15.06.02.07

.07 Plant Standards.

A. Identification of Nursery Stock Produced in Maryland.

(1) Each piece of nursery stock offered for retail sale shall be accompanied by a label containing the following information, except as provided in §A(2), of this regulation:

(a) Plant Name. This name may be the scientific name or an approved common name, or both. The variety name may also be on the label, but may not be used in lieu of the scientific or approved common name.

(b) Height or caliper or grade or diameter if sold by this measure.

(c) Price of each plant.

(2) Nursery stock offered for retail sale shall be exempt from individualized labeling, provided it meets one of the following requirements:

(a) Nursery stock that is balled and burlapped, packaged, or in a container shall be grouped by identical size, variety, and cost into a bed or lot separated from similar beds or lots. Each bed or lot shall be marked with a permanent legible sign containing the information required by §A(1) of this regulation.

(b) Each block, bed, or row of nursery stock growing in the field shall be marked with a permanent legible sign containing the plant name.

(3) Each piece of nursery stock, or lot of identical pieces, sold or transported for wholesale, shall be accompanied by a bill of lading, delivery ticket, invoice, or label containing the information, except price, required by §A(1), of this regulation.

B. Identification of Nursery Stock Grown Outside the State.

(1) All nursery stock grown outside the State and shipped into the State shall meet the minimum standards for nursery stock grown in the State.

(2) If this nursery stock is to be sold at retail, it shall comply with §A(1), of this regulation, at time of retail sale.

(3) If this nursery stock is sold at wholesale, it shall comply with §A(3), of this regulation.

(4) If nursery stock is to be shipped from the State to any other state, it shall remain labeled conspicuously as to the name of the plant and the state of origin while maintained in the State. This nursery stock shipped from Maryland shall comply with §A(3), of this regulation.

C. Labeling and Advertising.

(1) Nursery stock may not be labeled or advertised with false or misleading information.

(2) A label shall be legible at the time of sale.

(3) A person may not offer for sale, sell, or distribute, any nursery stock represented to be "virus-free", "essentially virus-free", or any other similar notation, unless that stock is produced under a program accepted by the Department. All plants offered for sale as "virus-free," "essentially virus-free", or any other similar notation shall have state of origin and name of producer on the label.

D. Maintenance of Nursery Stock.

(1) Nursery stock offered for sale shall be kept in a healthy condition.

(2) Nursery stock which is dead or dying may not be sold or offered for sale.