Section 6-215 – Official Analysis Prima Facie Evidence of Composition
In any prosecution under this subtitle relating to the composition of a lot of commercial fertilizer or soil conditioner, a certified copy of the official analysis signed by the Secretary or the State Chemist is prima facie evidence of the composition.
Section 6-216 – Report of Violations for Criminal Prosecution; Minor Violations
(a) The State’s Attorney to whom any violation is reported shall institute appropriate judicial proceedings without delay. Before the Secretary reports a violation for prosecution, the person against whom the proceeding is contemplated shall be given reasonable notice of the alleged violation and an opportunity to present his view, orally or in writing, with regard to […]
Section 6-217 – Injunctions
The Secretary may petition the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this subtitle or any rule or regulation adopted under it, notwithstanding the existence of any other remedy at law. The injunction shall be issued without bond.
Section 6-218 – Refusal or Cancellation of Registration
The Secretary may refuse to register or cancel the registration of any brand of commercial fertilizer or soil conditioner upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in evasions or attempted evasions of the provisions of this subtitle or any rules and regulations adopted under it. However, no registration may be […]
Section 6-219 – Deficiencies or Excesses in Plant Nutrients
(a) To determine the commercial value to be applied in subsection (b) of this section, the Secretary shall determine and publish annually the values per pound of nitrogen, available phosphate, soluble potash and other plant nutrients in commercial fertilizers in the State as determined by the Secretary. (b) If an official analysis of a lot shows that […]
Section 6-220 – Short Title
This subtitle may be cited as the “Maryland Commercial Fertilizer Law”.
Section 6-221 – Regulations Regarding Product Standards
(a) The Secretary shall adopt regulations in consultation with the State Department of the Environment to establish product standards for compost intended for commercial use and distribution. (b) The regulations adopted under subsection (a) of this section shall include: (1) Certification requirements for operators of composting facilities; and (2) A classification scheme for compost. (c) To the greatest extent practicable, […]
Section 6-222 – Low Phosphorous Fertilizer
(a) (1) Except as provided in paragraph (2) of this subsection, on or after April 1, 2011, a person may not sell or distribute for use or sale any fertilizer intended for use on established lawns or grass unless it is low phosphorous fertilizer. (2) This subsection does not apply to organic or natural organic fertilizer that is […]
Section 6-223 – Regulation of Fertilizer and Its Application
(a) Except for enforcement provided under § 8–803.5(g) of this article, the Department has the exclusive authority to establish standards regulating fertilizer and its application to turf. (b) A local government entity may not adopt laws, regulations, rules, ordinances, or standards regulating fertilizer and its application to turf. (c) Subsections (a) and (b) of this section do not […]
Section 6-224 – Restrictions on Use and Sale of Fertilizer
(a) Except as provided in subsection (b) of this section, any specialty fertilizer labeled for use on turf, when applied in accordance with the instructions on the container, may not: (1) Result in an application of: (i) More than 0.7 pounds per 1,000 square feet of water–soluble nitrogen; or (ii) More than 0.9 pounds per 1,000 square feet of […]