“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)