[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: 16CFR18.5]

[Page 139]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 18_GUIDES FOR THE NURSERY INDUSTRY--Table of Contents
 
Sec. 18.5  Deception as to blooming, fruiting, or growing ability.

    In the sale, offering for sale, or distribution of industry 
products, it is an unfair or deceptive act or practice for any industry 
member to misrepresent directly or by implication to purchasers or 
prospective purchasers the ability of such products:
    (a) To bloom, flower, or fruit within a specified period of time; or
    (b) To produce crops within a specified period of time, or to give 
multiple crops each year, or to produce crops in unfavorable climatic 
regions; or
    (c) To bear fruit through self-pollinization; or
    (d) To grow, flourish, and survive irrespective of the climatic 
conditions, the care exercised in or after planting, or the soil 
characteristics of the locality in which they are to be planted.

    Note 1: Under this section, when flower bulbs are of such immaturity 
as not reasonably to be expected to bloom and flower the first season of 
their planting, such fact shall be clearly and conspicuously disclosed 
in all advertisements and sales promotional literature relating to such 
products: Provided, however, That such disclosure need not be made when 
sales are confined to nurseries and commercial growers for their use as 
planting stock.
    Note 2: Under this section, in order to avoid deception of 
purchasers and prospective purchasers thereof, when rose bushes have 
been used in a greenhouse for the commercial production of cut flowers, 
they shall be tagged or labeled so as to clearly, adequately and 
conspicuously disclose such fact, and such tags and labels shall be so 
attached thereto as to remain thereon until consummation of consumer 
sale. A similar disclosure shall be made in all advertising and sales 
promotional literature relating to such products. And when, by reason of 
such previous greenhouse use or their condition at the time of removal 
therefrom or their handling during or subsequent thereto, there is 
probability that such rose bushes will not satisfactorily thrive and 
produce flowers when replanted outdoors, or will satisfactorily thrive 
and produce flowers outdoors only if given special treatment and 
attention during and after their replanting, such fact shall also be 
clearly, conspicuously, and nondeceptively disclosed in close 
conjunction with, and in the same manner as, the aforesaid required 
disclosure that such products have been used in a greenhouse for the 
commercial production of cut flowers.


[Guide 5]

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