# COMAR Title 15 — Maryland Department of Agriculture

## Subtitle 08 — Turf and Seed

### Chapter 04 — Turf Grass Certification

**Authority:** Agriculture Article, §§9-102, 9-103(3), and 9-202, Annotated Code of Maryland

**Administrative History:** Effective date: March 7, 1988 (15:5 Md. R. 623)

**Administrative History:** Regulation .08B amended effective October 2, 2000 (27:19 Md. R. 1729)

**Administrative History:** Regulation .10A amended effective October 2, 2000 (27:19 Md. R. 1729)

**Administrative History:** Regulation .11B amended effective August 16, 1993 (20:16 Md. R. 1279)

**Administrative History:** Chapter revised effective April 29, 2002 (29:8 Md. R. 701)

**Administrative History:** Regulation .02B amended effective October 18, 2010 (37:21 Md. R. 1437)

**Administrative History:** Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1437)

**Administrative History:** Regulation .05E amended effective October 18, 2010 (37:21 Md. R. 1437)

**Administrative History:** Regulation .07A amended effective October 18, 2010 (37:21 Md. R. 1437)

**Administrative History:** Regulation .08 amended effective October 18, 2010 (37:21 Md. R. 1437)

**Administrative History:** Regulation .10A, B amended effective October 18, 2010 (37:21 Md. R. 1437)

**Administrative History:** Regulation .11 amended effective October 18, 2010 (37:21 Md. R. 1437)

**Administrative History:** Regulation .12A amended effective October 18, 2010 (37:21 Md. R. 1437)

#### Regulation .01 Purpose.

*COMAR 15.08.04.01*

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.

#### Regulation .02 Definitions.

*COMAR 15.08.04.02*

A. The following terms have the meanings indicated.

B. Terms Defined.

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

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

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

  (4) “Department” means Maryland Department of Agriculture.

  (5) “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.

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

  (7) “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.

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

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

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

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

  (12) “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.

  (13) “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.

#### Regulation .03 Applications to Participate in Program.

*COMAR 15.08.04.03*

A. Field Eligibility Application.

  (1) 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.

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

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

B. Program Participation.

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

    (a) An application, available from the Department, that has been completed; and

    (b) A map clearly establishing the location and identification of each field.

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

    (a) August 1 for seeded turf grass planted from January 1 to June 30 of the current year;

    (b) February 1 for seeded turf grass planted from July 1 to December 31 of the previous year;

    (c) August 1 of each year for vegetative turf grass planted from January 1 to June 30 of the current year; and

    (d) February 1 for established fields of vegetative turf grass.

  (3) Late applications:

    (a) May be accepted by the Department; and

    (b) May not be accepted later than November 1 if due August 1, or May 1 if due February 1.

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

#### Regulation .04 Source of Seed or Vegetative Stock.

*COMAR 15.08.04.04*

A. Only a field planted with an acceptable source of seed or vegetative stock, as described in these regulations, is eligible for certification.

B. 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:

  (1) A certification tag;

  (2) An analysis tag; and

  (3) A bill of lading or invoice.

C. The participant shall make available to the Department the evidence in §B on request.

D. 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.

#### Regulation .05 Management of Turf Grass.

*COMAR 15.08.04.05*

A. The participant shall:

  (1) Keep turf properly mowed;

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

  (3) Control injurious insects or diseases;

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

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

B. In a pure stand, the participant shall rogue other plant species before the Department makes its final pre-harvesting inspection.

C. 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.

D. 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.

E. 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.

#### Regulation .06 Production Field Inspection.

*COMAR 15.08.04.06*

A. 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.

B. 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.

C. A field harvested before the Department is notified may not be eligible for certification.

D. 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.

#### Regulation .07 Harvesting Certified Turf Grass.

*COMAR 15.08.04.07*

A. Turf Sod.

  (1) 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.

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

  (3) A participant may not label turf sod as Certified:

    (a) If it contains a broken unit or a unit with torn or uneven ends;

    (b) 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.

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

  (5) 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.

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

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

B. Turf Plugs.

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

  (2) 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.

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

C. Turf Sprigs.

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

  (2) 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.

#### Regulation .08 Issuance and Use of Certified Labels.

*COMAR 15.08.04.08*

A. Turf grass complying with these regulations may be issued a Certified label.

B. 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.

C. A participant may not claim turf grass as Certified unless accompanied by a Certified label.

D. Certified turf grass labels will be valid for the following dates:

  (1) May 1 through October 31; and

  (2) November 1 through April 30.

#### Regulation .09 Complying with State Turf Grass Law.

*COMAR 15.08.04.09*

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.

#### Regulation .10 Certification Regulations for Specific Types of Turf Grass.

*COMAR 15.08.04.10*

A. Cultivated Turf Grass.

  (1) Requirements for Seed.

    (a) The participant shall:

      (i) Use the seed of the Foundation, Registered, or Certified class, as determined by the state of origin and approved by the Department.

      (ii) Use the seed cultivars and composition that are acceptable to the Department.

      (iii) 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.

      (iv) Handle the seed so as to maintain satisfactory genetic identity and purity, as required by the Department.

    (b) Minimum seed standards for cultivated turf grass production are as follows:

    (c) 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.

    (d) Minimum standards for kinds of seeds not listed in §A(1)(b) of this regulation shall be determined by the Department.

  (2) 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.

  (3) Isolation.

    (a) 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.

    (b) Failure to provide minimum isolation shall result in field loss of not less than 5 feet past the last visible contamination.

B. Vegetatively Propagated Turf Grass.

  (1) Eligibility Requirements for Establishment Stock.

    (a) The participant shall:

      (i) 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;

      (ii) Use a single strain or variety acceptable to the Department;

      (iii) Handle the stock so as to maintain satisfactory genetic identity and purity, as required by the Department;

      (iv) Grow only one variety of a given species on a farm, unless written permission is obtained from the Department before planting;

      (v) Have all production of a specific variety on a farm inspected for certification.

    (b) Minimum stock standards for vegetatively propagated turf grass production are as follows:

    (c) For Foundation stock production (from Breeder stock), the participant shall use land that has been:

      (i) Free of any strain of vegetatively propagated grass for at least 3 years; and

      (ii) Treated with a fumigant acceptable to the Department.

    (d) Minimum standards for other kinds not listed in §B(1)(b) shall be designated by the Department.

    (e) If the participant elects to backfill an area where soil was removed in harvesting operations, the participant shall use sterilized soil.

    (f) 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.

  (2) Certified turf grass shall:

    (a) Be free of grassy and broadleaf weeds;

    (b) Be relatively free of injurious insects, disease, and nematodes; and

    (c) Show good esthetic appearance.

  (3) Isolation.

    (a) 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.

    (b) Failure to provide minimum isolation shall result in field loss of not less than 10 feet past the last visible contamination.

#### Regulation .11 Fees.

*COMAR 15.08.04.11*

A. 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.

B. Participation Application Fees.

  (1) 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.

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

  (3) Turf Grass Fees.

    (a) For seeded turf grass, the one-time application fee per acre per crop is $9.00 per acre.

    (b) 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.

  (4) The minimum application fee is $50.

  (5) 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.

  (6) 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:

    (a) The participant identifies which field was overseeded and notifies the Department in writing; and

    (b) The lot of seed used for the overseeding is identified and is comparable and compatible with that which was planted originally.

#### Regulation .12 Violations.

*COMAR 15.08.04.12*

The Secretary may:

A. Refuse to certify the turf grass of a participant who violates any provision of this chapter.

B. 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.