Читать книгу Food Regulation - Neal D. Fortin - Страница 210

1 4.4. What if FDA wrote the Restaurant Regulations but Didn’t Enforce Them? Note that in Public Citizen and CSPI v. Shalala, the FDA’s action directly conflicted with an unambiguous requirement in the statute. Congress said restaurants were not exempt from NLEA, but then FDA said that restaurants were exempt. What would have been the result if FDA had written the regulations for restaurants but then said it would not have the resources to enforce them? What if FDA had a rational plan for prioritization of resources to important health and safety concerns, and would a court be likely to overrule the agency’s decision? See ch. 20, sec. 20.5, Administrative Discretion.