Md. Code Regs. 15.03.03.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 15.03.03.05 - Nonfood Products

A. Coatings. Asphalt paints, coatings sold in a viscous state, and plastics shall be sold in terms of liquid measure.

B. Softwood Lumber.

(1) Softwood lumber applies to softwood boards, timbers, and dimension lumber that have been dressed on four sides, but may not apply to rough lumber, to lumber that has been matched, patterned, or shiplapped, or to lumber remanufactured or joined so as to have changed the form or identity, such as individual, assembled, or packaged millwork items.

(2) Definitions.

(a) "Boards" means lumber 1-1/4 inches or less in actual thickness and 1-1/2 or more inches in actual width. Boards less than 5-1/2 inches in actual width may be classified as strips.

(b) "Dimension lumber" means lumber from 1-1/2 inches to, but not exceeding, 4-1/2 inches in actual thickness, and 1-1/2 or more inches in actual width. Dimension lumber may be classified as framing, joists, planks, rafters, studs, small timbers, etc.

(c) "Dressed (surfaced) lumber" means lumber that has been dressed (or surfaced) for the purpose of attaining smoothness of surface and uniformity of size.

(d) "Grade" means the commercial designation assigned to lumber meeting specifications established by a nationally recognized grade rule writing organization.

(e) "Matched lumber" means lumber that has been worked with a tongue on one edge of each piece and a groove on the opposite edge to provide a close tongue-and-groove joint by fitting two pieces together. When end-matched, the tongue and groove are worked in the ends also.

(f) "Minimum dressed sizes (width and thickness)" means the standardized width and thickness at which lumber is dressed when manufactured in accordance with Table 1.

(g) "Patterned lumber" means lumber that is shaped to a pattern or to a molded form, in addition to being dressed, matched, or shiplapped, or any combination of these workings.

(h) "Representation" means any advertisement, offering, invoice, or the like that pertains to the sale of lumber.

(i) "Rough lumber" means lumber that has not been dressed but which has been sawed, edged, and trimmed at least to the extent of showing saw marks in the wood on the four longitudinal surfaces of each piece for its overall length.

(j) "Shiplapped lumber" means lumber that has been worked or rabbeted on both edges of each piece to provide a close-lapped joint by fitting two pieces together.

(k) "Softwood lumber," for the purpose of this regulation, means lumber produced from the cedar, fir, hemlock, juniper, larch, pine, redwood, spruce, tamarack, and yew species groups of trees.

(l) "Species" means the commercial name assigned to a species of trees.

(m) "Species group" shall be the commercial name assigned to two or more individual species having similar characteristics.

(n) "Timbers" means lumber 4-1/2 or more inches in least actual dimension. Timber may be classified as beams, stringers, posts, caps, sills, girders, purlins, etc.

(3) Identity. Representations shall include a declaration of identity that specifies the grade or grades, species or species group, and whether the lumber is unseasoned (green) or dry.

(4) Quantity. Representations shall be in terms of the number of pieces, the minimum dressed width and thickness, the length of individual pieces or the lineal footage, except that:

(a) The use of nominal dimensions shall be allowed when used in conjunction with the required minimum dressed sizes and actual length;

(b) With respect to all invoices, a table of minimum dressed sizes may appear on the reverse side of the invoice, so long as appropriate reference to the table is prominently and conspicuously shown on the face of the invoice.

Table 1 Softwood Lumber Sizes

Minimum standard dressed sizes at the time of manufacture for both unseasoned (green) and dry lumber.

ProductClassification(Nominal Size)	Minimum Dressed Sizes(See Note 2)
	Unseasoned	Dry
Inches	Inches	Inches
Dimension Lumber
2 x4	1-9/16 x3-9/16	1-1/2 x3-1/2
2 x6	1-9/16 x5-5/8	1-1/2 x5-1/2
2 x8	1-9/16 x7-1/2	1-1/2 x7-1/4
2 x 10	1-9/16 x9-1/2	1-1/2 x9-1/4
2 x 12	1-9/16 x 11-1/2	1-1/2 x 11-1/4
(See Agency note 1)
Board Lumber
1 x4	25/32 x3-9/16	3/4 x3-1/2
1 x6	25/32 x5-5/8	3/4 x5-1/2
1 x8	25/32 x7-1/2	3/4 x7-1/4
1 x 10	25/32 x9-1/2	3/4 x9-1/4
1 x 12	25/32 x 11-1/2	3/4 x 11-1/4

Agency note 1. The dry thicknesses of nominal 3 inch and 4 inch lumber are 2-1/2 inches and 3-1/2 inches. Unseasoned thicknesses are 2-9/16 inches and 3-9/16 inches. Widths for these thicknesses are the same as shown above.

Agency note 2. Dry lumber is defined as being 19 percent or less in moisture content and unseasoned lumber as being over 19 percent moisture content.

C. Peat and Peat Moss.

(1) Peat and peat moss applies only with respect to organic matter of geological origin, excluding coal and lignite, originating principally from dead vegetative remains through the agency of water in the absence of air and occurring in a bog, swampland, or marsh, and containing an ash content not exceeding 25 percent on a dry-weight basis (dried in an oven at 105° C (221°F) until no further weight loss can be determined).

(2) Declaration of Quantity. The declaration of quantity of peat and peat moss shall be expressed in weight units or in cubic-measure units.

(3) Units.

(a) Weight. Peat and peat moss sold in terms of weight shall be offered and exposed for sale only in kilograms or pounds, or both.

(b) Cubic Measure. Peat and peat moss sold in terms of cubic measure shall be offered and exposed for sale only in liters or cubic feet, or both. If the commodity is labeled in terms of compressed cubic measurement, the quantity declaration shall represent the quantity in the compressed state.

D. Roofing and Roofing Material.

(1) Roofing and roofing material shall be sold either by the square or by the square foot only.

(2) Definitions.

(a) "Square" means the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover an area of 100 square feet exclusive of side laps or side joints, provided that, in the case of roofing or roofing material of corrugated design, the side lap or side joint shall be one full corrugation.

(b) "Square foot" means the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover 1 square foot (144 square inches) exclusive of side laps or side joints.

(3) Declaration of Quantity.

(a) When the declaration of quantity on a package of roofing or roofing material contains the term "square," it shall include, plainly and conspicuously, a numerical definition of the term "square"; for example, "One square covers 100 square feet of roof area."

(b) Common Fractions. The use of the common fraction 1/3 is specifically authorized in the quantity statement of a package of roofing or roofing material when, and only when, used as the common fraction of the "square."

(c) Quantity Statement. The primary declaration shall only be in terms of a square or square feet. There is no prohibition against the use of supplementary quantity declarations, such as shingle dimensions, but the weight of the material may not be stated or implied. However, the use of numerical descriptions for rolls of felt roofing material may continue to be used.

E. Sealants. Caulking compounds, glazing compounds, and putty shall be sold in terms of liquid measure, except that rope caulk shall be sold by weight.

F. Fireplace and Stove Wood.

(1) Definitions.

(a) "Cord" means the amount of wood which is contained in a space of 128 cubic feet, when the wood is ranked and well stowed. For the purposes of this section, "ranked and well stowed" means when pieces of wood are placed in a line or row, with individual pieces touching and parallel to each other, and stacked in a compact manner.

(b) "Fireplace and stove wood" means any kindling, logs, boards, timbers or other wood, natural or processed, split or not split, advertised, offered for sale or sold for use as fuel.

(c) "Flavoring chips" means any kindling, boards, timbers, or other natural or processed, split or unsplit wood that is advertised, offered for sale, or sold for flavoring smoked or barbequed foods.

(d) "Representation" means any advertisement, offering, invoice, or the like that pertains to the sale of fireplace or stove wood.

(e) "Species group" means the commercial name assigned to two or more individual species having similar characteristics (example: oak, hickory, pine, poplar, etc.).

(2) Identity. Representations shall include a declaration of identitification that indicates the species group and whether the wood is unseasoned (green) or dry. A representation of two or more species groups shall indicate, within 10 percent accuracy, the percentages of each group.

(3) Quantity.

(a) Fireplace and stovewood shall be advertised, offered for sale, and sold only by measure, using the term "cord" and fractional parts of a cord.

(b) Packaged Natural Wood. Natural wood offered for sale in packaged form in quantities less than 1/8 cord (16 cubic feet) shall display the quantity in terms of cubic feet including fractions of cubic feet or cubic meters including fractions of cubic meters.

(c) Artificial Compressed or Processed Logs. A single fireplace log shall be sold by weight. Packages of these individual logs shall be sold by weight plus count.

(d) Stovewood Pellets or Chips. Pellets or chips not greater than 6 inches (15 centimeters) in any dimension shall be sold by weight. This requirement does not apply to flavoring chips.

(e) Flavoring Chips. Flavoring chips shall be sold by volume.

(4) Prohibition. The terms "face cord," "rack," "pile," "truck load," or terms of similar import may not be used when advertising, offering for sale, or selling wood for use as fuel.

(5) Delivery Ticket or Sales Invoice. A delivery ticket or sales invoice shall be presented by the seller to the purchaser whenever any nonpackaged fireplace or stovewood is sold. The delivery ticket or sales invoice shall contain at least the following information:

(a) The name and address of the vendor;

(b) The name and address of the purchaser;

(c) The date delivered;

(d) The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity;

(e) The price of the amount delivered; and

(f) The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale.

G. Sod.

(1) Application. For the purpose of this regulation this section shall apply to all sod, including turf sod, turf plugs and turf sprigs.

(2) Definitions.

(a) "Sod" means "turf sod", "turf plugs", or "turf sprigs" of a single kind or variety or a mixture of kinds and varieties.

(b) "Turf" means 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 purposes.

(c) "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.

(d) "Turf sod" means a strip or section of live turf which, when severed, contains sufficient plant material to remain intact.

(e) "Turf sprig" means a live plant, stolon, crown, or section cut from perennial plants used as turf.

(3) Quantity.

(a) Sod shall be advertised, offered for sale, and sold by measure or by a combination of count and measure as prescribed by this section.

(b) Turf Sod. Turf sod shall be advertised, offered for sale, and sold in terms of square feet or square yards, as appropriate.

(c) Turf Plugs. Turf plugs shall be advertised, offered for sale, and sold in terms of count, combined with a statement of surface area dimension (example: "100 plugs, 2 inch diameter").

(d) Turf Sprigs. Turf sprigs shall be advertised, offered for sale, and sold in terms of the United States bushel or fractions thereof. (Agency note: Refer to Regulations .02B, C, D, H, .06B, C, F, and G of COMAR 15.03.02. In addition, refer to regulations pertaining to the Maryland Turf Grass Law.)

Md. Code Regs. 15.03.03.05

Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728)