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This is for a school assignment, and I've been doing research for hours now... yet I cannot find information on my last question for my assignment. My assignment has to do with the FDA, and the last question (in exact words) is this : Where do the legislative and the judicial branches of government come into play with investigation and enforcement of the FDA?
I cannot find anywhere on the web that has this sort of information, not even the actual FDA website does. If anyone has any information about this please help! If you can please tell me where you found it if it was on the web, so I can reference it. Thanks in advance!

2007-02-04 23:48:44 · 7 answers · asked by glitteringfairywings 2 in Politics & Government Law & Ethics

I've already been to Wiki, in fact it was the first site I went to! >.<

2007-02-04 23:57:46 · update #1

7 answers

You might try your text book. It might have the answer or it might have a clue about where to look.

2007-02-05 00:03:24 · answer #1 · answered by Anonymous · 0 0

The FDA was established by the US legislature. Therefore, any rules and regulations created by the FDA have the "power of law". The same holds true for the Interstate Commerce Commission, the Federal Aviation Administration and so on. Any regulation promulgated by a federal agency is treated as if it were a law passed by Congress. (Even if it's silly, unfair, or unconstitutional.)

Usually, the FDA does their own investigations, but the size of the case determines if another federal agency assists, like the FBI. Both agencies 'build' a case that is 'court-worthy'.

The judicial part comes into play when a regulation is violated. To punish the violater beyond a certain point*, the judiciary becomes involved. The 'crime' is treated in criminal court the same as a purse-snatching. You might check the website for the US Appellate Courts because I believe several cases have made it that far. Not sure about the US Supreme Court.

*A minor regulation that is violated is punished with a fine as long as the violater makes certain stipulations in writing.

2007-02-05 08:35:45 · answer #2 · answered by Anonymous · 0 0

High Court Rules FDA Lacks Power Over Tobacco ... 21, 2000, writer Laurie Asseo; headlined: Court: FDA Can't Regulate Tobacco

I would type in (supreme court fda tobacco) on a search engine as the case involes both the legaslative and judicial branches in one case good luck

2007-02-05 08:05:49 · answer #3 · answered by PJ H 5 · 0 0

The answer is in the question.....Investigation and enforcement. Same as any law, one finds/identifies and one enforces/punishes.

2007-02-05 08:14:01 · answer #4 · answered by cypher2b 2 · 0 0

http://en.wikipedia.org/wiki/Fda

2007-02-05 07:54:43 · answer #5 · answered by Anonymous · 1 1

I was going to post what already has been posted.. good luck glitter..

2007-02-05 07:59:00 · answer #6 · answered by tiny b 3 · 0 1

This is sort of against them but read.

http://www.haciendapub.com/albright1.html

http://www.foodsafety.gov/~fsg/fssyst2.html
http://judiciary.house.gov/Legacy/3055.htmhttp://judiciary.house.gov/Legacy/3055.htm

2007-02-05 09:41:55 · answer #7 · answered by ALunaticFriend 5 · 0 0

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