.10 Seed Labeling.

A. The following colors of Certified seed tags or labels are used by the agency to identify classes of Certified seed:

(1) Breeder—white;

(2) Foundation—white;

(3) Registered—purple; and

(4) Certified—blue.

B. Seed advertised for sale or sold as a class of Maryland Certified seed shall have an official Maryland Certified seed tag securely affixed to each bag, before shipment, identifying the kind and variety, lot number, and grower number. For bulk Certified seed, see Regulation .13 of this chapter.

C. An applicant may not ship a seed lot as certified to a person unless the applicant has an agency seed analysis report approving the seed lot for certification, and certified tags or labels are affixed to each container.

D. Seed shipped without a certification tag affixed to each container is not certified and is not eligible for certification.

E. An applicant may not mail certification tags to a buyer or to any other person.

F. The following tagging methods are available:

(1) One Tag. This tag carries the complete analysis of the seed lot and also serves as the certification tag.

(2) Two Tags. A certification tag shall show the kind and variety, lot number, and grower number. An analysis tag showing purity analysis and germination rate, as required by the Maryland Seed Law, Agriculture Article, §9-207, Annotated Code of Maryland, shall accompany the certification tag. The analysis information may be printed on a tag furnished by the applicant or by the certifying agency.

G. The applicant shall submit to the agency a request for certification tags or labels on a form provided by the agency.

H. The applicant may request the agency to issue certification tags or labels before the seed is conditioned. The applicant shall affix these tags or labels at the time the seed is conditioned and bagged. The applicant may not remove seed labeled in this manner from the applicant's premises until the agency has tested and released the seed. The seed shall meet or exceed the labeled claims for which no tolerance is allowed.

I. The applicant shall:

(1) Label seed sold in mini-bulk and similar containers in a manner acceptable to the agency;

(2) Affix the labels in:

(a) A conspicuous location; and

(b) Such a manner that the labels cannot be accidentally removed during transportation.