When industrial standards become law: the use of incorporation by reference in federal and state regulations

Education Session Description: Incorporation by reference is a way for agencies to streamline the regulation process by adopting other rules or standards rather than rewriting them in regulations. The Code of Federal Regulations is published online and free to the public. Incorporation by reference is also used in state regulations. Michigan uses the term “adoption by reference” in its regulations. For example, Michigan regulations on ground water quality and well construction adopt by reference several industrial standards. (See, Mich. Admin. Code R 325.1610). Title 24 of the California Code of Regulations is comprised of various copyright-protected building standards. But, what happens when agencies do not write the regulations and incorporate copyright-protected industrial standards instead? The standards are available at centralized locations in the Washington, DC area (for federal regulations) or state capitals, but members of the public outside of these areas may have to resort to purchasing these standards which have become part of federal and law. This program will look at the role of the information professional in facilitating access to these standards that have become part of our laws.