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)