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)