.05 Noxious Weed Seed.

A. Prohibited noxious weed seed are:

(1) Balloon vine—Cardiospermum halicacabum;

(2) Canada thistle—Cirsium arvense L.;

(3) Plumeless thistle, which includes musk thistle and curly thistle—Carduus spp.;

(4) Quack grass—Elytrigia repens;

(5) Serrated tussock—Nassella trichotoma;

(6) Sicklepod—Senna obtusifolia;

(7) Sorghum species, which include Johnson grass (Sorghum halepense L.) and hybrids that contain Johnson grass as a parent, and any other kind of grass that produces seed which cannot be distinguished readily from Johnson grass seed.

B. Restricted noxious weed seed in agricultural, vegetable, flower, tree, and shrub seed are:

(1) Bindweed—Convolvulus arvensis;

(2) Bermuda grass (common and giant)—Cynodon dactylon;

(3) Cocklebur—Xanthium strumarium;

(4) Corn cockle—Agrostemma githago;

(5) Dodder—Cuscuta spp.;

(6) Giant foxtail—Setaria faberi;

(7) Horse nettle—Solanum carolinense;

(8) Spurred anoda—Anoda cristata;

(9) Wild garlic—Allium vineale;

(10) Wild onion—Allium canadense.

C. Restricted Noxious Weed Seed in Lawn and Turf Seed and Mixtures.

(1) Except as provided in §C(4), of this regulation, seed of the following plants shall be restricted noxious weed seed and shall be listed on the tag or label under the heading "Noxious Weed Seed" or "Undesirable Grass Seed" by name and number per pound or ounce when present in bentgrass, Kentucky bluegrass, Chewings fescue, hard fescue, red fescue, varieties of named turf-type tall fescue, varieties of perennial ryegrass, or a mixture containing any of these grasses:

(a) Bent grass** (creeping, colonial, velvet)—Agrostis spp.;

(b) Bermuda grass, giant Bermuda grass—Cynodon dactylon;

(c) Annual bluegrass—Poa annua;

(d) Rough bluegrass**—Poa trivialis;

(e) Meadow fescue**—Festuca pratensis;

(f) Tall fescue**—Festuca arundinacea;

(g) Orchard grass—Dactylis glomerata;

(h) Redtop**—Agrostis gigantea;

(i) Timothy—Phleum pratense;

(j) Velvet grass—Holcus lanatus.

**May be included as a labeled component of a mixture when each is present in excess of 5 percent, by weight, of the mixture.

(2) Restricted noxious weed seed set forth in §C(1) of this regulation, may not exceed 0.5 percent by weight.

(3) If included on the tag or label, seed designated as noxious weed seed in other states shall be listed under the heading "Noxious Weed Seed" or "Undesirable Grass Seed".

(4) The restricted noxious weed seed set forth in §C(1) of this regulation, may not apply to grasses or mixtures clearly labeled for:

(a) Pasture;

(b) Forage;

(c) Hay;

(d) Conservation; or

(e) Spoil bank reclamation usage.

D. Standards and Tolerances.

(1) A tolerance may not be allowed for prohibited noxious weed seed found in agricultural, vegetable, flower, tree, shrub, or lawn and turf seed. A seed lot containing prohibited noxious weed seed shall be in violation of the Maryland Seed Law and shall be subject to stop-sale and seizure by the Department.

(2) Except as provided in §C, of this regulation, restricted noxious weed seed present in a seed lot shall be listed on the label under the heading "Noxious Weed Seed" and the name and number of seed per unit shall be declared. A unit is defined in the Maryland Seed Law for seeds of different sizes. A tolerance may not be allowed for a seed lot containing restricted noxious weed seed, singly or collectively, at the rate of 17 or more per unit of seed, and the seed lot shall be considered in violation of the Maryland Seed Law and shall be subject to stop-sale and seizure by the Department. The terms "Free" and "None" shall mean that no noxious weed seed was found in a test complying with methods established by the Association of Official Seed Analysts.