15.08.05.05

.05 Sampling and Testing.

A. Before Mixing. When mixing seeds, the applicant shall use only lots the Department has approved. Except as provided by §D of this regulation, the Department, before approving the lot for mixing purposes, shall:

(1) Take an official sample of each component; and

(2) Test each component for purity, noxious weed, and germination.

B. After Mixing. After the different components have been mixed under the Department's supervision, the applicant shall permit the Department to take an official sample of each mixture. The Department shall retain the official sample for 3 years during which time the applicant or the customer may request that the sample be tested for purity, noxious weed, and germination. The party requesting the test shall be billed for the cost of the test in accordance with the current schedule provided in COMAR 15.08.01.11.

C. Fee for Purity, Noxious Weed, and Germination Examinations. The applicant shall pay the Department a fee for conducting these tests, which fee shall be in accordance with the current schedule provided in COMAR 15.08.01.11.

D. Exception and Special Time Frame That Exist for Germination Test.

(1) If more than 6 months have elapsed since a component was tested by the Department for germination, the applicant may not use that component in its intended seed mixture.

(2) If the Department determines that time is critical, the Department may, instead of conducting a germination test on each component:

(a) Perform a tetrazolium test;

(b) Accept from another recognized state laboratory:

(i) A tetrazolium test; or

(ii) A germination test, if not more than 6 months have elapsed since the test was conducted.