Pennsylvania Floral Industry News

Wednesday, November 15, 2006

Floral Transaction and Consumer Protection Act Passes Unanimously

The Pennsylvania House of Representatives has unanimously passed Senate Bill 198, the Floral Transaction and Consumer Protection Act, sponsored by Senator Stewart J. Greenleaf (R-Montgomery) and co-sponsored by John Gordner (R-Columbia).

Senate Bill 198 makes it unlawful for a floral supplier to misrepresent its geographic location by listing a fictitious business name in a local telephone directory. The bill also creates a private course of action for individuals to petition the court to enjoin the conduct prohibited by the bill. It also provides fines of up to $500 per day until the supplier ceases the prohibited conduct.

Being previously and unanimously approved by the Pennsylvania State Senate, the legislation will now be presented to Governor Ed Rendell to sign into law.

In August, 2005 Katy Miller, Vice President, Sales and Marketing of Dillon Floral Corporation, testified in front of the House Consumer Affairs Committee regarding the impact of the unfair trade practice. She was joined by Pennsylvania Floral Industry Association (PFIA), members representing retail, wholesale and wire service sectors.

PFIA, representing retail florists and related businesses in Pennsylvania, has long sought a restriction on out of state florists that disguise their origin when advertising in local telephone directories. According to the Association, previous to Bill 198, PA law enabled a non-PA concern to place a listing in the telephone book using a local exchange and a fictitious name meant to sound like a local florist. "This practice effectively prevents the consumer from knowing where they purchase flowers, "said PFIA past-president Ed Auman, a Selinsgrove florist. "The customer needs to know from whom they are buying."

Auman stressed the pro-competition nature of Senate Bill 198. "People should have a range of choices but those choices must be made with complete knowledge," he said. "SB 198 does not restrict an out-of-state firm from doing business in Pennsylvania but requires that it list a location so that consumers know its true location."

PFIA also commended the bill’s prime sponsor, Senator Stewart Greenleaf (R-Montgomery) for his advocacy and Senate Majority Leader Chip Brightbill for his leadership in pushing for the bill’s passage. "This unfair trade practice is corrected by Senate Bill 198 and Pennsylvania’s consumers have these two gentlemen to thank for it" said the PFIA’s executive director Denise Calabrese.