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§ 9-101. Definitions

West's Annotated Code of MarylandAgricultureEffective: April 11, 2017

West's Annotated Code of Maryland
Agriculture
Title 9. Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds
Subtitle 1. Maryland Turf Grass Law
Effective: April 11, 2017
MD Code, Agriculture, § 9-101
§ 9-101. Definitions
In general
(a) In this subtitle the following words have the meanings indicated.
Advertisement
(b) “Advertisement” means any representation relating to sod within the scope of this subtitle and disseminated in any manner or by any means.
Brand
(c) “Brand” means the name, term, design, or trademark under which any person offers sod for sale.
Certified; Approved; Inspected; Registered; Foundation; Breeder
(d) The terms “certified”, “approved”, “inspected”, “registered”, “foundation”, and “breeder”, when referring to sod, mean that the sod has been produced or collected, inspected, and labeled in accordance with the procedures and the rules and regulations of an officially recognized certification agency.
Dealer
(e) “Dealer” means any person who sells, offers or exposes for sale, or transports sod for planting purposes within the State, other than a grower making a casual or isolated sale of unsevered sod.
Kind
(f) “Kind” means one or more related species or subspecies which singly or collectively is known by one common name.
Labeling
(g) “Labeling” includes every label and other written, printed, or graphic representation, in any form, accompanying or pertaining to any sod and includes every representation or invoice, bill of lading, delivery ticket, or other receipt.
Lot
(h) “Lot” means a definite quantity of sod, identified by a lot number or other identification. For the purpose of enforcing this subtitle, each truckload or portion of it may be considered a lot and shall be accompanied by a complete label and a bill of lading, delivery ticket, or invoice.
Mixture
(i) “Mixture” means sod consisting of more than one kind or variety, when claimed or present, in excess of a certain percent of the whole as designated by rules and regulations adopted under this subtitle.
Noxious weeds
(j) “Noxious weeds” are weeds which, when established, are objectionable and difficult to control by practices commonly used.
Officially recognized
(k) “Officially recognized” means recognized and designated by the laws or rules and regulations of any state, the United States, or any province of Canada, or the government of any foreign country whose certification standards are recognized by the Secretary.
Origin
(l) “Origin” means any state, county, or any foreign country, or designated portion of it, where the sod is grown.
Prohibited noxious weed
(m) “Prohibited noxious weed” means a noxious weed prohibited in sod.
Records
(n) “Records” includes all information relating to the lot, shipment or shipments involved and includes a copy of the label pertaining to the lot.
Restricted noxious weed
(o) “Restricted noxious weed” means a noxious weed restricted to certain maximum contents in sod.
Sale
(p) “Sale” means the transfer of ownership of sod.
Sod
(q) “Sod” means turf sod, turf plugs, or turf sprigs of a single kind or variety or a mixture of kinds and varieties.
Tolerance
(r) “Tolerance” means the allowable deviation from any figure used on a label as established by the Secretary by rule or regulation.
Turf
(s) “Turf” includes a live population of one or more kinds of grasses, legumes, or other plant species used for lawns, recreational use, soil erosion control, or other similar purposes.
Turf plug
(t) “Turf plug” means a small section cut from live turf of those kinds of turf normally vegetatively propagated, such as zoysia grass, which when severed contains sufficient plant material to remain intact.
Turf sod
(u) “Turf sod” means a strip or section of live turf which, when severed, contains sufficient plant material to remain intact.
Turf sprig
(v) “Turf sprig” means a live plant, stolon, crown, or section cut from a perennial plant used as turf, such as bermuda grass.
Variety
(w) “Variety” means a subdivision of a kind characterized by growth, plant, fruit, seed, or any other character by which it can be differentiated from any other plant of the same kind.
Weed
(x) “Weed” includes any plant or plant part including any seed recognized by the Secretary as a weed within the State and includes any noxious weed.

Credits

Added by Acts 1973, 1st. Sp. Sess., c. 6, § 1. Amended by Acts 2017, c. 62, § 1, eff. April 11, 2017.
Formerly Art. 66C, § 64A.
MD Code, Agriculture, § 9-101, MD AGRIC § 9-101
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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