.06 Labeling.

A. Labeling of Seed Lots.

(1) Each bag or bulk lot shall be labeled when supplied to a retailer or to a consumer.

(2) Conditioned seed in storage shall bear a lot number or other identifying designation on each lot and shall be accessible for official sampling by the Department.

(3) A seed lot held for conditioning or storage, but not for sale, shall bear the owner's name and address or lot number. The operator of the warehouse or conditioning plant shall maintain records showing the kind, or kind and variety, quantity, owner or consignor, and consignee of each lot of seed.

(4) Seed offered for sale when the vendor orally, in writing, or in advertising represents or implies that the seed is suitable for planting shall be deemed to be offered for sale for planting purposes and shall bear labels as required in this chapter. A seed lot offered for sale at an auction, sales barn, farm sale, or similar sale shall meet all seed labeling requirements of the Maryland Seed Law.

B. Proper Labeling.

(1) Required labeling information shall be legibly printed or hand lettered within a single conspicuous location on the container or tag. Origin of the seed, the net weight, and information regarding treated seed may be included within the required labeling information.

(2) An official certification tag or label shall be affixed to each container of seed represented to be certified seed.

(3) A state permit or tax number may not appear on any tag or container.

(4) The labeling may not contain a statement or representation that is false, fraudulent, or misleading.

(5) Nomenclature.

(a) A kind or variety name may not be abbreviated or modified. Variety names shall be used in connection with the complete name of the kind, for example, Essex soybean. Descriptive words or phrases may not appear on the analysis label. Brand names may not be used as a substitute for the variety name or to represent a specific variety.

(b) A hybrid, as defined in the Maryland Seed Law, shall be labeled as a hybrid.

(c) The word "type" may not be used as a modifier with the name of a variety.

(d) Descriptive words, phrases, or brand names appearing anywhere on the container shall be clearly distinguishable from the kind and variety name.

C. Labeling Flower Seed.

(1) Flower seed shall be labeled to show the name of kind and variety, or scientific name when commonly accepted.

(2) Seed of Plants Grown Primarily for Their Blooms.

(a) Seed of a single name variety shall be labeled to show the kind and variety name.

(b) Seed of a single type and color for which there is no specific variety name shall be labeled to show the kind name, the type of plant, or the type and color of bloom.

(c) Seed of an assortment or mixture of colors or varieties of a single kind shall be labeled to show the kind name, the type of plant, or the type and color of bloom. In addition, it shall be indicated that the seed is mixed or assorted, for example, Marigold, Dwarf Double French, Mixed Colors.

(d) An assortment or mixture of kinds or varieties, or both, shall be labeled as a mixture and be listed by name, in the order of predominance, giving the percentage by weight of each component of the mixture. Components of less than 5 percent of the mixture shall be listed and a single percentage by weight shall be given for these components. Containers of three grams or less need only list the components without giving percentage by weight and need not be in order of predominance.

(3) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale in the State shall appear on the container.

D. Labeling Lawn and Turf Seeds and Mixtures.

(1) The label format shall be columnar with appropriate headings including "Pure Seed", "Germination", "Other Crop Seed", "Inert Matter", "Weed Seed", "Test Date", "Noxious Weed Seed" or "Undesirable Grass Seed", and "Lot Number".

(2) For mixtures, the word "mixture" or "mixed" shall be stated in the product name on required labeling and in the product name whenever stated on the container.

(3) The name and complete mailing address of the responsible labeler shall be stated on the label.

(4) Required headings may not be abbreviated.

(5) Kind and variety names may not be abbreviated or altered.

(6) The label shall be free of all non-required claims or statements, except seed origin.

(7) A single test date, including the month and year, may be declared, provided it is that of the oldest tested component.

(8) The commonly accepted name of the kind, or kind and variety, of each lawn or turf seed component consisting of 0.5 percent or more of the whole, and the percentage, by weight, of pure seed of each in order of predominance and in columnar form shall be listed under the headings "Pure Seed" and "Germination".

(9) "Other Crop Seed" shall include the percentage, by weight, of all agricultural seed, except those required to be declared as a component of the mixture.

(10) The percentage by weight of inert matter in lawn and turf seed and mixtures of them may not exceed 10 percent, except that 15 percent inert matter shall be permitted in Kentucky bluegrass labeled without a variety name. Foreign matter, other than material used for coating or pelletizing to enhance the planting value, not common to grass seed, may not be added.

(11) Total weed seed, including lawn and turf restricted noxious weed seed, may not exceed 1 percent by weight.

E. Labeling Tree and Shrub Seed. Tree and shrub seed shall be labeled to show:

(1) Kind and variety, or scientific name, when commonly accepted;

(2) Lot number or other means of identification;

(3) The specific locality (state and county in the United States or nearest equivalent political unit in case of foreign countries) in which seed was collected;

(4) For forest tree seed, the elevation to the nearest 500 feet above sea level at which the seed was collected;

(5) The calendar year in which the seed was collected or the percentage of germination and the calendar year and month in which the seed was tested; and

(6) The name and address of the person who labeled the seed or who sells, or offers, or exposes the seed for sale within the State.

F. Labeling Seed for Sprouting. Seed sold for sprouting for salad or culinary purposes shall be labeled to show:

(1) Commonly accepted name of kind or kinds;

(2) Lot number;

(3) Percentage by weight of each pure seed component in excess of 5 percent of the whole, other crop seed, inert matter, or weed seed;

(4) Percent germination of each pure seed component; and

(5) The calendar month and year the germination test was completed.

G. Labeling Preplanted Containers, Mats, Tapes, Coated Seed, and Other Devices.

(1) Seed that is coated or pelleted shall be labeled to reflect the percentage of pure seed, not including coating material. The coating or pelletizing material shall be declared as inert matter, percentage by weight, except that the percentage of pure seed and inert matter does not need to be shown on flower or vegetable seed containers of less than 1 pound when the net quantity is labeled on a seed count basis.

(2) Seed sold, offered, or exposed for sale, in containers in which the seed is preplanted in a germination medium, mat, tape, or similar device or is coated or pelleted, is subject to the provisions of the Maryland Seed Law.

(3) When the seed is placed in the germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing it, the label shall bear a statement to indicate the number of seeds in the container, except for agricultural seed for which the number of seeds per square inch shall be indicated.

H. Labeling Combination Mulch, Seed, and Fertilizer Products.

(1) The word "combination" followed by the words "mulch—seed—fertilizer (if appropriate)" shall appear on the upper 30 percent of the principal display panel. The word "combination" shall be the largest and most conspicuous type on the container, equal to or larger than the product name. The words "mulch—seed—fertilizer" may not be smaller than 1/2 the size of the word "combination" and shall be in close proximity to the word "combination". These products shall contain a minimum of 70 percent mulch.

(2) "Mulch" as used in this regulation means a protective covering of a suitable substance placed with seed which acts to retain sufficient moisture to support seed germination and sustain early seedling growth and aid in the prevention of evaporation of soil moisture, the control of weeds, and the prevention of erosion.

(3) Analysis Label. Agricultural, lawn, and turf seeds placed in a germination medium, mat, tape, or other device or mixed with mulch shall be labeled as follows:

(a) Product name;

(b) Lot number;

(c) Percentage by weight of pure seed of each kind and variety named which may be less than 5 percent of the whole;

(d) Percentage by weight of other crop seeds;

(e) Percentage by weight of inert matter which may not be less than 70 percent;

(f) Percentage by weight of weed seeds;

(g) Name and number of noxious weed seeds per pound, if present;

(h) Percentage of germination, and hard seed if appropriate, of each kind or kind and variety named and date of test;

(i) Name and address of tagger.