Title 15 — Subtitle 08. Turf and Seed

“Blend” means seed consisting of more than one variety of a kind, each in excess of 5 percent of the whole.

“Brand” means a word, name, symbol, number, trademark, or design used to identify seed of one person to distinguish it from seed of another person.

“Conditioning” means drying, cleaning, scarifying, and other operations which could change the purity or germination of the seed and require the seed lot to be retested to determine the label information.

“Department” means Maryland Department of Agriculture.

“Official sample” means a sample taken by a representative of the Department.

“Secretary” means Secretary of Agriculture or the Secretary's designee.

“Rules for Testing Seeds” (Association of Official Seed Analysts, 1998).

Supplement 1—Revised 1998.

Supplement 2—1999 and 2000.

Minimum germination standards are listed in Regulation .12A. When “Season Packed For” is shown on the label instead of the percentage of germination, the percentage of germination of the seed, when tested, shall equal or exceed the minimum standards listed in Regulation .12A.

All other seed, for which a germination standard has not been established, shall germinate at a minimum rate of 50 percent. Seed germinating at a rate less than the minimum standard shall be labeled “BELOW STANDARD” in not less than 8-point type, except that seed germinating at a rate less than 2/3 of the minimum standard shall be considered unfit for seed purposes and in violation of the Maryland Seed Law.

Each lot in violation shall be subject to a stop-sale order and to seizure by the Department.

Minimum germination standards are listed in Regulation .12B. When “Season Packed For” is shown on the label instead of the percentage of germination, the percentage of germination of the seed, when tested, shall equal or exceed the minimum standard listed in Regulation .12B. All other seed, for which a germination standard has not been established, shall germinate at a minimum rate of 50 percent. Seed germinating at a rate less than the minimum standard shall be labeled “BELOW STANDARD” in not less than 8-point type, except that seed germinating at a rate less than 2/3 of the minimum standard shall be considered unfit for seed purposes and in violation of the Maryland Seed Law. Each lot in violation shall be subject to a stop-sale order and to seizure by the Department.

A mixture of kinds of flower seed shall be considered below standard when the germination of any kind or combination of kinds (listed on the label as ingredients) constituting 25 percent or more of the mixture, by number, is below standard. A mixture below standard shall be considered the same as a single kind of flower seed and subject to the same labeling requirements and stop-sale or seizure orders as in §B(1), above.

Balloon vine—Cardiospermum halicacabum;

Canada thistle—Cirsium arvense L.;

Plumeless thistle, which includes musk thistle and curly thistle—Carduus spp.;

Quack grass—Elytrigia repens;

Serrated tussock--Nassella trichotoma;

Sicklepod—Senna obtusifolia;

Sorghum species, which include Johnson grass (Sorghum halepense L.) and hybrids that contain Johnson grass as a parent, and any other kind of grass that produces seed which cannot be distinguished readily from Johnson grass seed.

Bindweed—Convolvulus arvensis;

Bermuda grass (common and giant)—Cynodon dactylon;

Cocklebur—Xanthium strumarium;

Corn cockle—Agrostemma githago;

Dodder—Cuscuta spp.;

Giant foxtail—Setaria faberi;

Horse nettle—Solanum carolinense;

Spurred anoda—Anoda cristata;

Wild garlic—Allium vineale;

Wild onion—Allium canadense.

Except as provided in §C(4), seed of the following plants shall be restricted noxious weed seed and shall be listed on the tag or label under the heading “Noxious Weed Seed” or “Undesirable Grass Seed” by name and number per pound or ounce when present in bentgrass, Kentucky bluegrass, Chewings fescue, hard fescue, red fescue, varieties of named turf-type tall fescue, varieties of perennial ryegrass, or a mixture containing any of these grasses:

Restricted noxious weed seed set forth in §C(1) may not exceed 0.5 percent by weight.

If included on the tag or label, seed designated as noxious weed seed in other states shall be listed under the heading “Noxious Weed Seed” or “Undesirable Grass Seed”.

The restricted noxious weed seed set forth in §C(1) may not apply to grasses or mixtures clearly labeled for:

A tolerance may not be allowed for prohibited noxious weed seed found in agricultural, vegetable, flower, tree, shrub, or lawn and turf seed. A seed lot containing prohibited noxious weed seed shall be in violation of the Maryland Seed Law and shall be subject to stop-sale and seizure by the Department.

Except as provided in §C, restricted noxious weed seed present in a seed lot shall be listed on the label under the heading “Noxious Weed Seed” and the name and number of seed per unit shall be declared. A unit is defined in the Maryland Seed Law for seeds of different sizes. A tolerance may not be allowed for a seed lot containing restricted noxious weed seed, singly or collectively, at the rate of 17 or more per unit of seed, and the seed lot shall be considered in violation of the Maryland Seed Law and shall be subject to stop-sale and seizure by the Department. The terms “Free” and “None” shall mean that no noxious weed seed was found in a test complying with methods established by the Association of Official Seed Analysts.

Each bag or bulk lot shall be labeled when supplied to a retailer or to a consumer.

Conditioned seed in storage shall bear a lot number or other identifying designation on each lot and shall be accessible for official sampling by the Department.

A seed lot held for conditioning or storage, but not for sale, shall bear the owner's name and address or lot number. The operator of the warehouse or conditioning plant shall maintain records showing the kind, or kind and variety, quantity, owner or consignor, and consignee of each lot of seed.

Seed offered for sale when the vendor orally, in writing, or in advertising represents or implies that the seed is suitable for planting shall be deemed to be offered for sale for planting purposes and shall bear labels as required in this chapter. A seed lot offered for sale at an auction, sales barn, farm sale, or similar sale shall meet all seed labeling requirements of the Maryland Seed Law.

Required labeling information shall be legibly printed or hand lettered within a single conspicuous location on the container or tag. Origin of the seed, the net weight, and information regarding treated seed may be included within the required labeling information.

An official certification tag or label shall be affixed to each container of seed represented to be certified seed.

A state permit or tax number may not appear on any tag or container.

The labeling may not contain a statement or representation that is false, fraudulent, or misleading.

Nomenclature.

Flower seed shall be labeled to show the name of kind and variety, or scientific name when commonly accepted.

Seed of Plants Grown Primarily for Their Blooms.

The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale in the State shall appear on the container.

The label format shall be columnar with appropriate headings including “Pure Seed”, “Germination”, “Other Crop Seed”, “Inert Matter”, “Weed Seed”, “Test Date”, “Noxious Weed Seed” or “Undesirable Grass Seed”, and “Lot Number”.

For mixtures, the word “mixture” or “mixed” shall be stated in the product name on required labeling and in the product name whenever stated on the container.

The name and complete mailing address of the responsible labeler shall be stated on the label.

Required headings may not be abbreviated.

Kind and variety names may not be abbreviated or altered.

The label shall be free of all non-required claims or statements, except seed origin.

A single test date, including the month and year, may be declared, provided it is that of the oldest tested component.

The commonly accepted name of the kind, or kind and variety, of each lawn or turf seed component consisting of 0.5 percent or more of the whole, and the percentage, by weight, of pure seed of each in order of predominance and in columnar form shall be listed under the headings “Pure Seed” and “Germination”.

“Other Crop Seed” shall include the percentage, by weight, of all agricultural seed, except those required to be declared as a component of the mixture.

The percentage by weight of inert matter in lawn and turf seed and mixtures of them may not exceed 10 percent, except that 15 percent inert matter shall be permitted in Kentucky bluegrass labeled without a variety name. Foreign matter, other than material used for coating or pelletizing to enhance the planting value, not common to grass seed, may not be added.

Total weed seed, including lawn and turf restricted noxious weed seed, may not exceed 1 percent by weight.

Kind and variety, or scientific name, when commonly accepted;

Lot number or other means of identification;

The specific locality (state and county in the United States or nearest equivalent political unit in case of foreign countries) in which seed was collected;

For forest tree seed, the elevation to the nearest 500 feet above sea level at which the seed was collected;

The calendar year in which the seed was collected or the percentage of germination and the calendar year and month in which the seed was tested; and

The name and address of the person who labeled the seed or who sells, or offers, or exposes the seed for sale within the State.

Commonly accepted name of kind or kinds;

Lot number;

Percentage by weight of each pure seed component in excess of 5 percent of the whole, other crop seed, inert matter, or weed seed;

Percent germination of each pure seed component; and

The calendar month and year the germination test was completed.

Seed that is coated or pelleted shall be labeled to reflect the percentage of pure seed, not including coating material. The coating or pelletizing material shall be declared as inert matter, percentage by weight, except that the percentage of pure seed and inert matter does not need to be shown on flower or vegetable seed containers of less than 1 pound when the net quantity is labeled on a seed count basis.

Seed sold, offered, or exposed for sale, in containers in which the seed is preplanted in a germination medium, mat, tape, or similar device or is coated or pelleted, is subject to the provisions of the Maryland Seed Law.

When the seed is placed in the germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing it, the label shall bear a statement to indicate the number of seeds in the container, except for agricultural seed for which the number of seeds per square inch shall be indicated.

The word “combination” followed by the words “mulch—seed—fertilizer (if appropriate)” shall appear on the upper 30 percent of the principal display panel. The word “combination” shall be the largest and most conspicuous type on the container, equal to or larger than the product name. The words “mulch—seed—fertilizer” may not be smaller than 1/2 the size of the word “combination” and shall be in close proximity to the word “combination”. These products shall contain a minimum of 70 percent mulch.

“Mulch” as used in this regulation means a protective covering of a suitable substance placed with seed which acts to retain sufficient moisture to support seed germination and sustain early seedling growth and aid in the prevention of evaporation of soil moisture, the control of weeds, and the prevention of erosion.

Analysis Label. Agricultural, lawn, and turf seeds placed in a germination medium, mat, tape, or other device or mixed with mulch shall be labeled as follows:

A word or statement indicating that the seed has been treated.

The accepted common name, chemical name, or trade name of the pesticide applied to the seed.

Seed Treated with Pesticide.

A container of seed treated with a pesticide shall be labeled in type not smaller than 8-point with the caution statement “Do not use for food, feed, or oil purposes.”

The information may be on the analysis tag, or in close association with the analysis tag on a separate tag attached to the container, or on the container.

Origin of the seed lot, or the statement that the origin is unknown.

Grower's name and address or supplier's name and address.

Shipper's analysis label, invoice, laboratory report, or other records, or all of the above, reflecting claimed analysis for the seed.

Documents reflecting prior lot numbers, quantities, date of production or delivery and other information necessary to prove origin identity, including kind and variety. If lot numbers have been changed, all documents shall be maintained reflecting blending, reconditioning, treatment, etc.

Copy of laboratory analysis reports reflecting the lot number and data supporting all label claims.

Such information as is needed for identification, current inventory and records of disbursements, plus other data to establish the ownership, quantity, disposition, or disposal. The record, after the seed lot is conditioned, shall reflect the quantity of clean seed, dockage, and screenings.

A grower's declaration giving the quantity, kind, variety, origin, and year of harvest for each lot of seed which is not readily distinguishable by examination. A grower's declaration shall reflect the name, address, and signature of the grower.

A representative seed sample of at least the amount of agricultural seed required for a noxious weed seed examination and at least 1,000 seeds of vegetable, flower, tree, and shrub seed. These seed samples shall be maintained for at least 1 year after the entire seed lot has been disposed of by this person.

Source of each seed lot;

Quantity of each seed lot received;

Number of shipments and date of each shipment received;

Size and type of containers (Example: 5-pound box);

Invoices and shipping documents pertaining to each shipment of seed received;

Quantities of each seed lot distributed to each retail branch or consumer store;

Name and address of each store receiving;

Date shipped to each store;

Means of shipment, including type and name of carrier; and

Other records necessary to provide current inventory identification and disposition of each seed lot.

Group I—Small grains and legumes:

Group II—Soybeans;

Group III—Grasses other than those in Group I:

Group IV—Tree and shrub seed;

Group V— Flowers and herbs;

Group VI— Reclamation and wetlands species not listed above such as smartweed, rice cut grass, boneset, etc.;

Group VII—Mixtures of Groups I and II kinds (per component); and

Group VIII—Mixtures of all other kinds (per component).

If mixture components are not listed, a complete purity and noxious test will be performed at the rates indicated in §B of this regulation.

An additional $10 shall be charged for germination tests conducted in sand-soil.

Uncleaned or excessively chaffy or dirty samples and other seed tests not listed shall be charged for on the basis of the actual time required to make tests at the rate of $40 per hour.

Miscellaneous fees, which are as follows:

For the first violation, not more than $100;

For a second violation within a 2-year period, not more than $250; or

For a third or subsequent violation within a 2-year period, not more than $500.

The willfulness of the violation and the extent to which the violator exercised reasonable care;

The total number of seed lots found in violation at that location;

The number of packages contained in each lot; and

The extent to which the current violation is a part of recurrent violations of the Maryland Seed Law committed by the violator.

The recognized common names;

The variety of each component;

The texture, origin, and net measure;

The presence of restricted noxious weeds;

The name and address of the dealer who labeled the lot;

If the kind or mixture is not known, this fact shall be stated;

Date of labeling.

Colonial bent grass—agrostis capillaris.

Creeping bent grass—agrostis stolonifera var. palustris.

Bermuda grass—cynodon dactylon var. dactylon (only improved varieties intended for turf use).

Canada bluegrass—poa compressa.

Kentucky bluegrass—Poa pratensis.

Rough bluegrass—Poa trivialis.

Red fescue—festuca rubra subsp. rubra.

Chewings fescue—festuca rubra var. commutata.

Hard fescue—festuca longifolia.

Tall fescue (turf-type)—festuca arundinacea.

Zoysia—Zoysia spp.

Perennial ryegrass (turf-type)—lolium perenne.

Tall fescue (other than turf-type)—festuca arundinacea.

Redtop—agrostis gigantea.

Annual or Italian ryegrass—lolium multiflorum.

Perennial ryegrass (other than turf-type)—lolium perenne.

Bermuda grass (other than improved varieties intended for turf use)—cynodon dactylon var. dactylon.

Giant Bermuda grass—cynodon dactylon var. aridus.

Quack grass—elytrigia repens.

Nutsedge—cyperus spp.

Orchard grass—dactylis glomerata.

Nimble will—mulhenbergia schreberi.

Annual bluegrass—poa annua.

Crabgrass—digitaria spp.

Goose grass—eleusine indica.

Foxtail—setaria spp.

Tall fescue—festuca arundinacea.

Bent grass—agrostis spp.

“Breeder seed” means a class of seed directly controlled by the originating or sponsoring plant breeding institution, person, or designee. Breeder seed is the source for the production of seed of all other classes of certified seed. In varietal purity, Breeder seed shall be equal to, or higher than, Foundation seed.

“Certified seed” means a class of seed that is the progeny of Breeder, Foundation, or Registered seed handled to maintain the standards of that class. Certified seed may not be used to produce Certified seed, except as provided in Regulation .04 of this chapter.

“Certifying agency” or “agency” means the Maryland Department of Agriculture.

“Classes of certified seed” means Breeder seed, Foundation seed, Registered seed, and Certified seed.

“Conditioning” means the cleaning of seed to remove inert matter, diseased seed, or other crop and weed seed.

“Foundation seed” means a class of seed that is the progeny of Breeder or Foundation seed and handled to maintain the standards of that class. Foundation seed may be used to produce Registered or Certified seed (see Regulation .14 of this chapter).

“Kind” means one or more related species or subspecies which singly or collectively is known by one common name.

“Official sample” means a sample taken by a representative of the certifying agency.

“Off-type” means plants or seeds that do not conform to one or more characteristics of a variety.

“Registered seed” means a class of seed that is the progeny of Breeder or Foundation seed and handled to maintain the standards of that class. Registered seed may be used for the production of Certified seed.

“Secretary” means the Secretary of Agriculture or the Secretary’s designee.

“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.

National Variety Review Board. A part of the Association of Official Seed Certifying Agencies that is responsible for determining that a variety merits certification by evaluating information furnished by the applicant.

Plant Variety Protection Office. A bureau within the U.S. Department of Agriculture that encourages the development of novel varieties of sexually reproduced plants.

Official Seed Certifying Agency. The agency responsible for directing seed certification activities within a state.

A variety determined by the Secretary to be eligible.

Name of variety;

A statement concerning origin of the variety and breeding procedures used in its development;

A description of the variety;

Disease and insect resistance, yield data, and any other data that may support its identity;

The area of adaptation of the variety;

The procedure for maintenance of seed classes, including the number of generations through which the variety may be multiplied;

A description of the manner in which the variety is constituted when a particular cycle or reproduction or multiplication is specified;

Additional restrictions on the variety, specified by the breeder, with respect to geographic area of seed production, age of stand (growing crop), or other factors affecting genetic purity; and

A seed sample representative of the variety, as marketed.

Inspection applications shall be received by the certifying agency not later than the following dates (see Regulation .14 of this chapter):

Late applications will be accepted at the discretion of the certifying agency (see Regulation .19 of this chapter for late fees);

An applicant may withdraw an inspection application on any field and receive an adjustment of fees by the agency, provided the withdrawal notice is received before the field is inspected by the certifying agency.

That the information submitted for verification of seed eligibility is representative of the total amount of seed used and that the seed verified was planted on the field described on the application;

That all equipment involved with planting, harvesting, storing, conditioning, and handling of the seed was cleaned thoroughly before use; and

That the identity of the seed will be maintained, from harvest until it leaves the applicant's possession, through use of a numerical system, or some other identification system acceptable to the certifying agency.

Facilities shall be adequate to condition seed lots without contamination;

Each seed lot shall remain identified at all times;

Records of all conditioning operations relating to certification shall account for all incoming seed and its final disposition;

Each person shall maintain adequate records on the conditioning of all classes of Certified seed and shall permit inspection by the certifying agency;

Each conditioning business shall designate a contact person who is knowledgeable about the conditioning business; and

A person conditioning Maryland Certified seed shall have the facilities inspected and approved by the certifying agency before conditioning begins.

All classes of Certified seed shall be put into new bags or containers, unless the certifying agency approves previously used bags or other containers before the bagging of the seed lot.

Bags or containers shall be securely closed by machine sewing, or other methods approved by the agency, to prevent contamination.

Bags containing seed that fails to meet certification requirements may not display statements implying certification when the seed is offered or exposed for sale.

The seed owner shall notify the certifying agency before opening a bag for the purpose of treating or reconditioning a seed lot.

On each bag of Certified seed, the kind, variety, and lot number shall be marked in a conspicuous place, or each bag shall be marked in a manner approved by the certifying agency.

Bagged Seed. The seed lot shall be conditioned and bagged before the applicant requests that an official sample be collected.

Bulk Seed. The seed lot shall be conditioned and stored by the applicant as stated in Regulation .13 of this chapter before an official sample is collected.

Seed shall be stored by the applicant so that a representative sample may be taken and an accurate bag count made.

A seed lot that has not been protected from contamination, or is not properly identified, shall be rejected for certification by the agency.

One additional sample of a seed lot may be taken by the agency to assist in making a final determination as to the eligibility of a seed lot for certification.

The certifying agency may resample any lot of seed after certification tags have been issued to ensure the quality of the seed.

Breeder—white;

Foundation—white;

Registered—purple; and

Certified—blue.

One Tag. This tag carries the complete analysis of the seed lot and also serves as the certification tag.

Two Tags. A certification tag shall show the kind and variety, lot number, and grower number. An analysis tag showing purity analysis and germination rate, as required by the Maryland Seed Law, Agriculture Article, §9-207, Annotated Code of Maryland, shall accompany the certification tag. The analysis information may be printed on a tag furnished by the applicant or by the certifying agency.

Label seed sold in mini-bulk and similar containers in a manner acceptable to the agency;

Affix the labels in:

Have openings at the top for loading purposes; and

Can be securely sealed by the agency so that additional seed may not be added.

Handle the seed in a manner that will prevent mixtures and contamination;

Ensure that a bin, auger, conveyor, and other equipment is cleaned before storage or handling of Certified seed; and

Determine that the vehicle receiving bulk Certified seed is clean before loading begins. If it is not, this is to be noted on the transfer certificate.

Before certification is complete, the applicant shall affix a tag in a conspicuous place near each bulk storage area. This label is used to identify the:

After certification is complete, a certification tag indicating Certified seed status shall be attached to each bin or bulk storage area. The kind and variety, lot number or bin number, grower number or origin, number of bushels, purity analysis, germination rate and test date shall appear on a blue tag.

Each bin or bulk storage area is a separate lot.

An applicant may not transfer seed to any other bin without prior approval of the certifying agency.

May be used to produce Foundation seed;

Shall be produced at Maryland Agricultural Experiment Station farms, unless prior approval has been granted by the certifying agency to produce this seed elsewhere.

The grower shall have produced Registered or Certified seed in past years;

The grower shall be producing Registered or Certified seed of the same variety, unless prior written approval has been granted by the certifying agency.

Rodent damage;

Insect damage;

Moisture damage;

Excessive disease;

Weed content;

Other crop contaminants;

Inert matter; or

Any other factor that affects the performance or quality of certified seed.

Variety and kind;

Quantity of seed;

Class of seed;

Lot number that corresponds to the previous certifying agency's record; and

Name and address of shipper.

Varieties Per Grower. Not more than two varieties may be produced by each grower, unless permission is granted by the certifying agency. The two varieties grown shall differ in maturity class, pubescence color, or hilum color.

Land Requirements. Soybeans shall be grown on land where the previous crop was not soybeans unless the previous crop was:

Isolation.

Field Inspection.

Field Inspection Standards for Soybeans.

Seed Standards.

Maximum Lot Size. The size of each lot of certified soybean seed is limited to 2,000 bushels or that quantity of seed, produced by an individual grower, that has been conditioned at the time an official sample is collected. A sample may be collected for each 2,000 bushels in the lot. If the seed is treated, the entire lot shall be treated with the same treatment or combination of treatments.

Before issuing new certification tags for seed carried over from the previous planting season, the Department shall perform an accelerated aging test and a warm germination test for each official sample. These tests shall be conducted after February 1. For each sample, the minimum germination shall be 80 percent and a minimum 75 percent germination following accelerated aging.

Varieties Per Grower. Not more than two varieties may be produced by each grower, unless written permission is granted by the certifying agency before planting.

Land Requirements. If a small grain crop is to be certified, it may not be grown on land that produced a small grain crop the previous year, unless that previous crop was grown from a class of Certified seed of the same variety. Double-cropping or plowing between small grain crops does not change this requirement.

Isolation Requirements.

Field Inspection.

Field Inspection Standards for Barley, Oat, Rye, Wheat.

Seed Standards for Barley, Oat, Rye, Wheat.

Maximum Lot Size. The size of each lot of certified small grain seed is limited to 2,000 bushels or that quantity of seed, produced by an individual grower, that has been conditioned at the time an official sample is collected. A sample may be collected for each 2,000 bushels in the lot.

Definitions.

Classes of Seed.

Land Requirements. There is no limitation as to the previous crop.

Field Standards.

Seed Standards.

Land Requirements.

Field Standards.

Seed Standards.

Small grains, soybean, and red clover:

Hybrid corn — $3 an acre;

Other crops — Certification fees for other crops not listed above shall be based upon the actual costs of performing any necessary inspection work;

Reinspection fee — $25 for each variety.

“Certified seed” means seed that is progeny of Breeder, Foundation, or Registered seed handled to maintain the standards of that class.

“Certified turf grass” means a class of turf grass produced and handled in such a manner as to meet the standards of that class.

“Cultivated turf grass” means turf grass which is reestablished from seed after each harvest.

“Department” means Maryland Department of Agriculture.

“Field” means the entire area within a natural or man-made border, such as a road, fence, waterway, hedgerow, etc., that clearly defines the boundary.

“Foundation stock” means vegetative stock that is the progeny of Breeder stock or Foundation stock and handled to maintain the standards of that class.

“Interagency certified seed mixture” means a mixture of kinds and varieties that have been mixed according to the regulations of the Maryland Department of Agriculture. Each mixture component shall be certified initially in its state of origin.

“Kind” means one or more related species or subspecies which singly or collectively is known by one common name.

“Official sample” means a sample taken by a representative of the Department.

“Participant” means the person applying to grow Maryland certified turf grass.

“Turf grass” means grass sold as vegetative sod, plugs, or sprigs.

“Variety” means a subdivision of a kind characterized by growth, color, pest resistance, or any other character by which it can be differentiated from any other plant of the same kind.

“Vegetatively propagated turf grass” means turf grass which normally is propagated from vegetative material and either does not produce seed or produces seed that is not viable.

To establish the eligibility of a field to be used for the initial production of certified turf grass, a participant shall submit a preplow inspection application to the Department at least 15 days in advance of preparation or tilling of the proposed field.

The Department may not approve the eligibility of a field unless all noxious weeds or persistent objectionable grasses are controlled.

For warm season turf grass, a field shall be free of another warm season variety or kind for a period of 3 years.

After the Department has approved a field’s eligibility to participate in the certification program, a participant shall submit to the Department:

The application and map shall be submitted to the Department by:

Late applications:

The Department shall consider the submission of an application as indicating the applicant’s intent to participate in the certification program.

A certification tag;

An analysis tag; and

A bill of lading or invoice.

Keep turf properly mowed;

Control weeds in such a manner as not to allow distribution and spread of either weeds or their seed, or both;

Control injurious insects or diseases;

Produce the best quality turf possible under existing climatic and environmental conditions; and

Maintain each field continuously in accordance with accepted turf grass management principles.

The participant shall machine cut turf sod at a uniform soil thickness of 1/2 inch, plus or minus 1/4 inch. In measuring for soil thickness the participant shall exclude top growth and thatch.

The participant shall cut an individual unit of sod to a standard width and length with a maximum allowable deviation of 5 percent.

A participant may not label turf sod as Certified:

The participant may not harvest turf sod when moisture content may adversely affect survival.

Sod shall be harvested and delivered within a period of 36 hours. Sod not delivered within this period shall be approved by the Department before installation.

Sod harvested shall be less than 48 months old, from date of planting.

Sod shall contain not more than 3/8 inch of thatch.

The participant may not harvest turf plugs when moisture content may adversely affect survival.

Turf plugs shall be harvested and delivered within a period of 36 hours, unless refrigerated. Plugs not delivered within this period shall be approved by the Department before their installation.

Turf plugs shall contain not more than 3/8 inch of thatch.

The participant may not harvest turf sprigs when moisture content may adversely affect survival.

Turf sprigs shall be harvested and delivered within a period of 12 hours, unless refrigerated. Sprigs not delivered within this period shall be approved by the Department before installation.

May 1 through October 31; and

November 1 through April 30.

Requirements for Seed.

Certified Turf Grass shall be free of all grassy and broadleaf weeds, be relatively free of injurious insects, diseases, and nematodes, and show good esthetic appearance.

Isolation.

Eligibility Requirements for Establishment Stock.

Certified turf grass shall:

Isolation.

The Department shall assess each applicant making application for fields seeded in the previous 6 months a one-time fee per acre per crop, in accordance with Regulation .03B(2)(a) and (b) of this chapter.

The Department shall assess each applicant making application for fields maintained in vegetatively propagated turfgrass a yearly fee per acre per crop.

Turf Grass Fees.

The minimum application fee is $50.

Late Fees. Applications and payments which are not received by the Department within 30 days past the due date shall be assessed a late fee of $100.

Overseeding Fees. Fields that have been overseeded within 6 months of the original seeding date as a result of natural disasters, such as drought, floods, or storms shall receive no additional charge provided:

“Applicant” means a person who has requested the Department to collect samples, conduct tests, and supervise the mixing of different kinds of seed in order to have the seed mixture either certified as a “Maryland Interagency Certified Seed Mixture” or labeled as a “Supervised Mixture”.

“Batch sheet” means a form used by the Department to collect data verifying the eligibility of each component to be used in a specific mixture.

“Certified seed” means a class of seed that is the progeny of breeder, foundation, or registered seed handled to maintain the standards of that class.

“Certified Seed Mixture” means different kinds or varieties of seed produced and labeled in accordance with the procedures of and in compliance with the regulations of an officially recognized seed certification agency.

“Component” means a specific lot of a single variety that is to be used in the mixture.

“Kind” means one or more related species or subspecies which singularly or collectively is known by one common name.

“Lot” means a definite quantity of seed identified by a lot number or other mark, each portion or bag of which is uniform within recognized tolerance for the factor appearing in the labeling.

“Maryland Interagency Certified Mixture” means different kinds or varieties of seed certified by the state of origin that have been:

“Officially recognized” means recognized and designated by the laws or 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.

“Official sample” means a sample taken by a representative of the Department.

“Supervised Mixture” means a seed mixture handled under the same procedures as a Maryland Interagency Certified Mixture except that one or more components is not Certified Seed.

“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.

Department's certification program set forth in this chapter; or

Regulations of an officially recognized seed certification agency.

Take an official sample of each component; and

Test each component for purity, noxious weed, and germination.

If more than 6 months have elapsed since a component was tested by the Department for germination, the applicant may not use that component in its intended seed mixture.

If the Department determines that time is critical, the Department may, instead of conducting a germination test on each component:

Determine from current seed stocks and laboratory reports the lots of seed to be used in the mixture;

Promptly notify the Department of the need for mixing.

Name of the mixture;

Lot number assigned to the mixture;

Quantity (pounds) of the total mixture;

Net weight of each container of the mixture;

Total number of containers of the mixture;

Percentage of each individual component as it will appear on the analysis tag;

Percentage of other crop seed, inert matter, and weed seed as they will appear on the analysis tag;

Lot number of each individual component;

Department's test report number for each component lot;

Name and address of the customer, unless the mixture is for stock;

Requested mixing date;

A statement indicating whether the applicant or the Department is to provide analysis tags; and

Copies of seed test reports verifying information submitted under Regulation .05D(2)(b) of this chapter.

Review the test reports pertaining to the component seed lots to determine if the lots meet the minimum specifications; and

Contact the applicant with the results of the review.

All mixing equipment (that is, mixer, hoppers, elevators, augers, etc.) is cleaned, free of all seed and foreign material, and opened for inspection by the Department;

The floor around the mixing area is cleaned and free of all seed and foreign material;

Sufficient quantities of new containers are marked with the lot number of the mixture;

Sufficient quantities of properly completed analysis tags have been prepared, unless they are being supplied by the Department;

Each component container to be used:

Certification and analysis tags are not removed from any component container before approval by the Department representative; and

Sufficient personnel are available to:

Inspect all mixing equipment, internally and externally, for cleanliness;

Inspect the mixing area for cleanliness;

Inspect the new containers to be used for the mixture to ensure the containers are appropriate;

Inspect the analysis tags for completeness and accuracy; and

Inspect and sample each component to ensure that the correct lots are present in the proper amounts and that all seed to be used in certified mixtures bears a certification tag.

Draw a sample of the completed mixture;

Determine if the mixer is to be cleaned before the next seed mixture is mixed.

Seed Mixtures Used in the Production of Maryland Certified Turfgrass.

Components for All Other Mixtures. Unless the component complies with the standards outlined in the following chart, the applicant may not use it in a mixture the applicant intends to represent as a Maryland Interagency Certified Seed Mixture:

Certification tags and labels per rate found in COMAR 15.08.03.19D;

Supervised mix tags or labels = 14 cents per tag or label plus $2 per lot.