Most of us know that on April 1, Pennsylvania will start strict enforcement of container sizes. That gallon container had better hold a gallon of soil. But now word is out that a federal group -- the NIST -- is getting involved. Does this mean nationwide enforcement is coming? I caught up with a travel-weary Bob Dolibois in January to learn more about this issue.

Q. What is NIST, and how is it getting involved with the Pennsylvania container standards issue?

A. NIST stands for the National Institute of Standards and Technology. It was founded in 1901 as a nonregulatory federal agency within the U.S. Department of Commerce.

Its purpose is to develop and promote measurement, standards and technology that enhances productivity and facilitates trade. For example, NIST administers the highly regarded Malcolm Baldrige National Quality Award program.

NIST became involved because its guidelines are used by the states.

Q. Does NIST have any enforcement capabilities?

A. NIST has no enforcement capabilities. In the case of our products' weights and measures, the enforcement of standards resides with the weights and measures departments of state governments.

NIST does, however, provide guidelines upon which state enforcement procedures are based. This "standardizing" role for NIST makes it possible for us to have interstate commerce unhampered by a crazy-quilt set of variable rules among the states.

Q. Do you see a change in the pipeline toward true-to-measure containers, or perhaps more companies dropping volume designations?

A. It is hard to predict exactly how and in what ways our diverse industry will ultimately react to heightened scrutiny about consumer advertising and labeling of pot sizes.

ANLA and the Society of American Florists are appointing a cross-industry task force to meet with NIST representatives. Our goal is to explore multiple choices for industry businesses to respond that will preserve the flexibility and diversity that is built into the industry's practices today, but be consistent with NIST guidelines.

Q. How do you think big-box retailers will factor into this issue? Do you foresee any demanding true gallon containers soon?

A. Clearly, the big boxes move a great deal of plant material in our industry. They also advertise heavily in the consumer marketplace.

As such, it is probable that the big boxes will pay closer attention to this issue than a retailer who does less advertising. It is important to note, however, that this issue also relates to in-store signage and pot labeling, and, therefore, affects all retailers in one form or another.

Q. Do you predict other state departments of measure will follow Pennsylvania's lead?

A. This concern has surfaced in other states before, so there is ample reason to believe that it will continue to surface. It is important for ANLA and SAF to meet with NIST and to educate the industry about this issue so the industry can stop short future action by other states.

Q. How do the current state budget situations fit into this picture?

A. Well, that's hard to predict. Sections 23 and 24 of NIST's Handbook 130 provides for both civil and criminal penalties for violations of the weights and measures law.

In tough economic times, state governments seem to vigorously pursue prosecution of some violations that carry heavy financial penalties.

Enforcement is not cheap, however, so there is no doubt that a cost-benefit analysis would be a consideration before any state launched an aggressive initiative. It is worth noting that in Pennsylvania, this issue arose based on a complaint from one retailer about another retailer. The state did not initiate the investigation until the complaint was received.

The industry has grown dramatically in the last decade or so. That growth is a good thing, but it brings with it increased visibility and scrutiny by watchdogs, both government and the self-proclaimed.

This labeling issue is just one of several that the industry must recognize and provide a credible response. The same goes for invasive species, water quality/restrictions, and labor practices. ANLA is involved in all of these and we can use all the industry help and cooperation we can get.

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© 2002 Branch-Smith Publishing