Now the question arises, is incorporation by reference into law a 5th amendment "taking", requiring payment by the government incorporating the standard into law. Or is that "fair use" by the Government?
A "taking" generally requires the government to deprive the owner of all reasonable use of the property. If the government places reasonable limitations on the use of property but doesn't actually deprive the owner of the property, it's not a taking. See Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978).