In this subtitle the following words have the meanings indicated. “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. “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. 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. “Consumer” includes any person who purchases or otherwise obtains seed for planting purposes but not for resale. “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. “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. “Germination” has the meaning provided by rule or regulation of the Secretary. “Hybrid” means the first generation seed of a cross produced by controlling the pollination and by use of sterile lines and combining: Two, three, or four inbred lines; One inbred or a single cross with an open-pollinated variety; or 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. “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. “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. “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. “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. “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. “Noxious weed seed” includes prohibited noxious weed seed and restricted noxious weed seed. “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. “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. “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. “Record” includes any information relating to the shipment involved and includes a file sample of each lot of seed. “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. “Retail seedsman” includes any person who sells, or offers, exposes or transports for sale, seeds for planting purposes to the consumer. “Seed” means seed, sprout, rhizome, shoot, bulblet, fruits and other bodies capable of regrowth. “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. “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. “Tree and shrub seed” includes the seeds of woody plants and herbs, commonly known and sold as tree and shrub seeds in the State. “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. “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. “Weed seed” includes the seeds or bulblets of any plant generally recognized as a weed in the State, including any noxious weed seed. “Wholesale seedsmen” includes any person who sells, or offers, exposes, or transports for sale seed for planting purposes to a retail seedsman.

The Secretary shall: 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; Notify promptly the person who transported, sold, offered or exposed the seed for sale, of any violation of this subtitle; 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; Prescribe, and after public hearing following reasonable notice, adopt or amend by rule or regulation a prohibited and restricted noxious weed list; Prescribe, and after public hearing following reasonable notice, adopt rules and regulations establishing reasonable standards of germination for seed; 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; Make or provide for making purity analyses, germination tests, and examinations of seeds for farmers and dealers on request; Prescribe rules and regulations governing the analyses, tests, and examinations; Fix and collect charges for the analyses, tests, and examinations; Publish the results of the analyses, tests, and examinations made under the provisions of this subtitle, together with any other information deemed advisable; Cooperate with the United States Department of Agriculture in seed law enforcement; and Direct seed certification work in the State.

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. 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.

No person may engage in the business of a wholesale seedsman in the State unless he first obtains a permit. 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. 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. Out-of-state wholesale seedsmen doing business in the State shall obtain a permit in the same manner. 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. The Secretary may issue a stop-sale order to any wholesale seedsman who offers or exposes seed for sale without holding a valid permit.

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

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: A word or statement indicating that the seed is treated; The commonly accepted, coined, chemical, or abbreviated chemical (generic) name of the applied substance; and 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. A separate label containing the required information statement may be used. The statement may not be modified or denied in the labeling or on another label attached to the container.

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: The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within the State; 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; Where more than one component is required to be named, the word “mixture” or the word “mixed” shall be shown conspicuously on the label; 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; Lot number or other identification; Percentage by weight of seeds other than that required to be named on the label; Percentage by weight of inert matter; Percentage by weight of every weed seed; 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 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. 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.

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: For containers of at least 1 pound -- Lot number or other lot identification; Name of kind and variety of seed; Percentage of germination, exclusive of hard seed; Percentage of hard seed, if present; The month and year the test was completed to determine the percentages; and 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. For containers less than 1 pound -- The name of kind and variety of seed; The year for which the seed is packaged or the germination percentage and date; For seed which germinates less than the standard last established by the Secretary under this subtitle: Percentage of germination, exclusive of hard seed, Percentage of hard seed, if present, The month and year the test was completed to determine such percentages, and The words “below standard” in not less than 8-point type; and The name and address of the person who labeled the seed or who sells, offers or exposes the seed for sale in the State.

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: Name of kind and variety of seed; and The year for which the seed is packaged or the germination percentage and date.

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.

No person may sell, offer or expose for sale, or transport any agricultural, vegetable, herb, flower, tree, or shrub seed in the State: 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; Not labeled in accordance with the provisions of this subtitle, or having a false or misleading labeling; Pertaining to which there has been a false or misleading advertisement; Containing prohibited noxious weed seeds; Containing restricted noxious weed seeds in excess of the number prescribed by rules and regulations adopted under this subtitle; Containing more than 2.50 percent by weight of all weed seeds; and 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. No person in the State may: Detach, alter, deface, or destroy any label provided for in this subtitle or the rules and regulations adopted under it; Alter or substitute seed in a manner that may defeat the purpose of this subtitle; Disseminate any false or misleading advertisement concerning agricultural, vegetable, herb, flower, tree, or shrub seeds in any manner or by any means; 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 Use the word “trace” or “type” as a substitute for any statement which is required by law.

The provisions of this subtitle do not apply to: Seed or grain not intended for planting purposes and labeled accordingly; 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 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. 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.

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.

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. 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. 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. 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.

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: For a first violation for which a civil penalty is imposed, not more than $100; For a second violation for which a civil penalty is imposed, not more than $250; or For a third or subsequent violation for which a civil penalty is imposed, not more than $500. Penalties collected by the Secretary under this section shall be paid into the General Fund of the State. The Secretary shall adopt regulations to carry out the provisions of this section.