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B Law Test 2

TermDefinition
USDA Responsible for regulating meat, poultry, and other food products. Can initiate Legal proceedings against violators
FDCA Provides the basis for the regulation of much of the testing, manufacture, distribution and sale of foods, drugs, cosmetics, and medicinal products
FDA Administers and Enforces the fdca
FDCA Prohibits shipment, distribution or sale of adulterated food, false and misleading labeling of food products
NLEA Nutrition Labeling and Education Act. A federal statute that requires food manufacturers to disclose on food labels nutritional information about the food. Full disclosure of information about serving sizes and nutrients
Drug Amendment FDCA Empowers the FDA to license new drugs. Manufacturers must provide adequate warnings and directions for use. May revoke approval of previously approved drugs. No misbranded/adulterated drugs.
FDA cosmetic requirements Proper labelings, disclosure of ingredients, display of carcinogenic warnings if applicable. Adulterated or misbranded cosmetics prohibited. FDA may remove from commerce cosmetics that contain unsubstantiated claims
Medicinal Device Amendment gives the fda authority to regulate medicinal devices. Mislabeling of medicinal devices is prohibited.
CSPA Consumer product Safety Act- a federal statute that regulates potentially dangerous consumer products. Created the CPSC
CPSC Consumer product safety commission- an independent federal administrative agency empowered to adopt rules and regulations to interpret and enforce the CPSA.
Product and Auto Safety conduct research on the safety of consumer products, collect data regarding injuries caused by consumer products, issue product safety standards on consumer products
Health Care Reform Act (Obamacare) A 2010 federal statue intending to increase the number of those insured and provide protections for insured persons from abusive practices of insurance companies
FTC Act Federal Trade Commission Act- prohibits unfair and deceptive practices including: false and deceptive advertising, bait and switch
False and Deceptive Advertising Contains misinformation or omits important information that is likely to mislead a "reasonable consumer", makes an unsubstantiated claim
Bait and Switch Seller Advertises low-cost merchandise to attract customers. Then seller pressures buyers to upgrade by: refusing to show advertised merchandise, discourages employees from selling advertised merchandise, fails to have adequate quantities of merch.
Door to Door Sales Many states permit consumes to rescind contracts made with d2d sales reps within a set period after signing the contract. FTC Requires salesperson to permit cancellation
Do-not-call registry created by federal law on which consumers can place their names and free themselves from unsolicited commercial phone calls
Fair Credit Reporting Act Enforced by the FTC and Regulates information businesses report about your credit history
Credit Card Act of 2009 Limits interest rate hikes, "universal default", restricts credit for those under 21, more notice on term changes
Administrative Law Law that governments enact to regulate industries, businesses, and professionals
Administrative agencies agencies that governments create to enforce regulatory statutes
State administrative agencies Created by legislative branches of states. Administers state regulatory laws
Local administrative agencies Created by cities, municipalities, and countries. Administers local regulatory law
Administrative Law combonation of substantive and procedural law
Substantive Law The Law that is enforced by and admin agency
Procedural Administrative Law establishes the procedures that must be followed by an administrative agency while enforcing substantive laws
Administrative Law Judge Employee of an admin agency who presides over an administrative hearing and decides question of law and fact
Order Decision issued by an admin law judge
administrative procedure act (APA) a federal statute that establishes procedures to be followed by federal administrative agencies while conducting their affairs
Delegation Doctrine A Doctrine that says when an admin agency is enacted it is delegated certain powers AND agency can use only the legislative judicial and executive powers that are delegated to it
Unreasonable Search and Seizure Any search and seizure by the government that violates the fourth amendment to the us constitution. Evidence from these is inadmissable in court
Freedom of information Allows public access to documents in the possession of fed admin agencies. Exempt from disclose if theY: are classified int he interest of national security or interfere with proceedings
EPA Environmental Protection Agency- created to coordinate implementation and enforcement of federal environmental laws: broad rule-making powers, adjudicative powers
National Environmental Policy Act mandates that federal government must consider the adverse impact a federal government action would have on the environment before the action is implemented
Environmental impact statement document must be propared for any legislation or federal action that affects the quality of the human environment
EIS Must Describe affected environment, describe impact of project, identify and discuss alternatives, list resources to be committed, contain cost-benefit analysis
Clean Air Act enacted in 1963 to assist states in dealing with air pollution
Clean Air Act Amendments Provides comprehensive regulation of air quality in this country
Comprehensive Environmental Response, Compensation and Liability Act (superfund) a federal statute that authorizes the fed govt to deal with hazardous wastes
Workers Compensation Acts compensation paid to workers and their families when workers are injured in connection with their jobs. Workers file a claim, agency determines legitimacy, compensation benefits paid accordingly
Workers comp in states purchase workers compensation insurance or self insure by making payments, if they have the ability
Employment related inujury Injury arises out of and in the course of employment. Covers: physical injuries, stress and mental illness that are employment related
Exclusive Remedy (workers comp) Workers comp is an exclusive remedy, workers cannot sure their employers in court for damages except when employer intentionally injures an employee, can sue third parties to recover damage
Occupational Safety and Health Act OSHA. promotes safety in the workplace imposes record-keeping and reporting requirements on employers
Specific Duty Standards (OSHA Standards) Developed and apply to specific equipment, procedures, type of work, individual industry, unique work conditions, and the like
General Duty Standards (OSHA) Imposes on an employer a duty to provide a work environment that is free from recognized hazards
Fair Labor Standards Act (FLSA) Prohibits child labor, establishes minimum wage, establishes overtime pay
Contested Election type of election contested by the employer
Consent election not contested by the mployer
Decertification election employees may wish to dissolve union
Compulsory subjects (collective bargaining) Wage, hours, and other terms and conditions of employment
Permissive Subjects Not compulsory or Illegal
Illegal subjects cannot be negotiated or agreed upon
Closed Shop Employer agrees to hire only employees who are already members of a union
Union Shop Employers may hire anyone whether he belongs to a union or not but the employee must join the union within a certain time period
Agency Shop employer may hire anyone wheter she belongs to a union or not, but the meployee must pay an agency fee to the union
Strikes Collective bargaining agreement cannot be reached, mandatory 60 day "cooling off period"
Crossover Workers employees who chose not to strike or return to work after joining the strike
Replacement Workers hired on temporary or permanent basis to take place of the striking employees
Civil Rights Act 1964 Outlawed employment discriminated against protected classes: race, color, religion, sex, and national origin
Title VII Employers with 15+ employees, all employment agencies, labor unions with 15+ members, state and local govts and agencies, federal government employment
Disparate Treatment Discrimination discrimination against 1 individual
Disparate Impact Discrimination Employer discriminates against an entire protected class
Remedies for violation of Title VII Back pay and reasonable attorneys fees, equitable relief, including reinstatement and seniority, punitive damages for intentional discrimination
Created by: bethw1124