<section article="gag" article_name="Agriculture" number="9-101" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="1" subtitle_name="Maryland Turf Grass Law"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Advertisement” means any representation relating to sod within the scope of this subtitle and disseminated in any manner or by any means.</text> </level> <level label="c"> <text>“Brand” means the name, term, design, or trademark under which any person offers sod for sale.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>“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.</text> </level> <level label="f"> <text>“Kind” means one or more related species or subspecies which singly or collectively is known by one common name.</text> </level> <level label="g"> <text>“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.</text> </level> <level label="h"> <text>“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.</text> </level> <level label="i"> <text>“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.</text> </level> <level label="j"> <text>“Noxious weeds” are weeds which, when established, are objectionable and difficult to control by practices commonly used.</text> </level> <level label="k"> <text>“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.</text> </level> <level label="l"> <text>“Origin” means any state, county, or any foreign country, or designated portion of it, where the sod is grown.</text> </level> <level label="m"> <text>“Prohibited noxious weed” means a noxious weed prohibited in sod.</text> </level> <level label="n"> <text>“Records” includes all information relating to the lot, shipment or shipments involved and includes a copy of the label pertaining to the lot.</text> </level> <level label="o"> <text>“Restricted noxious weed” means a noxious weed restricted to certain maximum contents in sod.</text> </level> <level label="p"> <text>“Sale” means the transfer of ownership of sod.</text> </level> <level label="q"> <text>“Sod” means turf sod, turf plugs, or turf sprigs of a single kind or variety or a mixture of kinds and varieties.</text> </level> <level label="r"> <text>“Tolerance” means the allowable deviation from any figure used on a label as established by the Secretary by rule or regulation.</text> </level> <level label="s"> <text>“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.</text> </level> <level label="t"> <text>“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.</text> </level> <level label="u"> <text>“Turf sod” means a strip or section of live turf which, when severed, contains sufficient plant material to remain intact.</text> </level> <level label="v"> <text>“Turf sprig” means a live plant, stolon, crown, or section cut from a perennial plant used as turf, such as bermuda grass.</text> </level> <level label="w"> <text>“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.</text> </level> <level label="x"> <text>“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.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-102" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="1" subtitle_name="Maryland Turf Grass Law"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>Following a public hearing and public notice, the Secretary may adopt rules and regulations governing the methods of:</text> <level label="1"> <text>Labeling, inspecting, sampling, analyzing, testing, and defining prohibitive and restrictive noxious weeds;</text> </level> <level label="2"> <text>Examining sod, plugs, or sprigs, and the tolerances to be followed in the administration of this subtitle; and</text> </level> <level label="3"> <text>Other rules and regulations necessary.</text> </level> </level> <level label="c"> <text>The Secretary shall direct the sod certification program in the State.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-103" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="1" subtitle_name="Maryland Turf Grass Law"> <text>To carry out the provisions of this subtitle, the Secretary may:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>Make or provide for making purity analyses, weed examinations, tests and examinations of fields for farmers and dealers on request;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>Publish the results of the analyses, tests, and examinations;</text> </level> <level label="5"> <text>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;</text> </level> <level label="6"> <text>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</text> </level> <level label="7"> <text>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.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-104" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="1" subtitle_name="Maryland Turf Grass Law"> <level label="a"> <text>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:</text> <level label="1"> <text>The recognized common names;</text> </level> <level label="2"> <text>The variety of each component;</text> </level> <level label="3"> <text>The texture, origin, and net measure;</text> </level> <level label="4"> <text>The presence of restricted noxious weeds;</text> </level> <level label="5"> <text>The name and address of the dealer who labeled the lot; and</text> </level> <level label="6"> <text>If the kind or mixture is not known, this fact shall be stated.</text> </level> </level> <level label="b"> <text>The information on the label may not be falsely modified or represented in advertisements pertaining to the sod, plugs, or sprigs.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-105" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="1" subtitle_name="Maryland Turf Grass Law"> <text>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.</text> </section> <section article="gag" article_name="Agriculture" number="9-106" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="1" subtitle_name="Maryland Turf Grass Law"> <text>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 §§ 9–104 and 9–105 of this subtitle, if he:</text> <level label="1"> <text>Has obtained from his supplier an invoice, grower’s declaration, or other labeling information relating to the sod or mixture; and</text> </level> <level label="2"> <text>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.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-107" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="1" subtitle_name="Maryland Turf Grass Law"> <level label="a"> <text>No person may transport, offer for transportation, sell, offer or expose for sale within the State, sod for planting purposes:</text> <level label="1"> <text>Not labeled in accordance with the provisions of this subtitle;</text> </level> <level label="2"> <text>Having an incomplete, false, or misleading label or claim;</text> </level> <level label="3"> <text>Which has been falsely advertised or advertised in a misleading manner;</text> </level> <level label="4"> <text>Containing prohibited noxious weeds in any amount;</text> </level> <level label="5"> <text>Containing restricted noxious weeds except as prescribed by rules and regulations adopted under this subtitle;</text> </level> <level label="6"> <text>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;</text> </level> <level label="7"> <text>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;</text> </level> <level label="8"> <text>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</text> </level> <level label="9"> <text>Containing destructively injurious insects, other animal pests, or plant diseases.</text> </level> </level> <level label="b"> <text>A person may not alter or substitute sod in any manner that may defeat the purpose of the provisions of this subtitle.</text> </level> <level label="c"> <text>A person may not disseminate any false or misleading advertisement in any manner concerning sod, sod mixtures, plugs, or sprigs.</text> </level> <level label="d"> <text>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.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-108" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="1" subtitle_name="Maryland Turf Grass Law"> <text>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.</text> </section> <section article="gag" article_name="Agriculture" number="9-109" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="1" subtitle_name="Maryland Turf Grass Law"> <text>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.</text> </section> <section article="gag" article_name="Agriculture" number="9-110" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="1" subtitle_name="Maryland Turf Grass Law"> <text>This subtitle shall be cited as the Maryland Turf Grass Law.</text> </section> <section article="gag" article_name="Agriculture" number="9-201" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“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.</text> </level> <level label="c"> <text>“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.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>“Consumer” includes any person who purchases or otherwise obtains seed for planting purposes but not for resale.</text> </level> <level label="f"> <text>“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.</text> </level> <level label="g"> <text>“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.</text> </level> <level label="h"> <text>“Germination” has the meaning provided by rule or regulation of the Secretary.</text> </level> <level label="i"> <text>“Hybrid” means the first generation seed of a cross produced by controlling the pollination and by use of sterile lines and combining:</text> <level label="1"> <text>Two, three, or four inbred lines;</text> </level> <level label="2"> <text>One inbred or a single cross with an open-pollinated variety; or</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="j"> <text>“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.</text> </level> <level label="k"> <text>“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.</text> </level> <level label="l"> <text>“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.</text> </level> <level label="m"> <text>“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.</text> </level> <level label="n"> <text>“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.</text> </level> <level label="o"> <text>“Noxious weed seed” includes prohibited noxious weed seed and restricted noxious weed seed.</text> </level> <level label="p"> <text>“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.</text> </level> <level label="q"> <text>“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.</text> </level> <level label="r"> <text>“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.</text> </level> <level label="s"> <text>“Record” includes any information relating to the shipment involved and includes a file sample of each lot of seed.</text> </level> <level label="t"> <text>“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.</text> </level> <level label="u"> <text>“Retail seedsman” includes any person who sells, or offers, exposes or transports for sale, seeds for planting purposes to the consumer.</text> </level> <level label="v"> <text>“Seed” means seed, sprout, rhizome, shoot, bulblet, fruits and other bodies capable of regrowth.</text> </level> <level label="w"> <text>“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.</text> </level> <level label="x"> <text>“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.</text> </level> <level label="y"> <text>“Tree and shrub seed” includes the seeds of woody plants and herbs, commonly known and sold as tree and shrub seeds in the State.</text> </level> <level label="z"> <text>“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.</text> </level> <level label="aa"> <text>“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.</text> </level> <level label="bb"> <text>“Weed seed” includes the seeds or bulblets of any plant generally recognized as a weed in the State, including any noxious weed seed.</text> </level> <level label="cc"> <text>“Wholesale seedsmen” includes any person who sells, or offers, exposes, or transports for sale seed for planting purposes to a retail seedsman.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-202" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <text>The Secretary shall:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>Notify promptly the person who transported, sold, offered or exposed the seed for sale, of any violation of this subtitle;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>Prescribe, and after public hearing following reasonable notice, adopt or amend by rule or regulation a prohibited and restricted noxious weed list;</text> </level> <level label="5"> <text>Prescribe, and after public hearing following reasonable notice, adopt rules and regulations establishing reasonable standards of germination for seed;</text> </level> <level label="6"> <text>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;</text> </level> <level label="7"> <text>Make or provide for making purity analyses, germination tests, and examinations of seeds for farmers and dealers on request;</text> </level> <level label="8"> <text>Prescribe rules and regulations governing the analyses, tests, and examinations;</text> </level> <level label="9"> <text>Fix and collect charges for the analyses, tests, and examinations;</text> </level> <level label="10"> <text>Publish the results of the analyses, tests, and examinations made under the provisions of this subtitle, together with any other information deemed advisable;</text> </level> <level label="11"> <text>Cooperate with the United States Department of Agriculture in seed law enforcement; and</text> </level> <level label="12"> <text>Direct seed certification work in the State.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-203" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-204" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <level label="a"> <text>No person may engage in the business of a wholesale seedsman in the State unless he first obtains a permit.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>Out-of-state wholesale seedsmen doing business in the State shall obtain a permit in the same manner.</text> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <text>The Secretary may issue a stop-sale order to any wholesale seedsman who offers or exposes seed for sale without holding a valid permit.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-205" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>Every record and sample pertaining to the shipment involved shall be accessible for inspection by the Secretary during customary business hours.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-206" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <level label="a"> <text>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:</text> <level label="1"> <text>A word or statement indicating that the seed is treated;</text> </level> <level label="2"> <text>The commonly accepted, coined, chemical, or abbreviated chemical (generic) name of the applied substance; and</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="b"> <text>A separate label containing the required information statement may be used.</text> </level> <level label="c"> <text>The statement may not be modified or denied in the labeling or on another label attached to the container.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-207" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <level label="a"> <text>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:</text> <level label="1"> <text>The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within the State;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>Where more than one component is required to be named, the word “mixture” or the word “mixed” shall be shown conspicuously on the label;</text> </level> <level label="4"> <text>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;</text> </level> <level label="5"> <text>Lot number or other identification;</text> </level> <level label="6"> <text>Percentage by weight of seeds other than that required to be named on the label;</text> </level> <level label="7"> <text>Percentage by weight of inert matter;</text> </level> <level label="8"> <text>Percentage by weight of every weed seed;</text> </level> <level label="9"> <text>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.</text> <text>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;</text> <text>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</text> </level> <level label="10"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-208" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <text>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:</text> <level label="1"> <text>For containers of at least 1 pound --</text> <level label="i"> <text>Lot number or other lot identification;</text> </level> <level label="ii"> <text>Name of kind and variety of seed;</text> </level> <level label="iii"> <text>Percentage of germination, exclusive of hard seed;</text> </level> <level label="iv"> <text>Percentage of hard seed, if present;</text> </level> <level label="v"> <text>The month and year the test was completed to determine the percentages; and</text> </level> <level label="vi"> <text>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.</text> </level> </level> <level label="2"> <text>For containers less than 1 pound --</text> <level label="i"> <text>The name of kind and variety of seed;</text> </level> <level label="ii"> <text>The year for which the seed is packaged or the germination percentage and date;</text> </level> <level label="iii"> <text>For seed which germinates less than the standard last established by the Secretary under this subtitle:</text> <level label="1"> <text>Percentage of germination, exclusive of hard seed,</text> </level> <level label="2"> <text>Percentage of hard seed, if present,</text> </level> <level label="3"> <text>The month and year the test was completed to determine such percentages, and</text> </level> <level label="4"> <text>The words “below standard” in not less than 8-point type; and</text> </level> </level> <level label="iv"> <text>The name and address of the person who labeled the seed or who sells, offers or exposes the seed for sale in the State.</text> </level> </level> </section> <section article="gag" article_name="Agriculture" number="9-209" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <text>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:</text> <level label="1"> <text>Name of kind and variety of seed; and</text> </level> <level label="2"> <text>The year for which the seed is packaged or the germination percentage and date.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-209.1" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <text>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.</text> </section> <section article="gag" article_name="Agriculture" number="9-210" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <level label="a"> <text>No person may sell, offer or expose for sale, or transport any agricultural, vegetable, herb, flower, tree, or shrub seed in the State:</text> <level label="1"> <text>Unless the test to determine the percentage of germination required by §§ 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;</text> </level> <level label="2"> <text>Not labeled in accordance with the provisions of this subtitle, or having a false or misleading labeling;</text> </level> <level label="3"> <text>Pertaining to which there has been a false or misleading advertisement;</text> </level> <level label="4"> <text>Containing prohibited noxious weed seeds;</text> </level> <level label="5"> <text>Containing restricted noxious weed seeds in excess of the number prescribed by rules and regulations adopted under this subtitle;</text> </level> <level label="6"> <text>Containing more than 2.50 percent by weight of all weed seeds; and</text> </level> <level label="7"> <text>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.</text> </level> </level> <level label="b"> <text>No person in the State may:</text> <level label="1"> <text>Detach, alter, deface, or destroy any label provided for in this subtitle or the rules and regulations adopted under it;</text> </level> <level label="2"> <text>Alter or substitute seed in a manner that may defeat the purpose of this subtitle;</text> </level> <level label="3"> <text>Disseminate any false or misleading advertisement concerning agricultural, vegetable, herb, flower, tree, or shrub seeds in any manner or by any means;</text> </level> <level label="4"> <text>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</text> </level> <level label="5"> <text>Use the word “trace” or “type” as a substitute for any statement which is required by law.</text> </level> </level> </section> <section article="gag" article_name="Agriculture" number="9-211" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <level label="a"> <text>The provisions of this subtitle do not apply to:</text> <level label="1"> <text>Seed or grain not intended for planting purposes and labeled accordingly;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-212" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <text>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.</text> </section> <section article="gag" article_name="Agriculture" number="9-213" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-214" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="2" subtitle_name="Regulation of Sale and Transportation of Seed"> <level label="a"> <text>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:</text> <level label="1"> <text>For a first violation for which a civil penalty is imposed, not more than $100;</text> </level> <level label="2"> <text>For a second violation for which a civil penalty is imposed, not more than $250; or</text> </level> <level label="3"> <text>For a third or subsequent violation for which a civil penalty is imposed, not more than $500.</text> </level> </level> <level label="b"> <text>Penalties collected by the Secretary under this section shall be paid into the General Fund of the State.</text> </level> <level label="c"> <text>The Secretary shall adopt regulations to carry out the provisions of this section.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-301" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="3" subtitle_name="Potato Seed Inspection Act"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“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.</text> </level> <level label="c"> <text>“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.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-302" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="3" subtitle_name="Potato Seed Inspection Act"> <text>The Secretary may adopt and enforce rules and regulations requiring the payment of reasonable fees necessary to effectuate the purposes of this subtitle.</text> </section> <section article="gag" article_name="Agriculture" number="9-303" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="3" subtitle_name="Potato Seed Inspection Act"> <text>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.</text> </section> <section article="gag" article_name="Agriculture" number="9-304" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="3" subtitle_name="Potato Seed Inspection Act"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-305" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="3" subtitle_name="Potato Seed Inspection Act"> <text>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.</text> </section> <section article="gag" article_name="Agriculture" number="9-306" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="3" subtitle_name="Potato Seed Inspection Act"> <text>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.</text> </section> <section article="gag" article_name="Agriculture" number="9-307" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="3" subtitle_name="Potato Seed Inspection Act"> <text>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.</text> </section> <section article="gag" article_name="Agriculture" number="9-401" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="4" subtitle_name="Weed Control"> <level label="a"> <text>The existence of growth of certain species of plants is declared to be noxious.</text> </level> <level label="b"> <text>The Secretary shall adopt regulations to establish a list of plants that are considered to be noxious weeds in the State.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-402" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="4" subtitle_name="Weed Control"> <text>The Secretary may:</text> <level label="1"> <text>Investigate, study, and make a determination on:</text> <level label="i"> <text>The extent of growth and infestation of a noxious weed or other weed species in the State; and</text> </level> <level label="ii"> <text>The effect of the noxious weed or other weed species on agricultural production;</text> </level> </level> <level label="2"> <text>By regulation, designate as a noxious weed any plant that adversely affects or threatens agricultural production;</text> </level> <level label="3"> <text>Institute programs or carry out practices necessary for the control and eradication of a noxious weed;</text> </level> <level label="4"> <text>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;</text> </level> <level label="5"> <text>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</text> </level> <level label="6"> <text>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.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-403" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="4" subtitle_name="Weed Control"> <level label="a"> <text>In this section, “subdivision of the State” includes a Soil Conservation District.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>The agreement between the Secretary and county or subdivision of the State may be terminated by either party on 30 days’ written notice.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-404" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="4" subtitle_name="Weed Control"> <level label="a"> <text>No person may:</text> <level label="1"> <text>Import or transport a noxious weed in the State in any form capable of growth; or</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-405" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="4" subtitle_name="Weed Control"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Each violation shall be reported to the State’s Attorney for the county in which the violation occurs.</text> </level> <level label="3"> <text>The State’s Attorney shall prosecute all violations and bring an action to enjoin any nuisance.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gag" article_name="Agriculture" number="9-406" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="4" subtitle_name="Weed Control"> <level label="a"> <text>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.</text> </level> <level label="b"> <level label="1"> <text>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:</text> <level label="i"> <text>For a first violation, not more than $500;</text> </level> <level label="ii"> <text>For a second violation, not more than $1,000; or</text> </level> <level label="iii"> <text>For a third or subsequent violation, not more than $2,000.</text> </level> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gag" article_name="Agriculture" number="9-601" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="6" subtitle_name="Ginseng Control"> <text>In this subtitle the term “ginseng” includes any part of the plant called Wild American Ginseng (panax quinquefolius l.).</text> </section> <section article="gag" article_name="Agriculture" number="9-602" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="6" subtitle_name="Ginseng Control"> <level label="a"> <text>A person who collects and harvests ginseng for sale shall hold a valid annual collection permit from the Department.</text> </level> <level label="b"> <text>A person who buys ginseng for resale shall register annually with the Department as a ginseng dealer.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-603" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="6" subtitle_name="Ginseng Control"> <text>The Secretary may:</text> <level label="1"> <text>Conduct research to determine ginseng population trends, propagation techniques or ways of conserving ginseng;</text> </level> <level label="2"> <text>Promote the conservation and export of ginseng;</text> </level> <level label="3"> <text>Establish standards for the certification of ginseng intended for export;</text> </level> <level label="4"> <text>Establish guidelines and requirements for the conservation and harvesting of ginseng;</text> </level> <level label="5"> <text>Require that records be kept by any person who harvests or buys ginseng intended for sale; and</text> </level> <level label="6"> <text>Establish conditions under which a permit or registration may be suspended or revoked.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-604" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="6" subtitle_name="Ginseng Control"> <text>Any records required by this subtitle shall be kept for 3 years and be made available to the Department upon request.</text> </section> <section article="gag" article_name="Agriculture" number="9-605" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="6" subtitle_name="Ginseng Control"> <text>The Secretary may charge the following fees:</text> <level label="1"> <text>Collection permit - $2 each;</text> </level> <level label="2"> <text>Dealer registration - $20 each.</text> </level> </section> <section article="gag" article_name="Agriculture" number="9-606" title_number="9" title_name="Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds" subtitle_number="6" subtitle_name="Ginseng Control"> <text>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.</text> </section>