In this chapter, the following terms have the meanings indicated. Terms Defined. “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. Any agricultural, vegetable, flower, tree, shrub, or lawn and turf seed which is sold, transported, offered for sale, or exposed for sale within the State of Maryland is subject to Regulations .03—.13 of this chapter. In this chapter, the following documents are incorporated by reference. Documents Incorporated. “Rules for Testing Seeds” (Association of Official Seed Analysts, 1998). Supplement 1—Revised 1998. Supplement 2—1999 and 2000. In administering the Maryland Seed Law, the inspection, sampling, and testing procedures used and the application of tolerances shall be those established by the “Rules for Testing Seeds” (Association of Official Seed Analysts, 1998), unless otherwise stated in these regulations. Vegetable and Herb Seed. 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. Flower Seed (including wildflowers and ornamental grasses). 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. Agricultural Seed and Lawn and Turf Seed. Minimum germination standards for certified and noncertified seed are listed in Regulation .12C. Each seed lot germinating at a rate below the minimum standard shall be subject to a stop-sale order and to seizure by the Department. Prohibited noxious weed seed are: 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. Restricted noxious weed seed in agricultural, vegetable, flower, tree, and shrub seed are: 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. Restricted Noxious Weed Seed in Lawn and Turf Seed and Mixtures. 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: Bent grass** (creeping, colonial, velvet)—Agrostis spp.; Bermuda grass, giant Bermuda grass—Cynodon dactylon; Annual bluegrass—Poa annua; Rough bluegrass**—Poa trivialis; Meadow fescue**—Festuca pratensis; Tall fescue**—Festuca arundinacea; Orchard grass—Dactylis glomerata; Redtop**—Agrostis gigantea; Timothy—Phleum pratense; Velvet grass—Holcus lanatus. 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: Pasture; Forage; Hay; Conservation; or Spoil bank reclamation usage. **May be included as a labeled component of a mixture when each is present in excess of 5 percent, by weight, of the mixture. Standards and Tolerances. 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. Labeling of Seed Lots. 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. Proper Labeling. 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. A kind or variety name may not be abbreviated or modified. Variety names shall be used in connection with the complete name of the kind, for example, Essex soybean. Descriptive words or phrases may not appear on the analysis label. Brand names may not be used as a substitute for the variety name or to represent a specific variety. A hybrid, as defined in the Maryland Seed Law, shall be labeled as a hybrid. The word “type” may not be used as a modifier with the name of a variety. Descriptive words, phrases, or brand names appearing anywhere on the container shall be clearly distinguishable from the kind and variety name. Labeling Flower Seed. 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. Seed of a single name variety shall be labeled to show the kind and variety name. Seed of a single type and color for which there is no specific variety name shall be labeled to show the kind name, the type of plant, or the type and color of bloom. Seed of an assortment or mixture of colors or varieties of a single kind shall be labeled to show the kind name, the type of plant, or the type and color of bloom. In addition, it shall be indicated that the seed is mixed or assorted, for example, Marigold, Dwarf Double French, Mixed Colors. An assortment or mixture of kinds or varieties, or both, shall be labeled as a mixture and be listed by name, in the order of predominance, giving the percentage by weight of each component of the mixture. Components of less than 5 percent of the mixture shall be listed and a single percentage by weight shall be given for these components. Containers of three grams or less need only list the components without giving percentage by weight and need not be in order of predominance. 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. Labeling Lawn and Turf Seeds and Mixtures. 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. Labeling Tree and Shrub Seed. Tree and shrub seed shall be labeled to show: 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. Labeling Seed for Sprouting. Seed sold for sprouting for salad or culinary purposes shall be labeled to show: 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. Labeling Preplanted Containers, Mats, Tapes, Coated Seed, and Other Devices. 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. Labeling Combination Mulch, Seed, and Fertilizer Products. 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: Product name; Lot number; Percentage by weight of pure seed of each kind and variety named which may be less than 5 percent of the whole; Percentage by weight of other crop seeds; Percentage by weight of inert matter which may not be less than 70 percent; Percentage by weight of weed seeds; Name and number of noxious weed seeds per pound, if present; Percentage of germination, and hard seed if appropriate, of each kind or kind and variety named and date of test; Name and address of tagger. Each container of seed treated with a pesticide shall be labeled in a conspicuous location within close association of the required analysis information with at least the following: 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. Seed treated with a pesticide shall be labeled with the same signal word as that required on the pesticide container. The label on seed treated with a pesticide labeled with a “danger” signal word shall contain in type not less than 8-point the word “DANGER” or, if required, the word “POISON” and the skull and crossbones symbol. The container or attached tag shall bear in a conspicuous manner and place the appropriate signal word and, if required, the symbol in a red color on a background of a contrasting color. The label on seed treated with a pesticide labeled with a “Caution” or “Warning” signal word shall contain in a conspicuous place the signal word, either “CAUTION” or “WARNING”, stated on the pesticide container label. When more than one pesticide is used to treat seed, the labeling required for the seed container shall be for the pesticide with the higher level of toxicity. 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. Other treatment materials or processes, not included in §A of this regulation, shall be labeled to reflect the purpose of the treatment or process. The name of the applied material or process, and the date of treatment, shall be stated on the label. Each seed lot treated with an inoculant shall be labeled to show the presence of the inoculant, and the expiration date beyond which the inoculant is no longer claimed to be effective shall be stated. Each seed lot bearing a label claiming improvements and advantages due to, or as a result of, a treatment may be tested to determine the effectiveness of the treatment. If the evidence does not substantiate the label claim, the seed lot shall be considered mislabeled. Each wholesale seedsman shall obtain a permit each year from the Department. Each business or branch of a business that is labeling seed shall be considered an individual wholesale seedsman and will be required to obtain a wholesale seedsman permit. Each wholesale seedsman or conditioner of seed shall keep records on each lot of seed and shall make the records available for inspection by the Department. Required records shall be maintained for a period of 2 years after the seed lot has been sold or disposed of. The records shall include: 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. Each jobber, central warehouse for chain store operations, or other handler obtaining seed lots for further distribution to retailers, shall maintain complete records on each seed lot for 2 years after each seed lot is distributed and disposed of. The records shall include: 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. A written stop-sale order may be issued on any seed lot found to be in violation of the Maryland Seed Law or the regulations in this chapter. Seed under a written stop-sale order may not be moved from the stop-sale point until released by the Department. Seed lots released for transportation shall remain under stop-sale upon arrival at the warehouse or conditioning plant until appropriate laboratory tests can be completed enabling appropriate relabeling, supervised destruction, or until conditioning can be accomplished. Stop-Sale Label. A small prepacked container of vegetable seed, lawn and turf seed, flower seed, or tree and shrub seed in violation may be labeled with pressure-sensitive gum labels instead of a written stop-sale order. Each container with a stop-sale label shall be removed from the sales floor and disposed of by the owner, store operator, or, subject to approval of the Department, returned to the wholesale supplier. Hearing. The owner or custodian of a seed lot receiving a stop-sale order may request a hearing with the Department, provided the request is forwarded to the Department within 10 days of the date the stop-sale order was placed on the seed lot. The other provisions of this section remain in effect during the hearing process. Seed groups tested include the following: Group I—Small grains and legumes: Austrian winter pea, Buckwheat, Corn, Cowpea, Crownvetch, Field Pea, Flat Pea, Hairy Vetch, Lespedeza, Millet, Panicgrass, Rape, Reed Canary grass, Small grain (wheat, barley, rye, and oat), Small seeded legume (clover, alfalfa, and trefoil), Sorghum, Sudangrass, Sunflower, Switchgrass, Timothy, Tobacco, Vegetables; Group II—Soybeans; Group III—Grasses other than those in Group I: Bermudagrass, Bentgrass, Bluegrasses, Brome, Fescues, Lovegrass, Orchardgrass, Redtop, Rescue grass, Ryegrasses, Zoysia; 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). Fees for Seed Testing. Additional Fees for Testing. 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: Tetrazolium test for quick indication of viability, which includes a priority fee—$50; Cold tests—soybeans, lima beans, garden beans, corn, and others—$15; Accelerated aging test—$15; Laboratory treatment with fungicide—$10; Seed count (conditioned samples only)—$10; Endophyte testing (tall fescue and perennial ryegrass) $25 seed test, $35 seedling test; Round-up tolerance test—$20; and Priority testing, which is available as the workload allows, but shall be started not later than the next business day—$25. All seed samples treated with any fungicide or other material may not be tested unless the name of the substance is plainly marked on the container. Vegetable. Flower. Agricultural and Lawn and Turf Seeds. For purposes of this regulation, the term “order of the Secretary” means an order that the Secretary has issued pursuant to the Maryland Seed Law, including a “stop sale” order. If the Secretary determines that a person has violated an order of the Secretary, the Secretary may impose a civil penalty for each seed lot in violation of the order, 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. In assessing a civil penalty imposed under §B of this regulation, the Secretary shall consider: 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. A person may appeal under Agriculture Article, §2-405, Annotated Code of Maryland, the Secretary's decision to impose a civil penalty. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall pay the amount of the penalty promptly to the Department. Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland Effective date: July 1, 1966 Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939) Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635) Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27) Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526) Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27) Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635) Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635) Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635) Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661) Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450) Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635) Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661) Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661) Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873) Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526) Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661) Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27) Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873) “Department” means Maryland Department of Agriculture. “Secretary” means Secretary of Agriculture or the Secretary’s designee. Label Required; Contents. 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: 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. Each container of plugs or sprigs sold or offered for sale shall bear a label containing the information required in §A of this regulation except that the date of labeling shall be optional. A bill of lading, delivery ticket, or invoice containing the specified information may be considered a label. However, sod lots offered or exposed for sale at retail sites (stores, garden centers, trucks, etc.,) for purchases directly by consumers shall be accompanied by a label in full view of the purchaser. Individual pieces sold at retail from a lot otherwise meeting the labeling requirements need not be further identified. All required labeling information shall be presented in a single labeling block. References to kinds and varieties shall be complete and correct, that is, Pennlawn red fescue, Meyer zoysia, Nassau Kentucky bluegrass. Names such as bonanza fescue and fine fescue are not permitted. Sod consisting of more than one kind or variety, or both, when present in excess of 10 percent of the total plant population shall be labeled as a mixture. Percentages of kinds or varieties, or both, shall be based on plant populations. Mixtures may be labeled as to kind without reflecting variety. Any kind or variety listed on the label or claimed in a mixture shall be present to the extent of 10 percent exclusive of any tolerance. If the label reflects one kind or variety in a mixture, then all other kinds and varieties in the mixture shall also appear on the label. The dealer may, at his option, claim percentage composition of the lot with respect to kinds and varieties. Inaccurate labels may result in a stop sale order or in prosecution under the law, or both. Sod shall be sold either by the square foot or square yard except that under appropriate circumstances when sod is sold by contract to be installed, truckload lots proceeding directly to one or more installation sites may be labeled partial shipment in lieu of a more precise net measure. The following species are designated as fine textured turf grasses: 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. The following species are designated coarse textured turf grasses: 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. All plants, other than those listed above, shall be considered weeds. Any single weed species present to the extent of 10 percent of the total plant population shall be declared on the label by name and percentage under the heading “weeds”. When the total weed population exceeds 10 percent but no one species is present to the extent of 10 percent or more, an entry of “weeds” followed by the percentage will be shown. Prohibited Noxious Weeds. Johnson grass (Sorghum halepense) and poison ivy or poison oak (Rhus spp.) are declared to be prohibited noxious weeds and sod containing these species will not be permitted for sale. Restricted Noxious Weeds. The following plants are declared to be restricted noxious weeds: 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. The following kinds, when present and not listed as a component, shall be considered restricted noxious weeds and so labeled: Tall fescue—festuca arundinacea. Bent grass—agrostis spp. Sod containing restricted noxious weeds shall bear the following statement: Contains the following restricted noxious weeds: ________, _____________, ______________, ____________, ___________. Any lot containing restricted noxious weeds, either individually or collectively exceeding 20 percent of the total plant population by plant count, shall be prohibited from sale. When coarse kinds are present in a mixture in excess of 10 percent, the mixture shall be labeled coarse textured. Inspection shall be limited to 10 percent of each lot or 10 severed units whether rolled, folded, or flat, whichever is the lesser number, provided a minimum of two units are sampled. A representative sample shall be considered a portion 3 inches long by the width of a rolled, folded, or flat section. Plugs. Inspection shall be limited to 10 percent of each lot or 10 plugs, whichever is the lesser number, provided a minimum of two plugs are sampled. Sprigs. A representative sample shall be considered a one quart measure from lots sold in bulk taken randomly from the container or bulk. If sprigs are sold in small containers, one unopened container may constitute a sample. Each portion of the official sample will be examined and plant counts made to determine the average plant population of the sample. A tolerance of 5 percent of the total plant population will be applied to all declarations of weeds. When declarations of percentages of kinds or varieties, or both, of turf grasses are made, a tolerance of 10 percent of the total plant population will be applied. All net measure, count, or size shall be consistent with the requirements of the Weights and Measures Law and Regulations. Advertising may not contain words or phrases implying results or quality conditions not common to the kinds or varieties offered for sale. Brand names, designs, or pictorial representations that indicate a condition, result, or quality not common to the kinds or varieties declared on the label will not be permitted. References to kinds and varieties shall be complete and correct, that is, Pennlawn red fescue, Meyer zoysia, Nassau Kentucky bluegrass. Names such as bonanza fescue and fine fescue are not permitted. Records, adequate to substantiate all labeling and advertising claims, shall be maintained for a period of 6 months after lifting. These records might include kind and variety of seed sown, location of field, date of seeding, date of lifting, and amount delivered. In instances where the dealer is not the grower or producer, a signed growers declaration giving the required information shall be obtained and retained by the dealer for a period of 6 months. Agriculture Article, §§2-103, 9-102, and 9-103, Annotated Code of Maryland Effective date: March, 1970 Regulation .02E amended effective May 6, 1996 (23:9 Md. R. 671) Regulation .03 amended effective May 6, 1996 (23:9 Md. R. 671) Regulation .04C amended effective May 6, 1996 (23:9 Md. R. 671) Regulation .08 amended effective May 6, 1996 (23:9 Md. R. 671) Regulation .09C amended effective May 6, 1996 (23:9 Md. R. 671) Appendix A repealed effective May 6, 1996 (23:9 Md. R. 671) The purpose of seed certification is to provide a system for maintaining, from the time seed is released by the breeder until it is available to the producer, the genetic purity of seed varieties resulting from natural selection or plant breeding. Maryland shall certify seed for varietal and mechanical purity and germination. The following certification regulations apply to all crops eligible for certification, and include specific regulations for certain crops. The following terms have the meanings indicated. Terms Defined. “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. A variety that is approved by any of the following organizations is eligible for certification: 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. Before a variety is eligible for certification by the agency, the breeder, owner, or other person shall provide the following information: 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. A variety may be multiplied only as specified by the originating breeder or owner of the variety, but may not exceed two generations beyond the Foundation seed class, with the following exceptions: Recertification of Certified seed may be permitted at the discretion of the certifying agency for varieties when Foundation seed does not exist. In an emergency, a person may produce, if approved by the certifying agency before planting, an additional generation of Certified seed. An emergency exists when Foundation and Registered seed supplies are not available or are not adequate to plant the needed Certified acreage of a variety. Permission to recertify the Certified class shall be requested in sufficient time to allow the certifying agency to obtain permission from the originating or sponsoring plant breeder, institution, firm, or owner of the variety. Any additional generation of Certified seed beyond that permitted by this regulation to meet an emergency need is ineligible for recertification. Only a field planted with Breeder, Foundation, Registered, or Certified seed is eligible for certification. A certified tag and an analysis tag from each lot planted, and an invoice showing the amount of seed purchased, shall be submitted with the field inspection application. Each field shall be identified by variety and lot number of the seed source used to plant it. If the seed source is from the applicant's own production, the seed shall meet all requirements of this chapter for certification. On approval of the certifying agency, a seed lot rejected for non-genetic reasons may be used by the applicant for production of Certified seed, provided all remaining certification requirements are met. Each applicant shall provide the certifying agency with a completed application form. This form is available from the agency. A separate application shall be submitted for each variety and crop. Incomplete applications shall be rejected. The applicant shall define clearly the area or units of certification. It may be divided, subject to the requirements of this chapter, for each crop. Each field bounded by a fence or a road is considered a separate unit for identification purposes. Due dates include the following: Inspection applications shall be received by the certifying agency not later than the following dates (see Regulation .14 of this chapter): For barley, oat, rye and wheat—April 15; For corn—June 1; For red clover—July 15; and For soybeans—September 1; 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. The applicant shall indicate by diagram the location of the field or fields to be inspected. A road, farm lane, building, or other crop near a seed field shall be shown on the diagram. Each field shall be identified by a farm name or field number and shall correspond with the information provided on the inspection application. An applicant shall sign the application for inspection and certify the following: 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. The certifying agency shall make at least one inspection of each field at a time when genetic purity can best be determined. The field shall be in a condition that permits an inspection to determine genetic purity (see certification requirements for each crop as provided by this chapter). If a representative of the certifying agency has not inspected the field within 72 hours of anticipated harvest, the grower shall notify the certifying agency by telephone and request inspection. The certifying agency shall notify the applicant within 72 hours of the date a small grain field for certification is to be inspected. The applicant shall then advise the agency whether or not any pesticide has been or will be applied to the field within 48 hours of the date the field is to be inspected. The applicant shall declare the name of the pesticide that has been or will be applied. An inspection may not be conducted until notification has been received from the applicant. A crop may not be harvested until the applicant has a copy of the field inspection report to verify that the field has been inspected. A field harvested before inspection by the certifying agency is not eligible for certification. Before inspection, the applicant should rogue each field for off-types, other crops, and weeds that otherwise would cause a field to be rejected for certification. Each field shall meet the land requirements for the crop being certified (see certification requirements for each crop as provided by this chapter). A field that fails to meet certification standards for varietal purity, other crops, or certain weeds may be rogued and the applicant may request a reinspection. A field shall be reinspected after it is rogued of weeds or other crops, but before the field is harvested. The agency shall charge the applicant a reinspection fee. Planting, harvesting, storing, and conditioning equipment, including custom equipment, used in the production of Certified seed shall be cleaned thoroughly to prevent contamination. Equipment used in the production of Certified seed classes may be inspected by the certifying agency. If Registered and Certified seed of the same variety are stored together, the seed lot shall be tagged as Certified only. A person providing conditioning for any class of Certified seed shall comply with the following requirements: 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. Bagging. 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. Bin Sample. Seed for certification that has not been conditioned may be submitted by the applicant. Unconditioned samples shall be hand-screened before being submitted for a laboratory analysis. Official Sample. The certifying agency shall collect for laboratory analysis a sample from each lot eligible for certification, as follows: 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. Instead of the procedure specified under §B of this regulation, the applicant may submit a sample of the lot obtained by an automatic sampling device which has been approved by the agency. Bulk Seed That is Bagged. At the discretion of the certifying agency, bulk Certified seed that is bagged at a later date may be sampled by the agency for a laboratory analysis before the issuance of certification tags. Resampling. 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. Sampling Carryover Seed. Seed carried over from one planting season to the next shall be retested for germination rate and shall be labeled with the current germination rate and date of the test. The owner is responsible for requesting the certifying agency to resample any carryover Maryland Certified seed. The following colors of Certified seed tags or labels are used by the agency to identify classes of Certified seed: Breeder—white; Foundation—white; Registered—purple; and Certified—blue. Seed advertised for sale or sold as a class of Maryland Certified seed shall have an official Maryland Certified seed tag securely affixed to each bag, before shipment, identifying the kind and variety, lot number, and grower number. For bulk Certified seed, see Regulation .13 of this chapter. An applicant may not ship a seed lot as certified to a person unless the applicant has an agency seed analysis report approving the seed lot for certification, and certified tags or labels are affixed to each container. Seed shipped without a certification tag affixed to each container is not certified and is not eligible for certification. An applicant may not mail certification tags to a buyer or to any other person. The following tagging methods are available: 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. The applicant shall submit to the agency a request for certification tags or labels on a form provided by the agency. The applicant may request the agency to issue certification tags or labels before the seed is conditioned. The applicant shall affix these tags or labels at the time the seed is conditioned and bagged. The applicant may not remove seed labeled in this manner from the applicant's premises until the agency has tested and released the seed. The seed shall meet or exceed the labeled claims for which no tolerance is allowed. The applicant shall: Label seed sold in mini-bulk and similar containers in a manner acceptable to the agency; Affix the labels in: A conspicuous location; and Such a manner that the labels cannot be accidentally removed during transportation. The certifying agency may, at its discretion, certify seed which fails to meet certification standards for reasons other than genetic purity. The certification tag or label shall identify the seed as “substandard seed” and shall indicate the reason for which the seed lot failed to meet certification standards. The agency shall only certify varieties protected under Title V of the Federal Seed Act as “substandard seed”. The agency may approve small grain seed as “substandard seed for germination” if the percent germination is within 5 percentage points of the minimum certified germination for that kind. The agency may not certify soybean seed as “substandard seed for germination”. At the time of inspection by the agency, each field containing a crop for which certification is requested may not contain seed-borne diseases in excess of the established tolerances, as provided in this chapter. Field and seed certification requirements of this chapter that apply to bagged seed shall apply also to bulk seed. Under the certification program, only the Certified seed class may be sold as bulk. Recertification of bulk seed is not permitted. Small grains or soybeans are eligible for bulk certification. Storage of bulk Certified seed is limited to bins or containers that: Have openings at the top for loading purposes; and Can be securely sealed by the agency so that additional seed may not be added. Bulk sale certificates are issued to each applicant handling bulk seed. A bulk sale certificate shall accompany each load of Certified seed sold in bulk. Seed sold without a bulk sale certificate loses its identity as Certified seed. A copy of each bulk sale certificate shall be forwarded to the certifying agency by December 31 of each year for small grains and by July 31 of each year for soybeans. A bulk sale may be made only by the applicant to the consumer. Further bulk certification transfer is not permitted. It is the seller's responsibility to: 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. Bulk seed eligible for certification shall be clearly identified by the applicant at all times. The following apply: 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: Variety and kind; Lot number or bin number; Grower number or origin; and Approximate number of bushels of seed eligible for certification. 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. A bulk seed lot that has been approved by the agency for certification at the field inspection level may be transferred by the owner in bulk only to an agency-approved conditioner for conditioning and for final agency certification. A seed owner shall provide the conditioner with a copy of the agency field inspection report for each seed lot. Unless the agency gives prior approval, only one transfer is allowed for unconditioned bulk seed approved by the agency at the field inspection level. Foundation seed production shall meet the following criteria, in addition to those requirements established for each crop (see specific crop regulations provided by this chapter): Breeder seed: 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. At the agency's discretion, and if approved before planting, Foundation seed may be eligible for Foundation seed production. For a grower to be eligible to produce Foundation seed, the grower shall be approved by the certifying agency before seed is planted. A grower shall have the following qualifications: 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. Applications for Foundation seed production of small grains shall be received by April 1. The agency shall make several inspections of the crop during the growing season. Applications for Foundation seed production of soybeans shall be received by July 15. The agency shall make several inspections of the crop during the growing season and at maturity. For soybeans, at least one inspection during the growing season shall be made for flower color. Before conditioning Foundation seed, the conditioning facility shall be inspected and be approved by the certifying agency (see Regulation .08C of this chapter). The requirements of this chapter apply when the certifying agency participates with an out-of-State agency in the seed certification process. The certifying agency may reject any seed lot for out-of-State interagency certification that fails the standards as described in this chapter, including standards relating to: 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. Seed eligible for interagency certification shall be received by any person in containers carrying official certification labels, or carrying other evidence of its eligibility from an official out-of-State seed certifying agency, with the following information: 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. Tags issued by the certifying agency for interagency certification shall be serially numbered, or carry the certification identity number, and shall display clearly the certifying agencies involved, and the variety, kind, and class of seed. The applicant for certification shall maintain seed lot records and comply with all other requirements of federal and Maryland seed laws. When shipping seed interstate, it is the applicant's (shipper's) responsibility to know the receiving or destination state's seed laws. Information concerning federal or out-of-State seed laws is available from the certifying agency. The Secretary may refuse to certify the seed of an applicant who violates any provision of this chapter. Soybean Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to the certification of soybean seed: 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: Planted with a class of Certified seed of the same variety; or Soybeans of a contrasting pubescence and hilum color. Isolation. If a field of soybeans is to be certified, it shall be separated on all sides by at least 5 feet from any other soybean variety. When it is necessary to remove a strip of the crop to obtain plant isolation, the part removed shall be cut from the field that is to be inspected by the agency for certification. Field Inspection. A field inspection will be made by the certifying agency when plant leaves have dropped and the crop is approaching maturity. Also, a field inspection may be made at blossom time. A field harvested before inspection is not eligible for certification. The agency may reject a field containing a crop that is lodged or if the field has excessive weeds so that it is difficult for the inspection to determine the genetic purity of the crop. 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. Small Grain Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to the certification of small grain seed: 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. If a field of barley or oat is to be certified, it shall be separated on all sides by at least 10 feet from other small grain crops or varieties. If a field of rye is to be certified, it shall be isolated by at least 660 feet from a rye field of any other variety, or a field of the same variety that does not meet certification regulations in this chapter. If a field of wheat is to be certified, the field shall be separated by the applicant on all sides by at least 10 feet from other small grain crops or varieties, except when the other small grain crop is rye, in which case the field of wheat shall be separated on all sides by at least 660 feet. If it is necessary to remove a strip of the crop to obtain proper isolation, the part removed shall be cut from the field to be inspected for certification. Field Inspection. A field inspection shall be made by the certifying agency when the crop is fully headed and approaching maturity. A field harvested before inspection is not eligible for certification. The agency may reject a field that contains a crop that is lodged or has excessive weeds that makes it difficult to determine the genetic purity of the crop. 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. Corn Seed Certification—Hybrids, Foundation Single-Crosses and Inbred Lines. In addition to the other requirements of this chapter, the following requirements apply to corn seed certification: Definitions. “Foundation single-cross” means a single-cross used in the production of a double-cross or a three-way cross. A Foundation single-cross, to be eligible for certification, shall be produced using inbred lines from sources such that their identity may be assured and approved by the certifying agency. “Hybrid corn” means seed of corn planted for any use except seed production. It may be any one of the following types: “Single-cross” means the first generation hybrid between two inbred lines; “Double-cross” means the first generation hybrid between two single-crosses; “Three-way cross” means the first generation hybrid between a single-cross and an inbred line. “Inbred line” means a relatively true-breeding strain resulting from at least five successive generations of controlled self-fertilization or of back-crossing to a recurrent parent with selection, or its equivalent, for specific characteristics. To be eligible for certification, the inbred line shall be from a source such that its identity may be assured and approved by the certifying agency. Classes of Seed. Only the Certified class is recognized in hybrid corn. Hybrid corn shall be produced from seed that has been grown under conditions that ensure its purity and trueness to type and shall be approved by the certifying agency. Proof of the restoring ability of the line shall be supplied by the originator. A Foundation single-cross shall consist of the first generation hybrid between two inbred lines to be used in the production of the double or three-way cross. A Foundation single-cross shall be made from Foundation inbreds approved by the certifying agency. Land Requirements. There is no limitation as to the previous crop. Field Standards. Field Inspection. At least one inspection shall be made by the certifying agency during the pollination period. Isolation—Foundation Single-Crosses and Inbred Lines. An increase field of an inbred line that is male sterile or fertile, or a production field of a specific Foundation single-cross involving either male sterile or fertile lines, shall be isolated by at least 600 feet from any other kind of corn, except isolation is not required for the production of hand-pollinated seed. Adequate natural barriers and differential maturity dates are permitted for modifying isolation distance for both inbreds and single crosses, provided there are not silks in the seed field at the time pollen is being shed in the contaminating field. Isolation—Hybrid Corn. A specific hybrid to be accepted for certification shall be located so that the seed parent is at least 660 feet from other corn of a different color or texture. However, the distance may be modified by the planting of pollen parent border rows, the number of which is to be determined by the acreage of the specific cross in accordance with the following table: Adequate natural barriers are permitted for modifying isolation distances, as approved by the certifying agency. Differential maturity dates are permitted for modifying isolation distances, provided there are not receptive silks in the ear parent at the same time pollen is being shed in the contaminating field. When the acreage of a crossing field of a specific hybrid is: Specific Standards—Male Sterile Ear Parent. A male sterile ear parent may be used to produce Certified hybrid corn seed by either of the following two methods: Seed of the normal fertile ear parent shall be mixed with the seed of the male sterile ear parent of the same pedigree either by blending in the field at harvest or by size at processing time. The ratio of male sterile ear parent seed to normal ear parent seed may not exceed 2:1. The pollen parent shall involve a certified pollen-restoring line or lines so that not less than 1/3 of the plants grown from hybrid corn seed produce pollen which appears to be normal in quantity and viability. Specific Standards—Detasseling or Pollen Control. The following requirements apply when 5 percent or more of the seed parent plants have receptive silks: A hybrid shall be disqualified for certification if more than 1 percent of the seed parent stalks have shed pollen at the time of any one inspection or if the total for three inspections on different dates exceeds 2 percent. Sucker tassels, portions of tassels, or tassels on main plants shall be counted when 2 inches or more of the central stem, side branches, or a combination of the two, have the anthers extended from the glumes and are shedding pollen. Other varieties and off-type plants in Foundation single-cross and inbred lines shall meet the following requirements: A field that contains, at any one inspection, more than 0.1 percent of off-type or more than 2 percent of doubtful type plants that have shed, or are shedding, pollen when 5 percent or more of the plants in the field have receptive silks may not be certified by the agency. A plant shedding pollen in male sterile rows shall be destroyed at pollination time to eliminate the possibility of seed production. Seed Standards. Bin Inspection. For Foundation single-crosses and inbred lines the tolerance for other varieties or off-types is 0.1 percent or a total of 25 off-colored or different textured kernels per 1,000 ears. Foundation and Hybrid Corn Seed Standards. Table: Seed shall be graded to ensure uniform planting and treated with a recommended fungicide. Red Clover Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to red clover seed certification: Land Requirements. For Foundation seed production, the land used shall have been free of red clover for the past 5 years. For Certified seed production, the land used shall have been free of red clover for at least 3 years, except that this time may be shortened by 1 year if two cultivated crops or clean fallow intervened. There is no Registered class of seed. Manure or contaminating material may not be applied 1 year preceding or during the establishment and production period of the crop. Grazing of livestock that permits the distribution of contaminating seed is not allowed. Field Standards. The agency shall make at least one field inspection at blooming time each year that certification is requested. Isolation Distance. As provided in the following table, each field for Foundation or Certified seed shall have a minimum isolation distance from a field of any other variety or from a field of the same variety that does not meet the varietal purity requirements for certification: Isolation between classes of the same variety shall be 25 percent of the distances in §D(2)(b)(i), above. Each field of red clover may produce only two seed crops in any given generation. Specific Standards. Seed Standards. Agency fees for field inspection and tagging of bagged and bulk seed are as follows: Field Inspection. Small grains, soybean, and red clover: $1.75 an acre; $25 minimum charge for each variety produced; 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. Late fee — $20 for each variety plus travel costs, if any. For any application received after the due date for that crop, a grower shall pay a late fee. Bulk certification fee — 14 cents for each unit of seed certified in bulk delivery, including minibulk and similar containers. A unit of barley shall weigh 48 pounds, a unit of wheat shall weigh 50 pounds, and a unit of soybeans shall weigh 60 pounds. The agency shall provide one tag or label for each container. Tag and label fees — For seed packaged in bags of 2 bushels or less, $2 per lot per printing plus 14 cents for each certified tag or 14 cents for each certified label issued to the applicant. The certifying agency shall deliver certification tags and labels by the most efficient means as determined by the agency. Any charges for delivery of tags and labels shall be paid by the applicant. Agriculture Article, §9-202, Annotated Code of Maryland Effective date: June 30, 1986 (13:13 Md. R. 1494) Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117) Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117) Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117) Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117) Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117) Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117) Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977) Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117) Chapter revised effective September 25, 1995 (22:19 Md. R. 1473) Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926) Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926) Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926) Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926) Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926) Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526) Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926) Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526) Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21) Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526) Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926) The purpose of turf grass certification is to provide a system by which participants may supply high quality turf grass consisting of kinds and varieties that are well adapted to Maryland growing conditions. The Department shall certify turf grass for varietal and mechanical purity. The following certification regulations apply to all turf grass eligible for certification. There are also specific regulations for cultivated turf grass and vegetatively propagated turf grass. The following terms have the meanings indicated. Terms Defined. “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. Field Eligibility Application. 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. Program Participation. After the Department has approved a field’s eligibility to participate in the certification program, a participant shall submit to the Department: An application, available from the Department, that has been completed; and A map clearly establishing the location and identification of each field. The application and map shall be submitted to the Department by: August 1 for seeded turf grass planted from January 1 to June 30 of the current year; February 1 for seeded turf grass planted from July 1 to December 31 of the previous year; August 1 of each year for vegetative turf grass planted from January 1 to June 30 of the current year; and February 1 for established fields of vegetative turf grass. Late applications: May be accepted by the Department; and May not be accepted later than November 1 if due August 1, or May 1 if due February 1. The Department shall consider the submission of an application as indicating the applicant’s intent to participate in the certification program. Only a field planted with an acceptable source of seed or vegetative stock, as described in these regulations, is eligible for certification. The participant shall maintain for 2 years after harvest of the turf grass, evidence establishing the source of seed or vegetative stock, including such evidence as: A certification tag; An analysis tag; and A bill of lading or invoice. The participant shall make available to the Department the evidence in §B on request. The participant shall maintain a record that shows the variety and lot number of the seed source or vegetative stock used to plant each field. The participant shall: 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. In a pure stand, the participant shall rogue other plant species before the Department makes its final pre-harvesting inspection. In mixtures, the participant shall rogue or spray with an effective herbicide all weeds and other objectionable plants before the Department makes its final pre-harvesting inspection. The participant shall treat a field with a history of annual grassy weeds with an effective pre-emergent herbicide at the proper time of year. The Department may not certify turf grass unless it is uniform in density, color, and texture, and free of excessive amounts of thatch, insects, diseases, nematodes, and any other abnormal condition. The Department shall make periodic inspections to detect the presence of other crop plants, weeds, insects, diseases, and to determine the approximate percentage of each turf grass species in the mixture. At least 5 days in advance, the participant shall notify the Department of the participant's intention to harvest turf grass from a new field. A field harvested before the Department is notified may not be eligible for certification. A production field that has been rejected for certification may be subjected to a field eligibility inspection before its use for the production of certified turf grass. Turf Sod. 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: If it contains a broken unit or a unit with torn or uneven ends; Unless each standard size unit of sod is strong enough to support its own weight and retain its size and shape when suspended vertically from a firm hand grasp on the upper 10 percent of the unit. 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. Turf Plugs. 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. Turf Sprigs. 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. Turf grass complying with these regulations may be issued a Certified label. The participant shall attach the Certified label to the invoice or delivery ticket accompanying each load or shipment. A participant may not provide a label after the turf grass has been delivered. A participant may not claim turf grass as Certified unless accompanied by a Certified label. Certified turf grass labels will be valid for the following dates: May 1 through October 31; and November 1 through April 30. The participant shall maintain records and shall label in accordance with the Maryland Turf Grass Law, Agriculture Article, Title 9, Subtitle 1, Annotated Code of Maryland, and this chapter. Cultivated Turf Grass. Requirements for Seed. The participant shall: Use the seed of the Foundation, Registered, or Certified class, as determined by the state of origin and approved by the Department. Use the seed cultivars and composition that are acceptable to the Department. Use seed of a Maryland Interagency Certified Mixture. The participant may plant individual components, if each individual component has been sampled, tested, and approved by the Department before being planted. Handle the seed so as to maintain satisfactory genetic identity and purity, as required by the Department. Minimum seed standards for cultivated turf grass production are as follows: In an emergency, and at the discretion of the Department, seed lots failing to meet the standards in §A of this regulation for other than genetic purity may be used for certified production only when the Department determines in writing that there exists a serious shortage of seed. Minimum standards for kinds of seeds not listed in §A(1)(b) of this regulation shall be determined by the Department. 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. The participant shall use a minimum of 10 feet between each field of a different kind or variety, or between fields of certified and noncertified sod, unless a natural barrier, such as a fence or ditch, is present. Failure to provide minimum isolation shall result in field loss of not less than 5 feet past the last visible contamination. Vegetatively Propagated Turf Grass. Eligibility Requirements for Establishment Stock. The participant shall: Use Breeder or Foundation stock, inspected and approved by the state of origin, to meet the minimum varietal and mechanical purities of the specific class; Use a single strain or variety acceptable to the Department; Handle the stock so as to maintain satisfactory genetic identity and purity, as required by the Department; Grow only one variety of a given species on a farm, unless written permission is obtained from the Department before planting; Have all production of a specific variety on a farm inspected for certification. Minimum stock standards for vegetatively propagated turf grass production are as follows: For Foundation stock production (from Breeder stock), the participant shall use land that has been: Free of any strain of vegetatively propagated grass for at least 3 years; and Treated with a fumigant acceptable to the Department. Minimum standards for other kinds not listed in §B(1)(b) shall be designated by the Department. If the participant elects to backfill an area where soil was removed in harvesting operations, the participant shall use sterilized soil. For a field to maintain certification it must remain in the turf grass certification program continuously in accordance with Regulation .03A(3) of this chapter. Certified turf grass shall: Be free of grassy and broadleaf weeds; Be relatively free of injurious insects, disease, and nematodes; and Show good esthetic appearance. Isolation. The participant shall use a minimum of 40 feet between each field of a different kind or variety, unless a natural barrier, such as a fence or ditch, is present. If this barrier exists, the participant may reduce the minimum distance to 20 feet. Failure to provide minimum isolation shall result in field loss of not less than 10 feet past the last visible contamination. Field Eligibility Inspection. An applicant having new land inspected for eligibility shall be assessed by the Department at a rate of $1.50/acre, with a $50 minimum fee per inspection. Participation Application Fees. 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. For seeded turf grass, the one-time application fee per acre per crop is $9.00 per acre. For vegetative turf grass, the once-per-year application fee per acre per crop for all acreage planted or maintained is $6.00 per acre. 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: The participant identifies which field was overseeded and notifies the Department in writing; and The lot of seed used for the overseeding is identified and is comparable and compatible with that which was planted originally. The Secretary may: Refuse to certify the turf grass of a participant who violates any provision of this chapter. Revoke or suspend from the certification program a participant who violates any provision of this chapter. However, before a suspension or revocation from the certification program may occur, the Secretary shall give the participant written notice of the violation and an opportunity to be heard pursuant to COMAR 15.01.01. Agriculture Article, §§9-102, 9-103(3), and 9-202, Annotated Code of Maryland Effective date: March 7, 1988 (15:5 Md. R. 623) Regulation .08B amended effective October 2, 2000 (27:19 Md. R. 1729) Regulation .10A amended effective October 2, 2000 (27:19 Md. R. 1729) Regulation .11B amended effective August 16, 1993 (20:16 Md. R. 1279) Chapter revised effective April 29, 2002 (29:8 Md. R. 701) Regulation .02B amended effective October 18, 2010 (37:21 Md. R. 1437) Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1437) Regulation .05E amended effective October 18, 2010 (37:21 Md. R. 1437) Regulation .07A amended effective October 18, 2010 (37:21 Md. R. 1437) Regulation .08 amended effective October 18, 2010 (37:21 Md. R. 1437) Regulation .10A, B amended effective October 18, 2010 (37:21 Md. R. 1437) Regulation .11 amended effective October 18, 2010 (37:21 Md. R. 1437) Regulation .12A amended effective October 18, 2010 (37:21 Md. R. 1437) The purpose of certified seed mixing is to provide a system for maintaining the genetic and mechanical purity of certified seed when combined in mixtures of kinds and varieties. Maryland will apply both varietal and mechanical standards to certified seed mixtures. The following regulations apply to all Maryland Interagency Certified Mixtures and include specific requirements for components. These regulations also apply to the interagency certification of single varieties of those kinds listed in Regulation .09A(2), of this chapter, when necessary to continue certification. In these regulations, the following terms have the meaning indicated. Terms Defined. “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: Mixed under the Department's supervision; and Found by the Department to have met the specific minimum seed standards set forth in this chapter. “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. A person may not sell, offer or expose for sale, or transport a mixture of different kinds of seed represented to be a certified seed mixture unless the seed mixture is produced and labeled in accordance with the procedures of and in compliance with the: Department's certification program set forth in this chapter; or Regulations of an officially recognized seed certification agency. A person may not sell, offer or expose for sale, or transport a mixture of different kinds of seed represented to be a Supervised Mixture unless the seed mixture, except as otherwise provided in this chapter, is produced and labeled in accordance with the procedures of and in compliance with the Department's certification program. To participate in the Department's program, a person shall: Request the Department to collect any necessary samples, conduct any necessary tests, and supervise the mixing of the different kinds of seeds that the applicant intends to mix; Use mixing equipment (that is, mixer, hoppers, elevators, augers, etc.) whose areas that come into physical contact with the seed are accessible for cleaning by the applicant and for inspection by the Department; Request the Department to inspect the mixing equipment and associated seed handling equipment to verify that it is suitable for certified seed mixing, with this inspection repeated after any equipment modifications; and Comply with Regulations .05—.10 of this chapter. Before Mixing. When mixing seeds, the applicant shall use only lots the Department has approved. Except as provided by §D of this regulation, the Department, before approving the lot for mixing purposes, shall: Take an official sample of each component; and Test each component for purity, noxious weed, and germination. After Mixing. After the different components have been mixed under the Department's supervision, the applicant shall permit the Department to take an official sample of each mixture. The Department shall retain the official sample for 3 years during which time the applicant or the customer may request that the sample be tested for purity, noxious weed, and germination. The party requesting the test shall be billed for the cost of the test in accordance with the current schedule provided in COMAR 15.08.01.11. Fee for Purity, Noxious Weed, and Germination Examinations. The applicant shall pay the Department a fee for conducting these tests, which fee shall be in accordance with the current schedule provided in COMAR 15.08.01.11. Exception and Special Time Frame That Exist for Germination Test. 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: Perform a tetrazolium test; Accept from another recognized state laboratory: A tetrazolium test; or A germination test, if not more than 6 months have elapsed since the test was conducted. An applicant requesting the Department to supervise the mixing of seeds shall: 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. In making this request, the applicant shall provide the Department with the following information: 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. After reviewing the applicant's request, the Department shall: 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. If all components meet the specifications, the Department and the applicant shall establish a mutually acceptable date and time to have a Department representative present at the mixing location to supervise the applicant's mixing process. Before the scheduled mixing time, the applicant shall ensure that: 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: Is assembled in an area in close proximity to the mixing area; Has not been opened, torn, or water marked; Has a certification tag attached if it is to be used in any mixture requiring certified seed; Certification and analysis tags are not removed from any component container before approval by the Department representative; and Sufficient personnel are available to: Open the component containers; Load the components into the mixing equipment; Withdraw the completed mixture from the mixing equipment; and Fill, seal, tag, and store the mixture containers. Before mixing, the Department representative shall: 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. When appropriate, the Department representative shall permit the applicant to load the components into the mixer. The applicant may not open the containers or place anything into the mixing equipment until the inspection under §B of this regulation has been completed. The Department representative may visually examine any container of seed before it is emptied into the mixing equipment. After the appropriate amount of mixing time, the Department representative shall permit the bagging of the mixture. The Department representative shall have the sole responsibility to: Draw a sample of the completed mixture; Determine if the mixer is to be cleaned before the next seed mixture is mixed. The applicant shall attach the Maryland certification tag or the Maryland supervised mixing tag, or both, to each seed mixture container. The applicant shall sew the tag onto each container with the closing stitch when the container is sewn. At the time of mixing, the applicant shall attach to each container the appropriate analysis tag. In the case of stock items, the applicant may present two sample analysis labels to the Department representative. The applicant shall ensure that each container, before it is shipped, bears an accurate analysis tag, in accordance with the Maryland Seed Law and regulations. Analysis information for supervised mixtures may be printed on the reverse side of the supervised mixture tag. The following minimum seed standards apply to component seed lots to be used in Maryland Interagency Certified Seed Mixtures: Seed Mixtures Used in the Production of Maryland Certified Turfgrass. Unless the component meets the standards outlined in COMAR 15.08.04.10A(1)(b), the applicant may not use the component in mixtures intended for the production of Maryland certified turfgrass. The Department shall place the statement “This mixture is eligible for Maryland Certified Sod Production” on the mixture's certification tag if the mixture also meets the seed cultivar and composition requirements as provided in COMAR 15.08.04.10A(1)(a)(ii). If the mixture is intended for Maryland certified sod production, the applicant shall inform the Department of this so that the Department may apply the proper standards. 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: The Maryland State Highway Administration shall prescribe the minimum seed standards that apply to component seed lots to be used in supervised seed mixtures. The Department, in an emergency, and after it has determined in writing that a serious shortage of seed exists, may allow the applicant to use seed lots that have failed for other than genetic reasons to meet the standards indicated in this regulation as interagency certified mixtures. Except as provided in §B of this regulation, the applicant shall only use components that are certified seed. Each applicant shall be prepared to begin seed mixing, as described in Regulation .07 of this chapter, at the agreed upon time and date. The Department may grant a 1-hour extension beyond the agreed upon time for the mixing to begin. If, at the end of 1 hour, the applicant is not satisfactorily prepared to start the mixing procedure, the Department may cancel the mixing. The applicant may contact the Department to reschedule the mixing. The Department shall charge the applicant $25 for each canceled mixing session. For State mixing, the Department shall assess an applicant at the rate of 5 cents per pound of mixture, with a $25 minimum per mixture. For out-of-State mixing, the Department shall assess an applicant at the rate of 6 cents per pound for the mixing, with a $25 minimum per mixture, plus 50 cents per mile from Annapolis to the mixing site. The applicant shall be responsible for the cost of any overnight lodging. For rebagging, relabeling, or retagging, the Department shall assess the applicant at the rate of 2 cents per pound, with a $20 minimum, and with any additional travel expense as described in §B of this regulation. For tags or labels used, the applicant shall be assessed at the following rate: 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. The Department may assess the applicant at a rate of $12.50 per 1/2 hour, or any part of it, that the applicant does not mix seed after the agreed upon time. The Secretary may revoke or suspend a participant from the program or refuse to certify the seed, or both of these, of any seed company who violates any provision of this chapter. Agriculture Article, §9-202, Annotated Code of Maryland Effective date: September 4, 1989 (16:17 Md. R. 1886) Regulation .04 amended effective October 7, 1996 (23:20 Md. R. 1425) Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1425) Regulation .08B amended effective October 7, 1996 (23:20 Md. R. 1425) Regulation .11 amended effective August 30, 1993 (20:17 Md. R. 1351); October 7, 1996 (23:20 Md. R. 1425); February 12, 2007 (34:3 Md. R. 301) Regulation .11D amended effective January 21, 2013 (40:1 Md. R. 21)