Good question. What you are noticing is a common practice that has developed over the years in the nursery industry. Terminology used to describe the size of the pot is not consistent with what the container actually holds. For example, what you describe would be referred to as a #5 pot, but it only holds 3 1/2 gallons. There is movement afoot by regulators to guide industry retailers and suppliers to provide a standard. This would consist of labels, required by law, when selling packaged products. This includes containers. In Colorado, the Colorado Nursery and Greenhouse Growers Association (CNGA) has worked closely with regulatory agencies that are now looking at this discrepancy closely. Recommendations for consistent labeling have been made on state and federal levels, and the industry is responding to this warning. At this point, however, everything is educational, meaning that suppliers and retailers are strongly encouraged to comply with labeling recommendations, but penalties may or may not be enacted. The state regulatory agency would need to get involved. Eventually all retailers and suppliers will have to come into compliance. CNGA is working closely with the Department of Weights and Measures to make sure that all affected within Colorado know when appropriate deadlines will be in place.For more information you can visit  National Standards for Container Marketing.

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