Legislation Standards Research Articles

Active film incorporated with sorbic acid on pastry dough conservation

Antimicrobial films, 25 and 70 μm-thick, incorporated with 0–6% of sorbic acid, were produced and layered with pastry dough without preservative to evaluate its antimicrobial action. Control pastry dough containing sorbate potassium was layered with low-density polyethylene films (LDPF). The sandwiches (films/pastry dough) were stored in LPDF bags at 8 ± 1 °C. The results of microbiological analyses obtained in the initial time for pastry dough with or without additive complied with the standards of the Brazilian current legislation. After 40 days of storage, the pastry dough layered with 70 μm-thick films, containing 3–6% of sorbic acid had significantly smaller microbial growth than, or equivalent to, the control pastry dough. Pastry dough with 25 μm-thick films, containing 6% sorbic acid, had the psychrotrophic count inferior to the control, and the aerobic mesophilic Staphylococcus spp. counts were 1 log cycle superior. The water activity and the moisture level showed no differences between the treatments throughout the storage time.

Effects of Corporate Governance and Board Equity Ownership on Earnings Quality

There is evidence that insiders can overcome monitoring mechanisms and report low quality earnings, even in firms that meet the new legislative and exchange standards for governance. We show that earnings quality is directly affected by entrenched board members and that both independent and insider board members can become entrenched. We apply the Dechow and Dichev (2002) model of earnings quality to public corporations in the year 2002, and identify entrenchment thresholds associated with earnings quality. Although earnings quality is negatively correlated with insider ownership for entrenched firms, we also find that that the entrenchment effect can be moderated by governance structures. Our findings support a composite of governance factors creating a favorable governance environment as opposed to a single control (independent boards and/or audit committees).

Potential microbiological contamination of effluents in poultry and swine abattoirs.

Health risks in the effluents of seven swine abattoirs and of seven poultry abattoirs were evaluated with regard to environment degradation and to dissemination of pathogenic microorganisms during the rainy and dry seasons. Supply-water samples from affluents and effluents of the treatment systems at different sites within the abattoir processing system were analysed. Similarly, water samples from the three recipient sites (emission point, 100 m upstream, 100 m downstream) were also analysed. Temperature, free residual chlorine (FRC), total coliform bacteria, Escherichia coli, enterococci, identification and serotyping of salmonellae were assessed. Scalding is the most significant stage in the slaughtering chain (P<0.05) when temperature is taken into account. Temperatures at effluents and at the sampled sites in the water bodies accorded to state and federal legislation standards. Supply waters did not meet the standards for FRC and microbial count standards according to the Ministry of Health and within limits imposed by the Industrial and Sanitary Inspection Regulations for Animal Products. Feather plucking and evisceration in poultry slaughter and the cleansing of carcasses and facilities in poultry and swine slaughtering had the highest contamination impact. The three loci at the water bodies were above the microbiological standards for classes II and III sites, in conformity with Law 8468 of the state of São Paulo, Brazil and Conama. Salmonella was found at several sites during slaughter, at both types of abattoirs, including in the effluent treatment system. This showed that these sites were the dissemination sources of the microorganism.

Teacher professional development in Cyprus: reflections on current trends and challenges in policy and practices

This article focuses on in‐service teacher training in Cyprus and points to the necessity for reorganisation of existing practices and reformulation of national policies within the framework of continuous professional development. Examination of this issue results from the need of the educational system to respond to the challenges of the European educational area and overcome the identified inefficiency of the current training scheme. On the basis of the gap between emerging challenges and current practices, policy recommendations are proposed with regard to the organisation as well as the content of a possible training scheme that will incorporate a holistic, long‐term approach to ongoing teacher professional development. Such recommendations include, among others, decentralisation of training provision and funds, as well as multiplicity of providers, along with accountability measures, such as legislative frameworks and quality assurance standards. At the same time, it is suggested that in‐service teacher training should combine national priorities with locally perceived needs and extend beyond taught seminars towards personal study, reflection and alternative modes of professional development. Finally, it is recommended that in‐service evaluation mechanisms should be established to maximise effectiveness through links to school improvement.

Can Florida's Legislative Standard of Review for Small-Scale Land Use Amendments Be Justified?

ABSTRACT This article examines the legal justification and practical application of recent Florida Supreme Court decisions classifying all comprehensive plan amendments as legislative decisions and all other zoning changes as quasi-judicial. The author outlines historical trends and concerns relating to the appropriate standard of judicial review for zoning actions, followed by a review of the evolution of the statutes and case law in Florida. The article challenges the standard of deference for legislative review of zoning actions based on separation of powers and due process. It also identifies inconsistencies in Florida case law and inequities in local government processes for reviewing small-scale amendments and rezonings. The article concludes that classifying all amendments as legislative is not adequately reasoned or justified and leads to inconsistent and inequitable results. In addition, it provides recommendations for legislative reform. CONTENTS I. INTRODUCTION II. BACKGROUND A. Zoning and Comprehensive Planning B. Standards for Judicial Review of Zoning Decisions 1. Classifying Zoning Decisions Based on Effect on Policy 2. Decisions and Commentaries on Classifying Zoning Decisions 3. Procedure for Challenging Zoning Decisions C. Zoning Practices and Abuses 1. Examples of Abuses and Deficiencies 2. Comment from Courts on Abuse 3. Commentaries on Alternative Standards of Review III. FLORIDA LAW FOR PLAN AMENDMENTS AND REZONINGS A. Administrative Procedures for Amendments and Rezonings 1. Amending a Comprehensive Plan 2. Special Requirements for Small Scale Amendments Table 1: Differences Between Standard and Small-Scale Amendments 3. Comparing Small-Scale Amendments and Rezoning B. Florida Supreme Court Decisions Affecting Standards of Review for Rezonings and for Plan Amendments 1. Snyder Functional Analysis Test for Classifying Zoning Decisions 2. Yusem Holds that Comprehensive Plan Amendments are Legislative Decisions 3. Courts' Applications of Snyder and Yusem 4. Coastal Extends Bright-Line Rule to Small-Scale Amendments IV. ANALYSIS OF THE LEGISLATIVE STANDARD OF REVIEW FOR SMALL-SCALE AMENDMENTS A. Challenging the Legislative Standard of Review for Zoning Actions 1. Local Governments do not Provide True Separation of Powers 2. Legislative Decisions Lack Due Process 3. Balancing the Efficiency of the Legislative Review Standard Against the Potential for Abuse B. Inequity and Lack of Consistency in Classifying Small-Scale Amendments as Legislative Decisions 1. Small-Scale Amendments, Unlike Standard Amendments, Are Not Policy Requiring the Fairly Debatable Standard 2. The Adoption Processes for Small-Scale Amendments and Rezonings are Similar, but their Classifications Differ 3. Classifying all Rezoning as Quasi-Judicial is Inconsistent with Snyder's Functional Analysis Table 2. Classification of Zoning Decisions from Florida Supreme Court Opinions 4. The Yusem-Coastal Rule is not Consistent with the Statutory Differences Between Small and Large Scale Amendments V. CONCLUSIONS A. Small-Scale Amendments Are Not Policy B. Land Use Action Classifications are Inconsistent and Conflicting C. Lack of Procedural Due Process Is a Concern for Local Land Use Decisions D. The Court's Reasons for the Fairly Debatable Standard are Not Convincing E. Recommendations for Legislative Reform I. INTRODUCTION To rezone a 1.3 acre plot from residential low-density to commercial community-general, the City of Jacksonville exercised a state-mandated two stage process that entailed reviewing policy implications and submitting a copy of the proposed change to a state agency. …

Compliance decision criteria—problems encountered and actions taken in the EU and Codex

It is now recognised that there is an intimate relationship between the final analytical result and the sampling, the measurement uncertainty and the recovery factor used to obtain that result. Within the food sector in the EU this was identified by the SCOOP Task 9.1 “Preparation Of A Working Document In Support Of The Uniform Interpretation Of Legislative Standards And The Laboratory Quality Standards Prescribed Under Directive 93/99/EEC”. The recommendations from this Report have been accepted in the Food Contaminants and the Undesirable Substances in Feed Sectors. These are given in the SANCO document “Report To The Standing Committee On The Food Chain And Animal Health On The Relationship Between Analytical Results, The Measurement Uncertainty, Recovery Factors And The Provisions In EU Food And Feed Legislation With Particular Focus On The Community Legislation Concerning: (A): Contaminants In Food (Council Regulation (EEC) No 315/93 of 8 February 1993 Laying Down Community Procedures For Contaminants In Food), and (B): Undesirable Substances In Feed (Directive 2002/32/EC Of The European Parliament And Of The Council Of 7 May 2002 On Undesirable Substances In Animal Feed).” Similar considerations were identified in the Codex Alimentations Commission where the guidelines “The Use Of Analytical Results: Sampling, Relationship Between The Analytical Results, The Measurement Uncertainty, Recovery Factors And The Provisions In Codex Standards” are being progressed through the Codex system. Both of these Reports stress that before deciding whether a sample is in compliance with a legislative limit the uncertainty should be deducted and the results corrected for recovery. Thus that there is a difference between the legal specification and enforcement limit will be stressed and that this should be appreciated when specifications are being set. The rationale behind the Reports is described.

Impactos ambientais do lançamento de efluentes da carcinicultura em águas interiores

A bacia do Baixo Jaguaribe-CE depara-se com a instalação progressiva de fazendas de camarão às margens do rio Jaguaribe onde não há interferência de água salina. Esse trabalho tem como principal objetivo avaliar as características físicas, químicas e bacteriológicas dos efluentes contínuos e da despesca de fazendas de camarão, refletindo sobre os possíveis impactos do lançamento desses efluentes e formas de atenuação desses impactos. Foram analisadas amostras da água de captação e dos efluentes de dois viveiros de duas diferentes fazendas. Os parâmetros analisados para os efluentes contínuos foram: pH, turbidez, nitrato, amônia total, condutividade elétrica, DBO5, fósforo total, fósforo solúvel, alcalinidade total, sólidos totais, sólidos totais dissolvidos, sólidos suspensos, coliformes termotolerantes e clorofila a. Para os efluentes da despesca foram acrescentados OD e a fração de sólidos sedimentáveis. Os resultados mostraram que, embora os efluentes contínuos se apresentem dentro dos padrões estabelecidos pela legislação, na despesca os valores obtidos para pH, amônia total, sólidos suspensos e sedimentáveis estão acima dos valores permitidos contribuindo para a deterioração progressiva da qualidade da água dos corpos hídricos da região.

Adecuación de las restricciones físicas y farmacológicas en los ancianos institucionalizados: estudio comparativo en Québec y la Suiza Romanda, con implicaciones en nuestro medio

Objective a) to examine intra- and inter-country variability in the use of physical restraints and psychotropic medication in institutionalised people older than 65 in Quebec and in Romande, Switzerland, and b) to study the applicability of the results to future studies in Spain. Material and method data were collected through PLAISIR, an information system on persons institutionalised in Quebec and French-speaking Switzerland used for financing and planning, resource allocation and management, utilisation control and quality assurance. Data were obtained from all new admissions to 179 institutions in Quebec (n =8183) and to 250 institutions in Switzerland (n =7592) in 1998. Physical restraints were classified into fixed and mobile. Daily and weekly uses of psychotropic medication were coded by defined daily doses. The prevalence of the use of physical restraints and psychotropic medication were estimated and an index of the appropriateness of the use of each was calculated by an indirect adjustment method. A logistic regression model on the use of both types of restriction based on residents’ health and functional status was calculated to estimate expected values of use. Results the rate of dependency was high in residents of both regions. Approximately 80% of residents in French Switzerland and 90% of those in Quebec were dependent for activities of daily living. Intra- and inter-country variability in the use of restrictions is high: psychotropic medication was more often used in French Switzerland (78%) than in Quebec (67%), while physical restraints were more often used in Quebec (76%) than in French Switzerland (40%). The appropriateness of use varied widely within both regions and cannot be fully explained by the characteristics of the residents. Conclusions the high variability in the use of physical restraints and psychotropic medication may be a result of the absence of standards of quality and/or legislation both in Quebec and in French Switzerland. This research illustrates a method that could be useful to investigate the prevalence and appropriateness of the use of these restriction methods in Spain.

Sustainable housing—is it legal?

Most construction professionals would expect to be conversant with the relevant legislation relating to building and development: the Building Act and its approved documents, the Town and Country Planning Act, the Planning Policy Statements, the Contaminated Land Regime and the Control of Pollution Act probably spring to mind. What about sustainable housing? What legislation should be considered when thinking about housing in the context of its social, environmental and economic aspects? What issues are relevant for housing rather than houses? This paper explores the regulatory framework for sustainable housing in England and Wales, and identifies sources of information. It emerges that sustainable housing may be covered by a complex network of policy aims and guidelines, but there is little that requires housing providers to take sustainability into account unless they wish to obtain funding from bodies such as the Housing Corporation and English Partnerships. The paper does not set out construction legislation or technical standards, but seeks to identify issues of wider sustainability and discusses the issues involved in describing ‘sustainable development’ in legal terms.

Time Limitations on Applications for Judicial Review

In most Australian jurisdictions there are limitations on the time within which proceedings for judicial review of governmental acts (or for particular remedies) are to be commenced. Some such limitations are imposed by statute, some by rules of court. In some cases the relevant court of supervisory jurisdiction is authorised to extend the time. But in other cases there is no discretion to extend the time. This article examines the justifications which have been offered for imposition by legislation of limits on the time within which applications for judicial review are to be made. It surveys Australian legislation on the subject and examines the legal effects of such legislation. The article also considers reasons why it may be thought desirable to give courts authority to extend prescribed time limits and the associated question of whether exercise of that authority should be regulated by legislative standards. The article also examines the factors which the Federal Court has considered relevant in the exercise of its discretionary power to extend time under s 11 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) ('ADJR Act'), a section which is substantially reproduced in s 10 of the Administrative Decisions (Judicial Review) Act 1989 (ACT), s 26 of the Judicial Review Act 1991 (Qld) and s 23 of the Judicial Review Act 2000 (Tas).1

Israel and a Euro-Mediterranean internal market

This article briefly surveys existing barriers to European Community (EC)-Israel trade in the sectors and fields of co-operation that the Commission and the Euro-Mediterranean ministerial conferences have identified as important to the formation of a Euro-Mediterranean internal market. In each issue area, the article describes the Israeli commitments under the Association Agreement and relevant multilateral agreements, and the practice of EC-Israeli exchange. The general conclusion is that while Israel aspires to OECD (Organization for Economic Co-operation and Development) institutional and legislative standards, die-hard monopolies still persist in various sectors, and well-intentioned government officials still believe in the need for government planning and regulation in many sectors.

Effect of Company Size on Occupational Health and Safety

It is mandatory in all Australian jurisdictions for construction companies to provide a safe working environment for their workers and sub-contractors. Consequently, occupational health and safety (OHS) is a major issue for construction companies mainly due to the fear of prosecution. The introduction of zero tolerance by the Victorian government “WorkCover Authority” in 1999 provided increased legislative OHS standards for the construction industry. This has placed an increased burden on construction companies especially small firms that are not in a position of financial strength.This research is based on benchmarking study of OHS performance of 44 construction companies in Victoria, Australia. The results show that the size of the company is a major contributing factor to their OHS performance. Small companies employing less than 25 employees have comparatively low levels of OHS performance compared to larger firms. Company size is a limiting factor that impacts on the ability of small firms to implement comprehensive OHS plans. This research calls into question that notion that increasing legislative requirements will improve OHS outcomes.

Assessing Animal Welfare at the Farm and Group Level: A United States Perspective

AbstractThe United States has traditionally lagged behind Europe in the adoption of voluntary or legislated standards for the care and treatment of animals on farms. US federal legislation of farm animal practices is minimal, confined to aspects of livestock transport and slaughter. Although some of the livestock and poultry producer (commodity) groups wrote guidelines, codes of practice, or statements regarding the humane treatment of animals in the 1980s, these were usually very general statements of current industry practice, developed with little consultation with independent experts and involving no mechanism for encouraging or ensuring compliance by producers. However, this has changed dramatically in the last few years, with an increasing trend among US retailers to require their suppliers to adopt minimum animal welfare standards. The major chain restaurants and supermarkets are working through their trade organisations, the National Council of Chain Restaurants and the Food Marketing Institute respectively, and with the commodity groups, to develop a uniform set of standards and a national auditing program. Standards and auditing programs have already been approved for dairy cattle, laying hens and meat chickens, and for slaughter, including ritual slaughter (kosher and halal). The process of setting auditable standards is complicated by the lack of legislative underpinning, the scope of the auditing that will be required because of US farm sizes and the large distances between farms, and the varying levels of expertise of potential auditors. For these reasons, ‘engineering-based’ auditing criteria that are relatively easy to measure and to standardise are more common. There are both strengths and potential weaknesses of retail-driven rather than legislatively driven animal welfare standards. Regardless, the recent changes in the US possibly pave the way for increasing dialogue between Europe and the US on farm animal welfare issues.

Water quality of the Canchim’s creek watershed in São Carlos, SP, Brazil, occupied by beef and dairy cattle activities

The Canchim’s creek watershed in São Carlos, SP, Brazil, was chosen to evaluate water quality affected by dairy and beef cattle production systems based on tropical pasture. The water samples were collected monthly, during three years, at six sampling points: spring in a tropical forest, spring in an intensive dairy production system, two dam springs, and stream water upward and at the delta. Results showed differences (P&lt;0.01) among sampling points for the mean parameters. True color, hardness, turbidity, electric conductivity, alkalinity, pH, chemical oxygen demand and consumed oxygen explained well differences among sampling points. According to current legislation standards, water quality fitted with most of the established parameters for class 2, with exception of phosphate and iron. The high levels of total phosphorus, except in the forest spring, classified this water in an eutrophic class, even where soil and water conservation practices were considered adequate.

A decontamination process to remove metals and stabilise Montreal sewage sludge.

The Montreal Urban Community (MUC) treatment plant produces approximately 270 tons of dry sludge daily (tds/day) during physicochemical wastewater treatment. The sludges are burned and contribute to the greenhouse effect by producing atmospheric CO2. Moreover, the sludge emanates a nauseating odour during its thermal stabilisation and retains unpleasant odours for the part (25%) that is dried and granulated. To solve this particular problem, the treatment plant authorities are currently evaluating an acidic chemical leaching (sulfuric or hydrochloric acid) process at a pH between 2 and 3, using an oxidizing agent such as ferric chloride or hydrogen peroxide (METIX-AC technology, patent pending; [20]). They could integrate it to a 70 tds/day granulated sludge production process. Verification of the application of METIX-AC technology was carried out in a pilot plant set up near the sludge production plant of the MUC. The tests showed that METIX-AC technology can be advantageously integrated to the process used at the MUC. The residual copper (274 ± 58 mg/kg) and cadmium (5.6 ± 2.9 mg/kg) concentrations in the treated sludge meet legislation standards. The results have also shown that odours have been significantly eliminated for the dewatered, decontaminated, and stabilized biosolids (> 97%) compared to the non-decontaminated biosolids. A high rate of odour elimination also was obtained for the liquid leached biosolids (> 93%), compared to the untreated liquid biosolids. The fertilising value (N and P) is well preserved by the METIX-AC process. Dissolved organic carbon measurements have showed that little organic matter is brought in solution during the treatment. In fact, the average concentration of dissolved organic carbon measured in the treated liquid phase is 966 ± 352 mg/l, whereas it is 1190 ± 325 mg/l in untreated sludge. The treated sludge was first conditioned with an organic polymer and a coagulant aid. It was successfully dewatered with various dehydration equipments (filter press, rotary press, centrifuge).

Development and Application to a Real Scenario of a Design for Environment Methodology for Power Plants

Power plants use burning processes with a heavy environmental impact. Traditional design models aim to optimize economic and thermodynamic performances. Owing to the new sensitivity arising towards the environment, power generation design must respect the environment. Today no standardized design criteria exist; the present work aims to elaborate a specific methodology for power plants consisting of a predictive instrument (the Environmental Impact Evaluation), a management tool (the Environmental Management System), and a series of environmental studies and checks. After showing the methodology, the authors tested it with an application to a real scenario: the heat and electrical power needs of a pharmaceutical firm. Cogeneration seemed to be the best available technology from an economic and environmental point of view. In the proposed case study, all possible impacts have been quantified verifying legislative standards and accomplishing the ISO 14000.

Stigma assessment: the case of a remediated contaminated site

The “stigma” associated with remediated contaminated land is the blighting effect on property value caused by perceived risk and uncertainty. Uncertainties relate to negative intangible factors such as the inability to effect a total “cure”, the risk of failure of the remediation method, the risk of changes in legislation or remediation standards, the difficulty in obtaining finance, or simply a fear of the unknown. Post‐remediation “stigma” is the residual loss in value after all costs of remediation, including insurance and monitoring, have been allowed for. It equates to the difference in value between a remediated contaminated site and a comparable “clean” site with no history of contamination. The initial results from a study of the market sales data of post‐remediated vacant residential land along the Swan River, in Perth, Western Australia, from 1992‐1998 are summarized. The aim of this ongoing research is to estimate the amount of “stigma” arising from a site’s contamination history and measure the effect of this on residential property values of remediated property. The results show that while a site’s contamination history impacts negatively on property prices, the price decreases are offset by the positive influence on price from additional amenities provided in the case study neighbourhood.

Flexibility, Harmonization and the Single Market in EU Environmental Policy: The Packaging Waste Directive

This article explores problems surrounding the implementation of European Union (EU) environmental policy within Member States. It focuses on harmonization and flexibility within the implementation process, from both a free‐trade and an environmental perspective. The context is the Packaging Waste Directive, legislation requiring Member States to establish packaging waste recycling systems. The directive has encouraged Member States to employ economic instruments in the implementation process, a strategy which has led to the development of various national packaging waste systems. As a result, differences between the British and German approaches to environmental policy have become apparent, despite the adoption by both of systems based on economic instruments. The two national models are contrasted and the extent to which flexible implementation has produced harmonized legislative standards, threats to free trade, and improved environmental quality are reviewed. The article proposes that where relatively peripheral conflicts between the operation of the single market and environmental policy objectives occur, genuine environmental protection measures should not automatically be impeded by free‐trade technicalities.

The development of management strategies for control of virological quality in oysters

This laboratory has previously described the development of a PCR method for the detection of small round structured viruses (SRSVs) in shellfish and the use of male-specific RNA bacteriophages as “viral” indicators to predict the occurrence and behaviour of such viruses in shellfish. We now describe the application of these procedures to monitor oyster harvesting areas, shellfish treatment processes and products sold to the consumer. Oysters are traditionally consumed raw and can be treated to enable them to meet the legislative end-product standard of &amp;lt;230 E coli/100g. Treatment options include purification (depuration) in tanks of clean seawater or relaying in clean seawater for a suitable period. These procedures are effective for enabling shellfish compliance with the existing bacterial end product standard but do not guarantee viral protection for the consumer. This study initially investigates the efficiency of these treatment processes for reducing viral contamination in sewage-contaminated oysters. Initial levels of viral pollution in oysters were found to be critical to the success of post-harvest treatment processes. Additionally, the success of depuration and relaying for virus removal was found to be dependent on the duration of the process and on factors affecting shellfish metabolic activity such as the water temperature. We demonstrate that by using male-specific RNA bacteriophage as an indicator of viral pollution combined with SRSV monitoring it is possible to derive management strategies for more effective control of the virological quality of oysters. Male-specific RNA bacteriophage monitoring of final products prior to sale to the consumer provided an effective quality control mechanism. We discuss the combined use of these new monitoring tools for more effective management of the virological quality of oysters sold to the consumer.

La constitutionnalisation du principe d'égalité hommes/femmes en Suisse et le processus de concrétisation

The voting rights of the women in the federal votings has been tardily adopted — 1977 —. Despite the resistance to change of some cantons, the votation of June 1981 registers the equal rights of men and women in the Constitution. This rule prescribes the suppression of many discriminations. The second component of these new fundamental rights puts the legislator in charge of making use of the equality, especially in the domains offamily, instrution and work. But the third component consists in a right to an equal pay for an equal work which is directly applicable. In concrete terms, the process of concretisation of the components of this fundamental right turned out to be slower and more complex thon what was expected. Several factors should be mentionned. In particular the prohibition of discriminations base on sex could notfind an optimal realization by the federal court, which has to apply the federal laws in force because of the article 113 of the Constitution. Moreover the adoption of new legislative standards is slowed down by specifie practices of the swiss democracy. However the rules of the European Community legislation are sujficiently important references to be taken in account. The federal law adopted in 1995 tries to bring a first answer in its entirely by materializing several components of this fundamental right. But there are still choices to make, in particular the opportuneness of taking positive discrimination measures towards women.