# Agriculture (GAG)

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

### 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.

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