[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: 16CFR18.0]

[Page 136]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 18_GUIDES FOR THE NURSERY INDUSTRY--Table of Contents
 
Sec. 18.0  Definitions.




Sec.
18.0 Definitions.
18.1 Deception (general).
18.2 Deception through use of names.
18.3 Substitution of products.
18.4 Size and grade designations.
18.5 Deception as to blooming, fruiting, or growing ability.
18.6 Plants collected from the wild state.
18.7 Misrepresentation as to character of business.
18.8 Deception as to origin or source of industry products.

    Authority: Secs. 5, 6 FTC Act; 38 Stat. 719, 721; 15 U.S.C. 45, 46.

    Source: 44 FR 11177, Feb. 27, 1979, unless otherwise noted.


    Industry products. As used in this part, the term industry products 
includes all types of trees, small fruit plants, shrubs, vines, 
ornamentals, herbaceous annuals, biennials and perennials, bulbs, corms, 
rhizomes, and tubers which are offered for sale or sold to the general 
public. Included are products propagated sexually or asexually and 
whether grown in a commercial nursery or collected from the wild state. 
Such products are customarily used for outdoor planting. Not included 
are florists' or greenhouse plants solely for inside culture or use and 
annual vegetable plants.
    Industry members. Any person, firm, corporation, or organization 
engaged in the sale, offering for sale, or distribution in commerce of 
industry products, as defined above.
    Lining-out stock. Includes all plant material coming from 
propagating houses, beds, or frames, and young material such as 
seedlings rooted or unrooted cuttings, grafts or layers, of suitable 
size to transplant either in the nursery row or in containers for 
``growing on.''
    Nursery-propagated. Reproduced and grown under cultivation, 
including reproduced and grown under cultivation from plants, seeds or 
cuttings lawfully collected from the wild state.
    Propagated. Reproduced from seeds, cuttings, callus or other plant 
tissue, spores or other propagules under a controlled environment that 
is intensely manipulated by human intervention for the purpose of 
producing selected species or hybrids.

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