purposes, any Irish potatoes or parts of them intended for propagation purposes, which do not conform to the standards of certified Irish potatoes and U.S. No. 1 Irish potatoes as provided in this subtitle.

#### Section 9-306

This subtitle does not prohibit the sale, for propagation purposes in the State, of Irish potatoes or parts of them grown within the State when sold by the grower to a planter having knowledge of the conditions under which the potatoes were grown.

#### Section 9-307

Upon request of the Secretary, the State's Attorney of the county in which the violation of this subtitle occurs shall prosecute the person accused of the violation.

### Subtitle 4. Weed Control

#### Section 9-401

(a) The existence of growth of certain species of plants is declared to be noxious.

(b) The Secretary shall adopt regulations to establish a list of plants that are considered to be noxious weeds in the State.

#### Section 9-402

The Secretary may:

(1) Investigate, study, and make a determination on:

  (i) The extent of growth and infestation of a noxious weed or other weed species in the State; and

  (ii) The effect of the noxious weed or other weed species on agricultural production;

(2) By regulation, designate as a noxious weed any plant that adversely affects or threatens agricultural production;

(3) Institute programs or carry out practices necessary for the control and eradication of a noxious weed;

(4) Enter into agreements with a county or other political subdivision of the State, an adjoining state, or an agency of the federal government to implement a program for the control and eradication of a noxious weed;

(5) Accept, use, or expend any aid, gift, grant, or loan made available from any private or public source to carry out the provisions of this subtitle; and

(6) Following a public hearing declare a quarantine to control or eradicate any exotic plant, which means a plant species not previously known to occur in the State or known to be of only limited distribution in the State, as determined by the Secretary.

#### Section 9-403

(a) In this section, "subdivision of the State" includes a Soil Conservation District.

(b) After an agreement between the Secretary and a county or other subdivision of the State is executed, the Secretary and the county or subdivision of the State may conduct surveys to determine the location and amount of infestation of a noxious weed or other plant species within the county or subdivision of the State.

(c) All parties may provide technical assistance to landowners in a cooperative control or eradication program, and may effect a program of mowing, spraying, or other control or eradication practices on any road right-of-way, drainage ditch bank, park, playground, and any other public or private land.

(d) The agreement between the Secretary and county or subdivision of the State may be terminated by either party on 30 days' written notice.

#### Section 9-404

(a) No person may:

  (1) Import or transport a noxious weed in the State in any form capable of growth; or

  (2) Contaminate any uninfested land with a noxious weed through the movement of rootstocks, seed, soil, mulch, nursery stock, farm machinery, or any other artificial medium.

(b) Each landowner, including a landowner of public land, or person who possesses and manages land infested with a noxious weed shall eradicate or control the noxious weed on that land by using practices that the Secretary prescribes, including mowing, cultivating, or treating with an approved herbicide.

#### Section 9-405

(a)

  (1) Except as provided in subsection (b) of this section, each failure to comply with the provisions of this subtitle is a violation of this subtitle.

  (2) Each violation shall be reported to the State's Attorney for the county in which the violation occurs.

  (3) The State's Attorney shall prosecute all violations and bring an action to enjoin any nuisance.

(b)

  (1) A landowner or other person who possesses and manages land infested with a noxious weed may enter into a written agreement with the Secretary that sets forth a program for the eradication or control of a noxious weed.

  (2) If all of the terms and conditions of an agreement under paragraph (1) of this subsection are met, there is no violation of this subtitle as to the land covered by the agreement.

#### Section 9-406

(a) Except as provided in subsection (b) of this section, a person who violates this subtitle is subject to the penalties and fines set forth in Title 12 of this article.

(b)

  (1) Instead of pursuing the penalties and fines set forth in Title 12 of this article, the Secretary may impose on any person who violates this subtitle a penalty of:

    (i) For a first violation, not more than $500;

    (ii) For a second violation, not more than $1,000; or

    (iii) For a third or subsequent violation, not more than $2,000.

  (2) Penalties collected under this subsection shall be distributed to a special fund, to be used only for the control and eradication of a noxious weed.

### Subtitle 6. Ginseng Control

#### Section 9-601

In this subtitle the term "ginseng" includes any part of the plant called Wild American Ginseng (panax quinquefolius l.).

#### Section 9-602

(a) A person who collects and harvests ginseng for sale shall hold a valid annual collection permit from the Department.

(b) A person who buys ginseng for resale shall register annually with the Department as a ginseng dealer.

#### Section 9-603

The Secretary may:

(1) Conduct research to determine ginseng population trends, propagation techniques or ways of conserving ginseng;

(2) Promote the conservation and export of ginseng;

(3) Establish standards for the certification of ginseng intended for export;

(4) Establish guidelines and requirements for the conservation and harvesting of ginseng;

(5) Require that records be kept by any person who harvests or buys ginseng intended for sale; and

(6) Establish conditions under which a permit or registration may be suspended or revoked.

#### Section 9-604

Any records required by this subtitle shall be kept for 3 years and be made available to the Department upon request.

#### Section 9-605

The Secretary may charge the following fees:

(1) Collection permit - $2 each;

(2) Dealer registration - $20 each.

#### Section 9-606

Any fees collected pursuant to this subtitle shall be placed in a fund to defray partially the costs of administering this subtitle. Any unexpended funds shall revert to the General Fund of the State at the end of the fiscal year.

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Md. Code Ann., Agric. (as displayed at mgaleg.maryland.gov, October 16, 2026)