Sentences with phrase «federal and state regulations which»

Not exact matches

These regulations are handed down from several federal agencies, including the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA), and various state agencies, which implement laws in the realms of worker's compensation, employee protection, and other areas.

There's just no good outcome there,» said Richard Patch, vice president of federal affairs for the ASPCA, which pursues regulation of wild - animal ownership and trade at both the federal and state level.

In just one month since the Parkland shooting, the gun control movement has made some small gains: The Florida state legislature passed new firearm regulations, and the federal spending bill signed by President Trump on Friday contains modest steps toward tightening the nation's gun laws, including the Fix NICS Act, which strengthens the background - check system for gun purchases.

Federal and state laws and regulations are complex and subject to change, which can materially impact your results.

They exist beyond the laws and regulations of state and federal governments, which until mid-century were used by states and nations to curb the excessive power of huge business enterprises.

Blake assures WKS stays in compliance with all labor and employment laws — especially important for a company based in California, which has complex state and local employment regulations which are often more stringent than the federal rules.

Additionally, ABWI requires member bottlers to adhere to the ABWI Bottled Water Model Code, which mandates additional standards and practices that, in some cases, are more stringent than federal and state regulations.

As of now, regulations regarding nutrition and physical activity practices in child - care settings are limited and vary widely among and within U.S. states (the regulation of formal child - care settings primarily occurs at the state level though Head Start programs, which are subject to federal performance standards).

A recent example: California attempted to ban the sale of foie gras if it was produced by the forced feeding of geese (even if that feeding occurred in another state), and a company attempted to claim that the state law was preempted by a federal law which said that states can not impose ingredient requirements different than the federal regulations.

«Agricultural practices» shall mean all activities conducted by a farmer on a farm to produce agricultural products and which are inherent and necessary to the operation of a farm including, but not limited to, the collection, transportation, distribution, storage and land application of animal wastes; storage, transportation and use of equipment for tillage, planting, harvesting, irrigation, fertilization and pesticide application; storage and use of legally permitted fertilizers, limes and pesticides all in accordance with local, state and federal law and regulations and in accordance with manufacturers» instructions and warnings; storage, use and application of animal feed and foodstuffs; construction and use of farm structures and facilities for the storage of animal wastes, farm equipment, pesticides, fertilizers, agricultural products and livestock, for the processing of animal wastes and agricultural products, for the sale of agricultural products, and for the use of farm labor, as permitted by local and state building codes and regulations; including construction and maintenance of fences and lanes; «Agricultural products» shall mean those products as defined in subdivision 2 of section 301 of the agriculture and markets law; «Farm» shall mean the land, buildings and machinery usable in the production, whether for profit or otherwise, of agricultural products;

Agricultural practices conducted on farmland shall not violate the public policy of Erie county if such agricultural practices are: (i) reasonable and necessary to the particular farm or farm operation; (ii) conducted in a manner which is not negligent or reckless; (iii) conducted in conformity with generally accepted agricultural practices; (iv) conducted in conformity with all local, state and federal laws, ordinances and regulations; (v) conducted in a manner which does not constitute a threat to public health and safety or cause injury to health and safety of any person; and (vi) conducted in a manner which does not unreasonably obstruct the free passage or use of navigable waters or public roadways.

The state filed that suit in 2008 to block the transfer of 13,000 acres of Oneida nation land into federal trust, which would make the land tax - exempt and free of state regulations.

HUD, which provides NYCHA with nearly 70 % of its operating budget and almost all its capital funding, requires NYCHA to certify in writing that it's complying with all local, state and federal laws and regulations.

Some items which ordinarily should be state matters like police, prisons, stamp duties, taxation of incomes, profits and capital gains, regulation of tourist traffic, registration of business names, incorporation of companies, traffic on federal truck roads passing through states, trade, commerce and census among others were transferred from the Concurrent to the Exclusive List.

Both the FDA and the Federal Trade Commission found the practices «improper and likely in violation of statutes and regulations,» stated the GAO report, which was delivered as testimony to Congress on May 26.

The CEL is planning a legal challenge to the state government for breaking its own fisheries regulations and for contravening the federal government's forest conservation act, which protects the sanctuary.

According to NIH spokesperson Donald Ralbovsky, NIH's position is based on the statute, regulations, and policies authorizing the Kirschstein NRSA awards, which are, respectively, 42 United States Code 288; 42 Code of Federal Regulations, Part 66; and NIH Manual Charegulations, and policies authorizing the Kirschstein NRSA awards, which are, respectively, 42 United States Code 288; 42 Code of Federal Regulations, Part 66; and NIH Manual ChaRegulations, Part 66; and NIH Manual Chapter 54810.

Regulations and guidance can create a «safe place» for forward - leaning state and local leaders that want to align their federal funds with their own decisions — and dollars — by which to expand school choice.

The U.S. Department of Education in 2003 approved the state's accountability plan, which was designed to meet federal guidelines and regulations associated with NCLB.

Both regulations were clearly beyond the purview of the federal government and not in keeping with the spirit of ESSA, which, ostensibly, sought to restore some control over education to the states.

They show that 1) Different academic indicators measure very different aspects of school performance, suggesting that states should be allowed and encouraged to make full use of multiple measures to identify schools in the way they see fit instead of reporting a summative rating; 2) The ESSA regulations effectively restrict the weighting of the non-academic «School Quality and Student Success» indicators to zero, which is not in the spirit of the expanded measurement; and 3) The majority of schools will be identified for targeted support under the current regulations, suggesting the need for a clarification in federal policy.

Third, the solution needs to be something that can be crafted by implements in the federal toolkit, which is basically limited to financial incentives, regulation of state and district practices, research and data, and litigation or the threat thereof.

The participating schools have spent significant time refining a shared evaluation program such that it meets local and state regulations (New York and New Jersey) and federal guidelines for the Teacher Incentive Fund (TIF — the program through which the PICCS project is funded).

AASA, the School Superintendents Association, highlighted a joint letter on the Dept. of Education's proposed «supplement, not supplant» regulations, which called them «far - reaching federal mandates» that are «in conflict with the spirit and intent of the underlying statute, which is premised on state and local...

Given the unique understanding of their communities and vital role school boards have, federal regulations should empower state and local leaders to make decisions, which Congress clearly intended when it passed ESSA.

After all, Brown knows full well that any attempt to withhold federal funding will be challenged by Golden State's influential congressional delegation (including House Minority Leader Nancy Pelosi and Sen. Dianne Feinstein); the former state attorney general is also likely betting that the U.S. Supreme Court's ruling last year on the Affordable Healthcare Act, which effectively makes it impossible for the federal government to withhold subsidies from states for not implementing new regulations, can also be applied to what the administration can do on the education policy fState's influential congressional delegation (including House Minority Leader Nancy Pelosi and Sen. Dianne Feinstein); the former state attorney general is also likely betting that the U.S. Supreme Court's ruling last year on the Affordable Healthcare Act, which effectively makes it impossible for the federal government to withhold subsidies from states for not implementing new regulations, can also be applied to what the administration can do on the education policy fstate attorney general is also likely betting that the U.S. Supreme Court's ruling last year on the Affordable Healthcare Act, which effectively makes it impossible for the federal government to withhold subsidies from states for not implementing new regulations, can also be applied to what the administration can do on the education policy front.

One proposed regulation that exemplifies this conflict over federal versus state control of ESSA implementation details — and also alarmed educators who testified at the hearing — is the single, summative rating for every school, which the law does not require.

the broader context in which they must function as school leaders, including federal and State regulations and the unique expectations and needs of their school, district and community — at — large

In 2013, she published a law review article in the ABA Journal of Labor and Employment Law titled «Federal Regulations of State Pension Plans: The Governmental Plan Revisited,» which explored the impact of federal rulemaking on the eligibility of quasi-public entities to offer state pension benefits to their empFederal Regulations of State Pension Plans: The Governmental Plan Revisited,» which explored the impact of federal rulemaking on the eligibility of quasi-public entities to offer state pension benefits to their emploState Pension Plans: The Governmental Plan Revisited,» which explored the impact of federal rulemaking on the eligibility of quasi-public entities to offer state pension benefits to their empfederal rulemaking on the eligibility of quasi-public entities to offer state pension benefits to their emplostate pension benefits to their employees.

(B)(i) that such unit shall be located at an organizational level and shall have an organizational status within such State agency comparable to that of other major organizational units of such agency, or (ii) in the case of an agency described in clause (1)(B)(ii), either that such unit shall be so located and have such status, or that the director of such unit shall be the executive officer of such State agency; except that, in the case of a State which has designated only one State agency pursuant to clause (1) of this subsection, such State may, if it so desires, assign responsibility for the part of the plan under which vocational REHABILITATION services are provided for the blind to one organizational unit of such agency, and assign responsibility for the rest of the plan to another organizational unit of such agency, with the provisions of this clause applying separately to each of such units; provide for financial participation by the State, or if the State so elects, by the State and local agencies to meet the amount of the non - Federal share; provide that the plan shall be in effect in all political subdivisions, except that in the case of any activity which, in the judgment of the Secretary, is likely to assist in promoting the vocational REHABILITATION of substantially larger numbers of handicapped individuals or groups of handicapped individuals the Secretary may waive compliance with the requirement herein that the plan be in effect in all political subdivisions of the State to the extent and for such period as may be provided in accordance with regulations prescribed by him, but only if the non - Federal share of the * cost of such vocational REHABILITATION services is met from funds made available by a local agency (including, to the extent permitted by such regulations, funds contributed to such agency by a private agency, organization, or individual);

The term «Federal share» means 80 per centum, except that it shall mean 90 per centum for the purposes of part C of title I of this ACT and as specifically set forth in section 301 (b)(3): Provided, That with respect to * payments pursuant to part B of title I of this ACT to any State which are used * to meet the costs of construction of those REHABILITATION facilities identified in section 103 (b)(2) in such State, the Federal share shall be the percentages determined in accordance with the provisions of section 301 (b)(3) applicable with respect to that State and that, for the purpose of determining the non - Federal share with respect to any State, expenditures by a political subdivision thereof or by a local agency shall, subject to such limitations and conditions as the Secretary shall by regulation prescribe, be regarded as expenditures by such State.

The DOT agencies (the Federal Aviation Administration [aviation], the Federal Motor Carrier Safety Administration [trucking], the Federal Railroad Administration [rail], the Federal Transit Administration [mass transit] and the Pipeline and Hazardous Materials Safety Administration [pipeline]-RRB- and the United States Coast Guard (USCG)[maritime] each have industry specific regulations which in total cover approximately 12.1 million transportation employees who perform safety - sensitive functions.

-- If final regulations have not been issued pursuant to this section, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under this section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under section 303, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 504 (a) of this Act, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.

AIG's failure was possible because of the sweeping deregulation of over-the-counter (OTC) derivatives, including credit default swaps, which effectively eliminated federal and state regulation of these products, including capital and margin requirements that would have lessened the likelihood of AIG's failure.

Federal and state laws and regulations are complex and subject to change, which can materially impact results.

A loan agreement should be in compliance with state and federal regulations, which will protect both lender and borrower should either side fail to honor the agreement.

Company shall not be responsible for any lender or aggregates contact with you or any subsequent agreement you may enter into with such lender or aggregator; and (vii) Your use of the Services on this Website is subject to all applicable federal, state and local laws and regulations; (viii) You also give us permission to send you periodic updates of services and products which may be of interest to you through email, mail, or telemarketing.

(3) Notwithstanding any other provision of this chapter to the contrary, if the administrator finds that an immediate danger to the public health, safety, or welfare requires adoption of a regulation upon fewer than 35 days» notice or that action is required by or to comply with a federal statute or regulation which requires adoption of a regulation upon fewer than 35 days» notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency regulation.

Ordinary income and capital gain distributions are determined in accordance with federal income tax regulations, which may differ from accounting principles generally accepted in the United States of America.

An additional overarching standard would remind operators to know and comply with applicable federal, state and local regulations and restrictions — both in a facility's location and in other jurisdictions through and to which animals are being transported.

· Labeling of all prescription medication dispensed to animal owners be labeled in accordance with state and federal law · Requiring all animal shelters operating and providing veterinary services in South Carolina be subjected to the regulation of the South Carolina Board of Veterinary Medical Examiners · Veterinarians providing veterinary services in animal shelters prepare written or electronic records concerning the animals in their respective care and maintain these for a minimum of three years · Animal shelters prepare and maintain records documenting the number of animals admitted to the facility and the method by which those animals exit the facility, whether by adoption, fostering, natural death, euthanasia, transfer to another state, or other means of discharge · Establishes a study committee for animal care and welfare issues in South Carolina · A mobile practice affiliated with, operated by, or supported by a public or private nonprofit animal shelter is prohibited from operating within eyesight of the nearest privately owned veterinarian practice.

You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.

«AAFCO» refers to the Association of American Feed Control Officials, which is a voluntary, non-governmental membership association of local, state and federal agencies that are charged by law with the regulation of the sale and distribution of animal feed, including pet food;

Summerland Offshore Oil Field is a separate field in the Santa Barbara Channel about one and a half miles offshore, but within the 3 - mile limit inside of which oil leasing is subject to state rather than federal regulation.

-- Not later than 3 months after the date of adoption by the Commission of national electricity grid planning principles pursuant to paragraph (1), entities that conduct or may conduct transmission planning pursuant to State, tribal, or Federal law or regulation, including States, Indian tribes, entities designated by States and Indian tribes, Federal Power Marketing Administrations, transmission providers, operators and owners, regional organizations, and electric utilities, and that are willing to incorporate the national electricity grid planning principles adopted by the Commission in their electric grid planning, shall identify themselves and the regions for which they propose to develop plans to the Commission.

As I understand it — and since I don't lunch with the CEO on a regular basis, my understanding could be off — among the driving factors are a) state regulation setting % requirements for renewables (which does not necessarily have to be related to AGW concerns) and b) state and federal credits.

On this Halloween eve, it is truly frightening to grasp the extent to which America's politicians, policies, laws, regulations, energy, economy, jobs, and future are controlled by a cabal of stealthy billionaires — who receive billions from state and federal government agencies, and use those riches to become even wealthier, more powerful, and more in control of our lives, livelihoods, living standards, and liberties.

Even if that is the case, any decision on jurisdiction will have wide - ranging implications for the power sector, which has been caught in the balance between federal and state - level policy and regulation.

In many cases, the regulation of common carriers falls under state and federal law, which enforces a duty of care that buses and other common carriers must follow, such as:

These include: United States v. Resendiz - Ponce, which presents the question whether the omission of an element from a federal indictment can constitute harmless error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture ofederal indictment can constitute harmless error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture oFederal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture on them.