Consumer Law Library

Reinforcing Steel Fabricating And Distributing Industry

16 CFR Part 34 · Trade practice rules · in the Code of Federal Regulations 1938-1959 (4 annual editions)

Scanned CFR pages, OCR text may contain errors; the linked Library of Congress PDF is the authority. Not legal advice; not affiliated with the FTC. These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.

Latest edition: Library of Congress, 1959 CFR · Earliest edition: 1938 CFR

Text (1959 edition, OCR)

§ 34.0

Part 34—Reinforcing Steel Fabri-
cating and Distributing Indus-
try [Revoked]

CoprricaTIon: Part 34 was revoked, 20 F. R.
4984, July 18, 1955.

Part 34—Nursery Industry
[Added; Revised]

Sec.

Sec.

$4.0 Definitions.

$4.1 Deception (general).

34.2 Deception through use of names.

34.3 Substitution of products.

34.4 Size and grade designations.

34.5 Deception as to blooming, fruiting, or
growing ability.

34.6 Misrepresenting products as conform-
ing to standard, etc.

34.7 False claims of membership, deceptive
use of seals, etc.

34.8 Plants collected from the wild state.

34.9 Misrepresentation as to character of
business.

34.10 Deceptive guarantees.

34.11 Deceptive “salesmen wanted” adver-
tisements.,

$4.12 Misrepresentation with respect to col-
lection of accounts. .

$4.13 Deception as to origin or source of in-
dustry products.

34.14 Exciusive deals.

$4.15 Tie-in sales—coercing purchase of one
product as a prerequisite to the pur-
chase of other products.

84.16 Deceptive pricing.

34.17 Enticing away employees of com-
petitors.

34.18 Use of the word “free”.

$4.19 Use of lottery schemes.

34.20 Defamation of competitors or false
disparagement of their products.

34.21 Prohibited forms of trade restraints
(unlawful price fixing, etc.)

$4.22 Prohibited discrimination.

34.23 Aiding or abetting use of unfair trade

practices.

AvurHoriTYy: §§ 34.0 to 34.28 issued under
sec. 6, 38 Stat. 721; 15 U.S. C. 46. Interpret
or apply sec. 5, 38 Stat. 719, as amended; 15
U.S. C. 45,

SOURCE: §§ $4.0 to 34.23 appear at 23 F. R.
4804, June 28, 1958.

Prior Amendments
1956: 21 F. R. 4663, June 27.

§ 34.0 Definitions—(a) Industry prod-
ucts. As used in this part, the term “in-
dustry products” includes all types of
trees, small fruit plants, shrubs, vines,

Page 208

Title 16—Commercial Practices

ornamentals, herbaceous annuals, bien-
nials and perennials, bulbs, corms,
rhizomes, and tubers which are offered
for sale or sold to the general public. In-
cluded are products propagated sexually
or asexualiy and whether grown in a
commercial nursery or collected from the
wild state. Such products are custom-
arily used for outdoor planting. Not in-
cluded are florists’ or greenhouse plants
solely for inside culture or use and an-
nual vegetable plants. Likewise, gladi-
olus bulbs and corms are excluded inas-
much as they are covered by trade
practice rules promulgated January 17,
1952.

(b) Industry members. Any person,
firm, corporation, or organization en-
gaged in the sale, offering for sale, or dis-
tribution in comnmerce of industry prod-
ucts, as defined above.

(c) Lining-out stock. Includes all
plant material coming from propagating
houses, beds, or frames, and young ma-
terial such as seedlings rooted or un-
rooted cuttings, grafts or layers, of
suitable size to transplant either in the
nursery row or in containers for “grow-
ing on.”

(d) Nursery-grown stock. Plants
propagated and grown under cultivation,
or plants transplanted from the wild and
grown under cultivation for at least one
full growing season.

§34.1 Deception (general). (a) It is
an unfair trade practice to sell, offer for
sale, or distribute industry products by
any method, or under any circumstance
or condition, which has the capacity and
tendency or effect of deceiving purchasers
or prospective purchasers as to quantity,
size, grade, kind, species, age, maturity,
condition, vigor, hardiness, number of
times transplanted, growth ability,
growth characteristics, rate of growth or
time required before flowering or fruit-
ing, price, origin or place where grown, or
in any other material respect.

(b) The inhibitions of this section
shall apply to every type of advertise-
ment or method of representation,
whether in newspaper, periodical, sales
catalog, circular, by tag, label or insig-
nia, by radio or television, by sales rep-
resentatives, or otherwise.

(c) Among practices inhibited by the

foregoing are direct or indirect repre-
sentations: