trade regulation

The terms commerce and trade are often used interchangeably, with commerce referring to large-scale business activity and trade describing commercial traffic within a state or a community. The U.S. Constitution, through the Commerce Clause, gives Congress exclusive power over trade activities between the states and with foreign countries. Trade within a state is regulated exclusively by the states themselves. As with any commercial activity, intrastate and interstate trade is oftentimes indistinguishable.

Federal agencies that help in trade regulation include the Department of Commerce (DOC) and the International Trade Administration (ITA). 

• The DOC is an agency of the executive branch that promotes international trade, economic growth, and technological advancement. 
• The ITA is a branch of the DOC that works to improve the international trade position of the United States. 

For additional topics related to trade regulation please refer to Commercial Law.

Federal Material

U.S. Constitution and Federal Statutes

• U.S. Code:
  • 15 U.S.C. - Commerce and Trade
  • 15 U.S.C. § 1 et seq. - Monopolies and Combinations in Restraint of Trade
  • 15 U.S.C. § 41 et seq. - Federal Trade Commission; Promotion of Export Trade and Prevention of Unfair Methods of Competition
• CRS Annotated Constitution

Federal Regulations

• Title 15 C.F.R. - Commerce and Foreign Trade
• Title 16 C.F.R. - Commercial Practices
• Title 27 C.F.R. - Alcohol, Tobacco Products, and Firearms
• Title 29 C.F.R. - Labor
• Title 46 C.F.R. - Shipping
• Title 48 C.F.R. - Transportation

Judicial Decisions

• U.S. Supreme Court:
  • Decisions on Trade Regulation
  • liibulletin Oral Argument Previews

State Material

State Statutes

• New York
  • Agriculture and Markets
  • Alcohol Beverage Control
  • General Business
• California
  • Food and Agricultural Code
  • Alcoholic Beverage Control Act
  • Business and Professions Code

• Other State Statutes Dealing with Business and Professions

Additional Sources

• Federal Agencies:
  • U.S. Department of Commerce
  • International Trade Administration
  • Federal Trade Commission
  • U.S. Department of Justice - Antitrust Division
  • U.S. Department of Agriculture
• State Agencies:
  • New York Department of Agriculture & Markets
  • New York State Liquor Authority
  • California Department of Alcoholic Beverage Control
  • California Department of Food & Agriculture

[Last updated in June of 2024 by the Wex Definitions Team]