[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR18.4]

[Page 138]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 18_GUIDES FOR THE NURSERY INDUSTRY--Table of Contents
 
Sec. 18.4  Size and grade designations.

    (a) In the sale, offering for sale, or distribution of industry 
products, it is an unfair or deceptive act or practice for an industry 
member to use any term, designation, number, letter, mark, or symbol as 
a size or grade designation for any industry product in a manner or 
under any circumstance that misrepresents directly or by implication to 
purchasers or prospective purchasers the actual size or grade of such 
products.
    (b) Under this section industry members offering lining-out stock 
for sale shall specify conspicuously and accurately the size and age of 
such stock when failure to do so may misrepresent directly or by 
implication such stock to purchasers or prospective purchasers.
    (c) Nothing in this section is to be construed as inhibiting the 
designation of the size or grade of an industry product by use of a size 
or grade designation for which a standard has been established which is 
generally recognized in the industry when the identity of such standard 
is conjunctively disclosed, the product qualifies for the designation 
under such standard, and no deception of purchasers or prospective 
purchasers results in the use of such designation.

    Note: It is the consensus of the industry that the grade and size 
standard set forth in the current edition of American Standard for 
Nursery Stock, ANSI Z60.1, as approved by the American National Standard 
Institute, Inc., is generally recognized in the industry, and that use 
of the size and grade designation therein set forth, in accordance with 
the requirements of the standard for the designations, in the marketing 
of industry products to which such standard relates, will prevent 
deception and confusion of purchasers and prospective purchasers of such 
products. [Guide 4]

[44 FR 11177, Feb. 27, 1979, as amended at 59 FR 64549, Dec. 14, 1994]

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