Statute vs Regulation
A statute is a law enacted by a legislature, such as Congress or a state legislature. A regulation is a detailed rule issued by an executive agency — like the EPA or OSHA — using power that a statute delegated to it. Both are legally binding, but a regulation must stay within the limits of the statute that authorises it.
Last reviewed on 2026-10-03.
Quick Comparison
| Aspect | Statute | Regulation |
|---|---|---|
| Made by | Legislature (Congress, state legislature, parliament) | Executive agency (EPA, FDA, OSHA, IRS, state agencies) |
| Source of authority | Constitution | An enabling statute that delegates rulemaking power |
| How it is made | Bill passed by the legislature and signed (or veto overridden) | Rulemaking, usually with public notice and comment |
| Level of detail | Broad goals, rights and duties | Technical specifics: limits, procedures, forms, deadlines |
| Where published (US federal) | United States Code (U.S.C.) | Federal Register, then Code of Federal Regulations (CFR) |
| If they conflict | Prevails | Invalid to the extent it exceeds or contradicts the statute |
Key Differences
1. How Statutes Are Made
A statute starts as a bill. In the US federal system, it must pass both the House and the Senate in identical form and be signed by the President (or passed over a veto by two-thirds of each chamber). Federal statutes are compiled by subject in the United States Code; each state has its own code of statutes.
Statutes often set broad goals — clean air, safe workplaces, fair lending — and leave the technical details to experts in an agency.
2. How Regulations Are Made
A regulation (also called a rule) is written by an agency that a statute has authorised. Under the federal Administrative Procedure Act, most rules go through notice-and-comment rulemaking: the agency publishes a proposed rule in the Federal Register, the public can submit comments, and the agency issues a final rule with an explanation. Final rules are codified in the Code of Federal Regulations (CFR).
For example, the Clean Air Act (a statute) directs the Environmental Protection Agency to set air-quality standards; the specific pollutant limits are regulations in the CFR. The Occupational Safety and Health Act created OSHA, whose workplace-safety standards are regulations.
3. Limits on Regulations
An agency can only regulate within the authority Congress gave it, and must follow proper procedure. Courts can strike down a regulation that exceeds the statute, conflicts with it or the Constitution, or is "arbitrary and capricious". In Loper Bright Enterprises v. Raimondo (2024), the US Supreme Court overruled the Chevron doctrine, so courts now decide for themselves the best reading of an ambiguous statute instead of deferring to the agency's interpretation.
Congress can also override a regulation by passing a new statute, or disapprove recent rules under the Congressional Review Act.
4. Where Case Law Fits
Statutes and regulations are both written law. Courts interpret them, and those decisions — together with judge-made common law — form case law. See common law vs statutory law.
Examples
Statutes
- Clean Air Act
- Occupational Safety and Health Act of 1970
- Internal Revenue Code (Title 26 of the US Code)
- Civil Rights Act of 1964
- A state's vehicle and traffic law
Regulations
- EPA national ambient air quality standards (40 CFR Part 50)
- OSHA workplace safety standards (29 CFR)
- Treasury/IRS income tax regulations (26 CFR)
- FDA food labeling rules (21 CFR)
- A state DMV's rules for driver testing
Frequently Asked Questions
Are regulations laws?
Yes. Validly issued regulations have the force of law and can be enforced with penalties. But they are a different kind of law from statutes: they are made by agencies, not the legislature, and must stay within the statute that authorises them.
What happens if a regulation conflicts with a statute?
The statute wins. A regulation that contradicts or goes beyond its authorising statute can be set aside by a court.
What is the difference between a rule and a regulation?
In US federal administrative law the terms are used largely interchangeably; the Administrative Procedure Act uses "rule". Agencies also issue non-binding guidance documents, which are not regulations.
Where can I find federal statutes and regulations?
Federal statutes are in the United States Code (uscode.house.gov). Proposed and final rules appear in the Federal Register (federalregister.gov), and current regulations are in the Code of Federal Regulations (ecfr.gov).
Is an ordinance a statute?
An ordinance is a law passed by a local government such as a city or county council. It works like a statute at the local level but must not conflict with state or federal law.