Grower Mark DeJong discusses the impact compliance with consumer-product labeling laws in regards to containers will have on the floral industry.

Q. Is there anything different about the floral industry compared to other industries having to comply with the federal weights and measures in regards to container sizes?

A. In the eyes of the regulators, there is nothing all that unique about who we are and what we do. All that matters to the "rule book folks" is that we offer an array of products to the consumer and that the consumer, in turn, must be able to make a value judgment or comparison between our offerings.

At this time, it appears the enforcement folks are looking at garden centers -- and what is typically in them. This, of course, includes a broad range of horticultural products and that leads to close cooperation between American Nursery & Landscape Association and Society of American Florists in addressing the issue.

Q. How did this whole situation get started?

A. Our industry's container-labeling practices have come under criticism multiple times through the years. The most recent and significant action involved a complaint filed with the Weights and Measures Department in Pennsylvania. The complaint regarded an advertisement for a 10-inch hanging basket (empty) that was significantly less than 10 inches on the inside diameter. That complaint drew attention to additional labeling and marketing practices in our industry that are out of compliance. We are not the only industry to be a target for enforcement.

Q. Is this an isolated container size issue, or do you think that will spread to other states?

A. The rules requiring us to provide the consumer with complete and accurate information are federal -- they apply to us all. The enforcement of these rules is the responsibility of some 400-plus state and local jurisdictions across the country. These agencies also check for the accuracy of public scales and gasoline pumps.

Our industry is now on the inspectors' radar screens and it remains to be seen how vigorously the various jurisdictions will pursue us. We have been told that other states are watching how the industry responds to this Pennsylvania situation.

Q. What was the purpose of the industry task force formed by SAF and ANLA?

A. The Container Task Force was created by SAF and ANLA because this is exactly the kind of issue that national associations exist for. Members of this task force are also active in other industry groups like OFA and North American Horticultural Supply Association.

The purpose of the task force is to find out exactly what the laws and issues are and to develop some suggested guidelines for industry businesses that want to come into compliance. The group has been consulting with authorities at the National Institute of Standards and Technology (www.nist.gov). NIST is a federal agency that oversees laws for technical aspects of labeling and marketing consumer products.

The most significant conclusion of the Container Task Force was that we are going to have to face reality. And reality is:

* The laws have been on the books for a long time.

* They are focused on protecting the consumer.

* We will have to comply -- nationwide.

Q. What did the Container Task Force determine is necessary for plant containers to comply with federal requirements?

A. The road to finding a common denominator for describing our containers was littered with old customs and practices. For example, we are accustomed to describing many containers in terms of outside diameter no matter how much this might exaggerate the true "grow the plant" capacity. We generalize a lot when describing containers by volume when actual capacity might be something quite different.

After much discussion, it was the consensus of the group that the only common thread for accurately describing our many containers was a true measurement of volume.

Q. Do you think compliance falls more heavily on the container manufacturers, label manufacturers, growers or retailers?

A. At the end of the day, compliance is the responsibility of the retailers, for their space is where the consumer stands. However, it is probably reasonable to assume that retailers will look to their vendors for an expanded service, i.e., proper labeling of containers that come through the back door. Growers in turn will look to the label vendors and container manufacturers for help with this new issue. For the whole production chain this will be a challenge, as well as an opportunity. Business as usual!

Q. Now that Pennsylvania Department of Agriculture has raised the red flag, do you think the enforcement will have national consequences?

A. This issue will definitely have national consequences for at least two reasons: the rules are on the federal books, and a number of the chains that buy our products do business regionally, if not nationwide.

Enforcement will be the responsibility of your local or state jurisdiction. Across the country the priorities and aggressiveness of these jurisdictions can be expected to vary considerably.

Q. Since some retailers don't want growers to put their company name/logo on the plants they are supplying, do you think this will complicate compliance with federal labeling laws?

A. This is certainly an issue -- and one I have already run into. The law says that somewhere on the label it must state who filled the container with the product. When you go to a supermarket and pick up a house-brand item, somewhere on the label it is going to tell you who packaged or produced this item for the store. The laws apply to independent retailers, too.

The Container Task Force is researching how much flexibility there is in this requirement. We hope to be able to develop some guidelines that will both comply with the law and make common sense.

Q. What is the timeline on the enforcement of these federal label laws?

A. The first thing to remember is that the laws are already on the books -- and have been for some time. Theoretically, aggressive enforcement can happen tomorrow morning. NIST has told us, however, that typically industries that demonstrate a serious and sustained effort to come into compliance are granted some leeway regarding labels and containers in current inventory. Advertising and signage that have short shelflives will need to change quickly.

Q. What are the potential fines for not complying?

A. Weights and measures inspectors have a great deal of authority. They may come into a retail business without a warrant. They also may levy fines and/or stop the sale of merchandise that is not in compliance. Stop-sale orders have an immediate effect on us because our products are perishable and we have a weekend sales peak. Fines will vary by state or jurisdiction.

While threats will drive change, let's look at the positive side. What can we be doing to sell more plants to more satisfied customers? The average consumer has rising expectations, some framed by these labeling laws. Can we sell more plants if we fight this or if we comply with these expectations -- which other industries must and are meeting? Each business has a choice. I know what I'll be doing!

NAHSA forms guidelines task force

North American Horticultural Supply Association's board of directors created a Weights and Measures Task Force in response to concerns expressed by members.

These concerns center around compliance recommendations for existing weights and measures regulations made by a joint task force comprised of members of American Nursery & Landscape Association, Society of American Florists and OFA. These associations joined together to respond to the decision by Pennsylvania Department of Agriculture to bring horticulture into compliance with the state's existing weights and measures regulations.

The NAHSA board expressed concern about the joint task force's recommendations that every retail product be labeled with container volume, content description and declaration of responsibility, which could severely impact small and medium growers.

The task force wants to focus efforts on ensuring fair representation of all size growers and suppliers throughout the process of developing compliance guidelines. NAHSA will disseminate information on the guidelines to growers through its distributor membership.

For more: North American Horticultural Supply Association, 1900 Arch St., Philadelphia, PA 19103-1498; (215) 564-3484; fax (215) 963-9784; nahsa@fernley.com; www.nahsa.org.

Send this article to a friend

Enter your e-mail address:


Enter your friend's e-mail address:


Click the image below to send:

© 2004 Branch-Smith Publishing