Commission declines ruling on use of term "humus and states Peat Industry Trade Practice Rules apply if…

No. 293. Commission declines ruling on use of term "humus and states Peat Industry Trade Practice Rules apply if material comes within certain definitions. The Commission responded to a request for an advisory opinion (i) concerning the use of the term "humus" in proposed marketing of certain top soil material, and (ii) where there is anything in the proposed operation which is subject to Commission rules or regulations.

The application was made by a company which wants to market certain soil material as humus. The company submitted a partial analysis of the material as follows:

MarkedTop Water Holding capacity (percent) of its dry weight - 950 90G 91G pH -:Joisture (percent) -- 82. 87. 83. Ash (percent dry basis) -- 12.4 Organic Content (percent dry basis) -- 93. 87. 91.0 The Commission noted that the analysis presented above does not indicate the amount or degree of decomposition of organic matter that may have taken place, nor the mineral content of the soil. The Commission invited attention to this definition of humus in Soil: The YeuTbook of AgricultuTe (1957), prepared by the United States Department of Agriculture and published by the S. Government Printing Offce (at page 759) : HUMUS-The \vell-decomposed , more or less stable part of the organic matter in mineral soils.

The Commission declined to express an opinion on the marketing of the material as humus because an informed decision on the proposed course of action or its effects could be made only after extensive investigation or testing; requests for opinions in this category are ordinarily considered inappropriate for Commission advice under Section 1.1 (c) of the Commission s Procedures and Rules of Practice. Applicant also asked whether there is anything 1672 FEDERAL TRADE COM).ISSJON DECISIONS in the proposed operation which comes under Commission rules or regulations.

Applicant was advised that the Commission s Trade Practice Rules for the Peat Industry, as promulgated January 13, 1950 (a copy of which was enclosed), apply to proposed operations if the material to be sold comes within the following definitions under such rules:

As used in these rules, the terms "industry product" and " peat" shall be understood as having' the folJowing meanings: Industry P1"oduct: Any product marketed for use as a soil conditioner, or for any agricultural or horticultural purpose, which is composed, or is represented as being composed , \vholly or in part of peat; also, any product marketed for any such purpose which is composed, or is represented as being composed, wholly or in part of a humus or muck derived from peat. Peat: Any partly decomposed vegetable matter which is accumulated under water or in a water-saturated environment through decomposition of mosses, sedges, reeds, tule, trees, or other plants. The Commission invited attention to the note appended to Rule , calling for the voluntary nondeceptive disclosure of the degree of decomposition, and principal uses of the product, as well as the acid and ash content, and moisture holding capacity. If this practice is observed, the likeJihood of deception should be much reduced, the Commission commented.

With regard to the second question, the Commission again invoked Section 1.1 (c) of its Procedures and Rules of Practice. An informed decision by the Commission on the presence of any peat or of any humus or muck derived from peat, could not be made without extensive investigation or testing. )Jormal advisory opinion procedures do not provide for such testing or investigation. (File No. 693 7004, released Oct. 1 , 1968.

1'0. 294. Advertising on food product wrapper. The Commission advised a food product manufacturer that would not obj ect to advertising proposed to be placed on the wrapper for the food product.

The advertising would offer to those who respond a money making opportunity in the form of premiums or payments for the sale of a specified product. An inquirer would incur no obligation upon receipt of the plan, or thereafter, and would be free to accept or rej ect it at wi11. Anyone performing under the offer would be recompensed according to a clearly disclosed scale for services rendered. No monetary investment would be required. (File No. 6937011, released Oct. 8, 1968.

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ADVISORY OPINION DIGESTS 1673