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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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§ 34.0 Part 34—Reinforcing Steel Fabri- cating and Distributing Indus- try [Revoked] CoprricaTIon: Part 34 was revoked, 20 F. R. 4984, July 18, 1955.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: