15.08.02.02

.02 Labeling.

A. Label Required; Contents. Every lot of severed turf grass sod, plugs, and sprigs, as defined under this subtitle, which is sold, exposed for sale, installed, transported, or advertised within the State for planting purposes by a dealer shall be accompanied by or have attached to the bill of lading, bill of sale, sales slip, or invoice a label containing the following information plainly written or printed in the English language:

(1) The recognized common names;

(2) The variety of each component;

(3) The texture, origin, and net measure;

(4) The presence of restricted noxious weeds;

(5) The name and address of the dealer who labeled the lot;

(6) If the kind or mixture is not known, this fact shall be stated;

(7) Date of labeling.

B. Each container of plugs or sprigs sold or offered for sale shall bear a label containing the information required in §A of this regulation except that the date of labeling shall be optional.

C. A bill of lading, delivery ticket, or invoice containing the specified information may be considered a label. However, sod lots offered or exposed for sale at retail sites (stores, garden centers, trucks, etc.,) for purchases directly by consumers shall be accompanied by a label in full view of the purchaser. Individual pieces sold at retail from a lot otherwise meeting the labeling requirements need not be further identified.

D. All required labeling information shall be presented in a single labeling block.

E. References to kinds and varieties shall be complete and correct, that is, Pennlawn red fescue, Meyer zoysia, Nassau Kentucky bluegrass. Names such as bonanza fescue and fine fescue are not permitted.

F. Sod consisting of more than one kind or variety, or both, when present in excess of 10 percent of the total plant population shall be labeled as a mixture. Percentages of kinds or varieties, or both, shall be based on plant populations. Mixtures may be labeled as to kind without reflecting variety.

G. Any kind or variety listed on the label or claimed in a mixture shall be present to the extent of 10 percent exclusive of any tolerance.

H. If the label reflects one kind or variety in a mixture, then all other kinds and varieties in the mixture shall also appear on the label.

I. The dealer may, at his option, claim percentage composition of the lot with respect to kinds and varieties.

J. Inaccurate labels may result in a stop sale order or in prosecution under the law, or both.

K. Sod shall be sold either by the square foot or square yard except that under appropriate circumstances when sod is sold by contract to be installed, truckload lots proceeding directly to one or more installation sites may be labeled partial shipment in lieu of a more precise net measure.