Chapter 01. Maryland Seed Law

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

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

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

“Department” means Maryland Department of Agriculture.

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

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

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

Supplement 1—Revised 1998.

Supplement 2—1999 and 2000.

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

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

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

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

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

Balloon vine—Cardiospermum halicacabum;

Canada thistle—Cirsium arvense L.;

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

Quack grass—Elytrigia repens;

Serrated tussock--Nassella trichotoma;

Sicklepod—Senna obtusifolia;

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

Bindweed—Convolvulus arvensis;

Bermuda grass (common and giant)—Cynodon dactylon;

Cocklebur—Xanthium strumarium;

Corn cockle—Agrostemma githago;

Dodder—Cuscuta spp.;

Giant foxtail—Setaria faberi;

Horse nettle—Solanum carolinense;

Spurred anoda—Anoda cristata;

Wild garlic—Allium vineale;

Wild onion—Allium canadense.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Nomenclature.

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

Seed of Plants Grown Primarily for Their Blooms.

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

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

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

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

Required headings may not be abbreviated.

Kind and variety names may not be abbreviated or altered.

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

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

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

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

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

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

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

Lot number or other means of identification;

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

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

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

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

Commonly accepted name of kind or kinds;

Lot number;

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

Percent germination of each pure seed component; and

The calendar month and year the germination test was completed.

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

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

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

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

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

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

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

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

Seed Treated with Pesticide.

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

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

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

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

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

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

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

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

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

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

Source of each seed lot;

Quantity of each seed lot received;

Number of shipments and date of each shipment received;

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

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

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

Name and address of each store receiving;

Date shipped to each store;

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

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

Group I—Small grains and legumes:

Group II—Soybeans;

Group III—Grasses other than those in Group I:

Group IV—Tree and shrub seed;

Group V— Flowers and herbs;

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

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

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

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

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

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

Miscellaneous fees, which are as follows:

For the first violation, not more than $100;

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

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

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

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

The number of packages contained in each lot; and

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