15.08.01.04

.04 Germination Standards and Tolerances.

A. Vegetable and Herb Seed.

(1) Minimum germination standards are listed in Regulation .12A of this chapter. 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 of this chapter.

(2) 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.

(3) Each lot in violation shall be subject to a stop-sale order and to seizure by the Department.

B. Flower Seed (including wildflowers and ornamental grasses).

(1) Minimum germination standards are listed in Regulation .12B of this chapter. 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 of this chapter. 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.

(2) 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), of this regulation.

C. Agricultural Seed and Lawn and Turf Seed. Minimum germination standards for certified and noncertified seed are listed in Regulation .12C of this chapter. 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.