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FDA finds food factory to be non compliant with food safety standards. FDA can't shut down the factory. It has to take it to court. A Judge with a JD or a jur

FDA finds food factory to be non compliant with food safety standards. FDA can't shut down the factory. It has to take it to court. A Judge with a JD or a jury of random people will decide if the factory can stay open. Factory stays open. Millions of people eat salmonella contaminated food.

mywittyname 2y ago
I'm guessing the next stage is to prevent people from being able to sue said factories?
- iaw 2y ago
  By opening the package of salmonella you've agreed to binding arbitration agreement in the venue of their choosing.... Sadly I'm not even that far from serious.
- jasonjayr 2y ago
  Nah, there will be some binding arbitration clause hidden on that package of rice , so you can't sue or join a class action.
- redeux 2y ago
  Yes, or absent that just limit the liability to a trivial amount, which many state governments have already been doing for years.
- kergonath 2y ago
  You don’t need to go that far. Just make it inconvenient and expensive.
Molitor5901 2y ago
That's absolutely 100% false. The Federal Food, Drug, and Cosmetic Act gives the FDA considerable authority to shut down a food factory if it is not adhering to regulations and laws regarding safety. Where do you find that the FDA cannot shut them down?
- EricDeb 2y ago
  But who is making those regulations if congress doesnt write those specific regulations into law? Isn't that the whole point of this being overturned.. the FDA no longer can make regulations that arent explicitly outlined in a bill.
  - Molitor5901 2y ago
    The FDA can absolutely make regulations so long as they are done with the authority granted to them in the law. The problem has been agencies, such as the FDA whom I have worked with for going on a decade, have grossly overstepped their congressional authority. When challenged, the government's case is that the administrative regulators know best, and because of Chevron, the courts should defer to them, even if it's an overreach beyond their congressional authority. This is not about specific regulations, it's about the authority to write those regulations and where the boundaries are.
    - techostritch 2y ago
      "even if it's an overreach beyond their congressional authority " Chevron specifically says though that it should be within their authority and reasonable.
      - Molitor5901 2y ago
        Therein lies the issue: Regulators have gone beyond their authority, not only into what is unreasonable, but what is not backed by statute. Chevron said the courts should give deference, unfortunately that deference has gone too far. Taking your point however, I think congress will eventually be forced to act on this. We do need some deference to regulators, but that deference has been turned into legislative abdication. This decisions sets that right. When congress is ready to write a law that gives greater deference to regulators they will. Until then, in my opinion, this was a proper decision of government restraint.
        2y ago
morkalork 2y ago
With hack judges like Aileen Cannon, good luck!

mywittyname 2y ago

I'm guessing the next stage is to prevent people from being able to sue said factories?

iaw 2y ago
By opening the package of salmonella you've agreed to binding arbitration agreement in the venue of their choosing.... Sadly I'm not even that far from serious.
jasonjayr 2y ago
Nah, there will be some binding arbitration clause hidden on that package of rice , so you can't sue or join a class action.
redeux 2y ago
Yes, or absent that just limit the liability to a trivial amount, which many state governments have already been doing for years.
kergonath 2y ago
You don’t need to go that far. Just make it inconvenient and expensive.

Molitor5901 2y ago

That's absolutely 100% false. The Federal Food, Drug, and Cosmetic Act gives the FDA considerable authority to shut down a food factory if it is not adhering to regulations and laws regarding safety. Where do you find that the FDA cannot shut them down?

EricDeb 2y ago
But who is making those regulations if congress doesnt write those specific regulations into law? Isn't that the whole point of this being overturned.. the FDA no longer can make regulations that arent explicitly outlined in a bill.
- Molitor5901 2y ago
  The FDA can absolutely make regulations so long as they are done with the authority granted to them in the law. The problem has been agencies, such as the FDA whom I have worked with for going on a decade, have grossly overstepped their congressional authority. When challenged, the government's case is that the administrative regulators know best, and because of Chevron, the courts should defer to them, even if it's an overreach beyond their congressional authority. This is not about specific regulations, it's about the authority to write those regulations and where the boundaries are.
  - techostritch 2y ago
    "even if it's an overreach beyond their congressional authority " Chevron specifically says though that it should be within their authority and reasonable.
    - Molitor5901 2y ago
      Therein lies the issue: Regulators have gone beyond their authority, not only into what is unreasonable, but what is not backed by statute. Chevron said the courts should give deference, unfortunately that deference has gone too far. Taking your point however, I think congress will eventually be forced to act on this. We do need some deference to regulators, but that deference has been turned into legislative abdication. This decisions sets that right. When congress is ready to write a law that gives greater deference to regulators they will. Until then, in my opinion, this was a proper decision of government restraint.
      - 2y ago

morkalork 2y ago

With hack judges like Aileen Cannon, good luck!