Sessions clears way for food companies to ignore FDA guidance

Discussion in 'Food Safety' started by daveomak, Feb 13, 2018.

  1. daveomak

    daveomak Smoking Guru OTBS Member SMF Premier Member

    Those guidance documents the Food and Drug Administration hands out to food manufacturers and others don’t mean as much as they once did. The Department of Justice has changed its policy so government lawyers will no longer rely on guidance documents to establish civil law infractions.

    [​IMG]The policy change was not a surprise. Attorney General Jeff Sessions called out the practice on Nov. 16, 2017, in a memorandum that said: “the department has in the past published guidance documents — or similar instruments of future effect by other names, such as a letter to regulated entities — that effectively bind private parties without undergoing the rulemaking process.”

    The open market advocate Washington Legal Foundation in December reported FDA had issued more than 2,000 guidance and draft guidance documents in recent years. The foundation said guidance documents are used to cover topics that were once covered by formal regulations.

    http://www.foodsafetynews.com/2018/...ompanies-to-ignore-fda-guidance/#.WoMiN-eIaUk
     
  2. tallbm

    tallbm Master of the Pit

    Hmmmm, I guess we'll see what this leads to over the next few years :)
     
  3. wade

    wade Master of the Pit Group Lead OTBS Member SMF Premier Member

  4. lancer

    lancer Smoking Fanatic

    Well, I'm not a fan of making things less safe but there is a process for implementing emergence policies. Otherwise these changes in rules and regulations should, as a matter of law, go through the normal rulemaking process to allow public comment etc. Recommendations are just that and only regulations or statutes should be used as a basis for fines or other adverse actions.


    Lance
     
  5. daveomak

    daveomak Smoking Guru OTBS Member SMF Premier Member

    YEP.. Sounds like "O" administration was setting up food processors to be used like an ATM...

    "I'd like you to drive 25"... then give you a ticket and jail time for driving 26 ...
     

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