Category Archives: Nanny State

Regulation of the Day 95: Buying Wine in Ohio

Posted on January 5, 2010 | Comments Off on Regulation of the Day 95: Buying Wine in Ohio

It is illegal to buy more than 288 bottles of wine per year in Ohio.

If you drink that much wine by yourself, then you have more important problems to worry about than regulatory compliance. But if you host of lot of parties or are building up a wine collection, you run a real risk of hitting the limit.

“The level was set to establish what would seem to be a reasonable amount for personal use,” according to the Ohio Wine Producers Association’s executive director, Donniella Winchell.

Since the law is somewhat difficult to enforce, no violators have yet been found. But when there are, the Ohio Department of Public Safety Investigative Unit will come knocking. Because while buying 288 bottles of wine is perfectly fine, buying 289 poses a threat to public safety.

(Hat tip to CEI colleague Megan McLaughlin)

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Posted in Nanny State, prohibition, Regulation of the Day

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Regulation of the Day 94: Plastic Shopping Bags

Posted on January 4, 2010 | 3 comments

Retailers have traditionally provided free shopping bags to their customers as a courtesy. Washington, DC’s city government – known for being less than courteous – is now requiring stores to charge customers five cents for each plastic bag they use at checkout.

The tax is environmentally motivated. Since the city is acting so urgently on shopping bags, that implies that they must be the most urgent environmental threat facing DC. If that’s the case, then DC must be a veritable ecological paradise, or else its priorities are misplaced. One or the other must be true.

There were 84 unsolved murders in DC in 2009, by the way.

In lieu of plastic bags, the city is urging people to buy reusable cloth bags. But those have an environmental footprint nearly 100 times larger than a plastic bag, according to Sierra Club data. They have to be used many, many times before they cause any savings. They are also a haven for bacteria if not regularly washed. And washing them adds to their footprint.

Washington, DC has a lot of problems. Expensive but inferior schools, crime, violence, high taxes and spending – the list is long. The epidemic of plastic bags littering the streets is right at the bottom of that list. It should be prioritized accordingly. The regressive plastic bag tax should be repealed.

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Posted in Nanny State, Regulation of the Day, The New Religion

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Regulation of the Day 92: Camping at the Beach

Posted on December 31, 2009 | 3 comments

In Oregon, it is illegal to set up a tent at most beaches.

A beach would not be my first choice for a place to spend the night. It would be cold and wet, especially in Oregon. Sand would get into all kinds of places I’d rather it wouldn’t.

But is a law necessary? Before the tent ban, was there an epidemic of cold, wet, and sandy people on Oregon’s beaches, who would gladly turn to safer, more comfortable accommodations if only a law would nudge them in that direction?

Or should the Solons of Oregon turn their attention to more important matters?

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Posted in Nanny State, Regulation of the Day

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Regulation of the Day 87: The Volume of TV Commercials

Posted on December 18, 2009 | Comments Off on Regulation of the Day 87: The Volume of TV Commercials

The House passed the Commercial Advertisement Loudness Mitigation Act on Wednesday. If it becomes law, the FCC would control the volume level of television commercials. Some of them are noticeably louder than regular programming. This is, to put it tactfully, irritating.

Rep. Rick Boucher told the Associated Press that “It’s an annoying experience, and something really should be done about it.”

He was talking about the commercials, though his remarks better fit the regulations he voted for.

Still, he’s right that something needs to be done. Loud commercials are a nuisance. They are also avoidable. For example, I avoid them by watching as little television as possible. Maybe read a book or spend time with loved ones instead. There are other ways, too. Here are a few:

-Use the mute button on your remote.

-If you have DVR and you’re watching a show you recorded, you can fast forward through the commercials.

-Change the channel.

-Let broadcasters know how you feel. Tell them not to run loud commercials. You can contact ABC here; CBS here; Fox here; and NBC here. They’d rather you watch their channel than not, after all. And the best way to prevent a viewer exodus is not alienating them.

Besides, they’d probably rather hear from you than the FCC.

(Hat tip to Fred Smith)

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Posted in Media, Nanny State, Regulation of the Day, Technology

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Regulation of the Day 84: The Size of Holes in Swiss Cheese

Posted on December 15, 2009 | 2 comments

Talk about attention to detail. The federal government regulates the size of holes in Swiss cheese.

The majority of the “eyes” (technical speak for “holes”) must be between 3/8” and 11/16” for the cheese to qualify as Grade A or B. Anything bigger or smaller and the cheese is relegated to the barely-edible Grade C. Even if the cheese is otherwise perfect.

(Hat tip to Jonny Slemrod)

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Posted in Nanny State, Regulation of the Day

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Regulation of the Day 80: Falconry

Posted on December 8, 2009 | Comments Off on Regulation of the Day 80: Falconry

The Code of Federal Regulations contains 12,834 words worth of rules concerning falconry, of all things. Pasted into a Microsoft Word document with 11 point font size, that’s 24 pages. On falconry.

Some of the rules are surprisingly permissive: “Your falconry facilities may be on property owned by another person where you reside, or at a different location.”

Other rules, less so: “(D) Regardless of the number of State, tribal, or territorial falconry permits you have, you may possess no more than 5 wild raptors, including golden eagles.”

Because clearly, owning six birds instead of five is a threat to public health and safety.

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Regulation of the Day 77: Banning Toys in Happy Meals

Posted on December 2, 2009 | Comments Off on Regulation of the Day 77: Banning Toys in Happy Meals

Roberto Zabrido, a government official in Spain, is “adamant that the Happy Meal and its ilk pose a risk.”

The solution? Legislation that “would ban restaurants and food manufacturers from including toys and prizes with their products.”

If Happy Meals – Happy Meals! – are Spain’s most pressing national problem, then that country is either the most trouble-free place on Earth, or else busybodies such as Mr. Zabrido have too much money and power. My bet is on the latter.

(Hat tip: Jacob Grier)

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Posted in International, Nanny State, Political Animals, Regulation of the Day

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Regulation of the Day 75: Food Containers

Posted on November 20, 2009 | Comments Off on Regulation of the Day 75: Food Containers

The Code of Federal Regulations has 28 sections on food containers. Metal, glass, plastic, flexible, rigid – if you can put food in it, there are rules for it.

Recent innovations, such as easy-open tabs on cans, have prompted the Department of Agriculture to issue a 13-page update to its food container inspection regulations. If you have some spare time on your hands, you can have a look by clicking here.

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Regulation of the Day 74: Grass Length in Jupiter, Florida

Posted on November 18, 2009 | 1 comment

In Jupiter, Florida, residents whose lawns are taller than eight inches risk $250 per day fines. The city council voted last night on raising the fines to $1,000 per day.

Jupiter, of course, is about as far away from America as one can get.

But wait, there’s more:

The town code regulates items such as when garbage cans can be placed outside, noise volume, parking of boats, heights of fences, the number of tenants and landscaping. Lawns cannot be higher than eight inches in developed residential areas.

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Oyster Ban Update: Partial Victory!

Posted on November 17, 2009 | Comments Off on Oyster Ban Update: Partial Victory!

Remember the raw oyster ban from a recent Regulation of the Day? I am happy to report a partial victory (hat tip to Jacob Grier).

The ban, due to take effect in 2011, has not been repealed outright. But, in response to public outcry, it has been delayed:

The FDA announced it would commission a study to explore alternatives to reducing the illness vibrio vulnificus, and also do an economic analysis of how the ban would impact the oyster industry.

“Before proceeding, we will conduct an independent study to assess how post-harvest processing or other equivalent controls can be feasibly implemented in the Gulf Coast in the fastest, safest and most economical way,” according to an FDA news release.

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