Category Archives: Regulation of the Day

Regulation of the Day 85: Peddlers

It is illegal to be a peddler in Wisconsin without a license. One of the requirements is five years of residency in Wisconsin. Because clearly, no one is trustworthy unless they’ve lived in Wisconsin for at least five years. The full list of requirements is here.

You can apply for your peddler’s license here.

(Hat tip to Jim Ulbright)

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

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)

Regulation of the Day 83: Citations

The Code of Federal Regulations contains a regulation on how to cite the Code of Federal Regulations. It reads as follows:

The Code of Federal Regulations may be cited by title and section, and the short form “CFR” may be used for “Code of Federal Regulations.” For example, “1 CFR 10.2” refers to title 1, Code of Federal Regulations, part 10, section 2.

See for yourself at 1 CFR 8.9.

Standard citation formats are extremely useful. That would be why, even without regulation’s guiding hand, the private sector evolved the Chicago and MLA styles, among others.

Yet another example of spontaneous order at its finest.

Regulation of the Day 82: Veterinarians

Did you know that the federal government is in the veterinary accreditation business? It’s true. Federal certification requires completion of veterinary school, state certification, plus an orientation course that covers:

(A) Federal animal health laws, regulations, and rules;
(B) Interstate movement requirements for animals;
(C) Import and export requirements for animals;
(D) USDA animal disease eradication and control programs;
(E) Laboratory support in confirming disease diagnoses;
(F) Ethical/Professional responsibilities of an accredited veterinarian; and,
(G) Animal health procedures, issues, and information resources relevant to the State in which the veterinarian wishes to perform accredited duties.

Regulation of the Day 81: Porn

Marginal Revolution’s Alex Tabarrok points to a proposed rule in California that would reclassify adult film actors as being subject to certain employment regulations. The unintended consequences are potentially fatal:

California’s anti-discrimination laws prohibit requiring an HIV test as a condition of employment; therefore the adult film industry’s current testing process, in which every performer is tested for HIV monthly, would be illegal. Nor would adult film producers be allowed to “discriminate” by refusing employment to HIV-positive performers. As a result, untested and HIV-positive performers would be able to work in the industry, raising the risks of HIV outbreaks–particularly since condom breakage or slippage can occur.

Sounds like regulators and activists need to think that one through a little more carefully.

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.

Regulation of the Day 79: Auctioneers in Alabama

It is illegal to conduct an auction without a license in Alabama. Unlicensed auctioneers can be punished with fines of up to $500.

Applicants must pay nearly a thousand dollars for 85 hours of coursework. 8 additional hours are required every two years to keep the license.

It’s worth asking: Does this benefit anyone besides the people teaching the courses and the auctioneers who get to limit the amount of competition they have to face?

Regulation of the Day 78: Green Energy Subsidies

Today’s New York Times has a classic dog-bites-man story. The green energy sector is shedding jobs, despite being given billions of taxpayers’ dollars by Presidents Bush and Obama.

As so often happens, regulators’ efforts to change people’s behaviors aren’t working as hoped.

To paraphrase Jerry Taylor and Peter Van Doren’s work on ethanol subsidies: if it’s commercially viable, then it doesn’t need any subsidies. If it isn’t, no amount of subsidy will make it so.

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)

Regulation of the Day 76: Generic Medication for Farm Animals

If you put chlortetracycline powder in your farm animals’ drinking water to prevent disease, please be aware that a new federal rule now allows you to buy a generic version of the powder if you wish.

Actually, I probably shouldn’t be calling that rule a “rule.” As the new rule states:

This rule does not meet the definition of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because it is a rule of ‘‘particular applicability.’’

Despite the rule being called a rule twice in one sentence, it really isn’t a rule. Probably best to let logicians sort that one out.