Tag Archives: regulation

Regulation of the Day 70: Combustible Dust

combustible dust

OSHA has published a proposed rule to regulate one of the greatest threats to mankind: combustible dust.

It is defined as “all combustible particulate solids of any size, shape, or chemical composition that could present a fire or deflagration hazard when suspended in air or other oxidizing medium.”

Maybe it speaks well of workplace safety if OSHA has made combustible dust one of its highest priorities.

A pessimist might counter that OSHA, having regulated everything else, has been reduced to regulating obscurities in its never-ending search for something to do, and for someone to command.

Unfunded Mandates

money_blowing_away001

Today’s American Spectator Online has a piece by CEI VP Wayne Crews and I on curbing Congressional abuse of  unfunded mandates. If the term is new to you, unfunded mandates are basically an accounting gimmick that lets government understate how much it costs taxpayers:

rather than fund a new federal job training program through a Department of Labor appropriation, Congress could mandate that all Fortune 500 firms provide, and pay for, such training. The first appears on the federal budget, the second does not. For politicians, it’s the perfect scheme. The government can spend — or, rather, force other people to spend — as much as it wants without adding to the deficit.

Decency demands this trickery stop; a bill from Rep. Virginia Foxx looks like it would do some good on that front.

Regulation of the Day 69: Owning More than Three Cats

Crazy_Cat_Lady

A new ordinance in Dudley, Massachusetts makes it illegal to own more than three cats without government consent. (Hat tip: Drudge)

Having solved all of the community’s other problems, regulators now have the time to turn their attention to what is apparently a spat between neighbors. One resident is upset that the 15 cats (!) owned by a neighboring woman have been sullying his yard.

I might suggest that Coaseian bargaining might be a better solution than a law.

A fiat decision in favor of one party will leave at least one disputant dissatisfied. In this case, the cat lady is looking to move to a different town. Why not treat both parties as equals with rights to need to be respected? That approach is far more likely to generate an outcome everyone is happy with.

Presumably the offended neighbor is willing to pay some amount to keep the cats off of his yard. The cat lady is also willing to pay some price to keep her cats. Let them bargain, then. Maybe they can split the cost of building a fence. Whatever they agree on. The point is that there is a missing market here.

Allowing the parties to bargain creates that missing market. It allows the neighbors to come to a peaceful, mutually agreeable solution. Passing a law favoring one over the other is simply unfair.

Regulation of the Day 65: Weighing Animals

weighing_calves

If you sell poultry or livestock, it’s a good idea to weigh them first. Makes it easier for buyer and seller to agree on a fair price.

For some reason, seven sections of the Code of Federal Regulations (see here, here, here, here, here, here, and here) deal with the use and maintenance of the scales used to weigh the animals, the people operating them, proper procedure, and finally, weighing the animals again.

Is this really a federal matter? If so, what isn’t?

Regulation of the Day 64: Starting a Business in Sacramento, California

assembly-line
Sit back and think for a minute about what man has the potential to create. Think about the magnitude of our achievements in just the last century. Life expectancy has doubled. Population has sextupled. For the first time in history, famine is primarily a political phenomenon, not a natural one. The human mind is capable of creating limitless, endless wealth.

Unfortunately, the human mind is nearly as adept at preventing that wealth from being created. Sacramento, California is home to some of the experts.

Katy Grimes researched what it would take to open a small factory there. “By the time I discovered that 22 government agencies would be involved in permitting and licensing, I realized that Sacramento is not an easy place to do business,” she writes.

She’s right. And when doing business is difficult, there is less of it. That means less wealth is created. Opportunities vanish into thin air. One of the tragedies of over-regulation is the amount of wealth, opportunity, and prosperity that never come to pass. Think of how many plants are never opened because of over-regulation. How many jobs are never created. How many products are never invented.

Supporters of strict business regulations say the rules keep people safe. Maybe that’s true. Maybe it isn’t. But they do keep us poorer.

Regulation of the Day 63: Sports Agents in New Hampshire

alg_arod-boras1
It is illegal to be a sports agent in New Hampshire without a Secretary of State-issued certificate (see page 14). Don’t forget your biennial renewal!

Regulation of the Day 62: Government Employees and Texting while Driving

distracted-driving-texting
Many, if not all, people depend on government employees to be positive role models for their children. They can give kids something to which to aspire; to show what they can be if they only work hard and stay in school. To give us all a walking, talking example of a life well lived.

It is in that spirit that Executive Order No. 13513 prohibits federal employees and contractors from texting while driving while on duty.

As the Order reminds us, “With nearly 3 million civilian employees, the Federal Government can and should demonstrate leadership in reducing the dangers of text messaging while driving.” The texting-while driving ban will “set an example for State and local governments, private employers, and individual drivers.”

Regulation of the Day 58: Banning Children from Playgrounds

A new regulation in Kensington, Maryland bans children over five years old from using a local playground between 9:00 am and 4:00 pm.

Officials are upset that children from a nearby private school were using the public playground during recess.

(Hat tip: Drudge)

Regulation of the Day 57: Minimum Price Agreements

A new Maryland law makes it illegal for manufacturers to set a minimum retail price for their products in sales contracts. The law is meant to increase competition. Unfortunately, it will have the opposite effect.

As Wayne Crews and I explain in the The American Spectator, it could prevent retailers from competing with each other on non-price grounds, such as customer service, product demonstrations, and advertising.

Some products, such as televisions or cars, have high information costs. Customers want to know a lot about these products before they commit to a purchase. They want to know what they’re getting. Try before they buy.

By forcing retailers to compete against each other to give customers more and better information and service, minimum price agreements can help consumers get what they want and boost sales at the same time.

Regulation of the Day 56: Kahlua in Ohio

Kahlua contains 20% alcohol in 49 states. But in Ohio, it is 21.5%. Weird, huh?

Turns out regulations are the reason. My friend Jacob Grier pointed me to an article showing that Ohio groups alcoholic beverages into two categories: wine/beer and spirits. Any beverage below 20% alcohol is in the wine/beer category and can be sold in grocery stores. Anything above 20% is classed as a spirit and can only be sold in state-run liquor stores.

Drinkers often mix Kahlua with spirits such as vodka. So the company actually changed its recipe in Ohio to ensure that Kahlua would appear in stores next to its complementary products. The benefit to consumers from this regulatory scheme is unclear.