Page:Full Disclosure Appendix, Eighteen Major Cases.djvu/36

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242
Notes to Pages 188–191

draws on several detailed analyses of the Toxics Release Inventory, including Fung and O’Rourke, 2000; Case, 2001; Cohen, 2001; Graham and Miller, 2001; Karkkainen, 2001; Pedersen, 2001; Graham, 2002a; Hamilton, 2005.

35. Graham, 2002a, pp. 46–47.

36. Exec. Order 12,856, 3 C.F.R. 616 (1993); Exec. Order 12,969, 60 Fed. Reg. 40989 (August 8, 1995), revoked by Exec. Order 13,148, 65 Fed. Reg. 24595 (April 21, 2000) (set out as a note in 42 U.S.C . §4321 (2000)).

37. Toxics Release Inventory Burden Reduction, 70 Fed. Reg. 57822 (proposed October 4, 2005) (to be codified at 40 C.F.R. pt. 372).

38. In the late 1990s, the federal EPA did make available Risk-Screening Environmental Indicators software that allowed users to analyze risk in general terms using disclosed toxic chemical data, http://www.epa.gov/opptintr/rsei/index.html .

39. This account is draw n from a longer case study by Mary Graham: Graham, 2002a. For a summary of structural problems, see Graham, 2002a, pp. 47 –49 . For an empirical analysis of impact of disclosure, see Graham and Miller, 2005. On the issue of timeliness, see U.S. EPA, 2004 TRI Public Data Release, April 12, 2006, http://www.epa.gov/tri/tridata/tri04/index.htm.

40. Nutrition Labeling and Education Act of 1990, Pub. L. 101–535, November 8, 1990, 104 Stat. 2353 (codified at 21 U.S.C . §343 et seq. (2000)).

41. This discussion is drawn from a longer case study in Graham, 2002a.

42. These provisions are set forth at 21 U.S .C . 343(q)(1) (2000). See also Statement on Signing the Nutrition Labeling and Education Act of 1990, 26 Weekly Comp. Pres. Docs 1795 (November 8, 1990).

43. See Graham, 2002a, pp. 81–101.

44. Food Labeling: Trans Fatty Acids in Nutrition Labeling , Nutrient Content Claims, and Health Claims, 28 C.F.R . §101.9 (2005).

45. Food Allergen Labeling and Consumer Protection Act of 2004, Pub. L . 108–282, Title II, August 2, 2004, 118 Stat. 905 (codified at 21 U.S .C .A . §374a (West 2005)).

46. This account is draw n from a longer case study in Graham, 2002a.

47. The Institute of Medicine defined errors as failures of planning or execution of a medical treatment. Errors were a subset of adverse events, defined as injuries attributable to medical management rather than to a patient’s underlying condition. Errors were also referred to as preventable adverse events. Institute of Medicine, 1999, pp. 23–30.

48. Institute of Medicine, 1999, pp. 1–3.

49. Institute of Medicine, 1999, pp. 3–13.

50. Institute of Medicine, 1999, pp. 3–13.

51. 10 N.Y. Comp. R & Regs. §709.14 (2005).

52. 28 PA. Code §136.21 (West, Westlaw through May 2006).

53. Patient Safety and Quality Improvement Act of 2005, Pub. L. 109–41, July 29, 2005, 119 Stat. 424 (codified at 42 U.S .C .A. §299b21 et seq. (West, Westlaw through Pub. L. 109–169)).

54. The National Academy for State Health Care Policy publishes periodic summaries of state patient safety laws and practice, http://www.nashp.org/.