The Benefits of Regulatory Friction in Shaping Policy.

IF 0.3 4区 医学 Q4 FOOD SCIENCE & TECHNOLOGY
Food and drug law journal Pub Date : 2016-01-01
Diana R H Winters
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引用次数: 0

Abstract

The regulation of food, drugs, and controlled substances in this country is exceedingly complex. Local, state, and federal regulation coexist, and common law remedies supplement positive law. Strata of regulation are necessary because patterns of production and consumption vary by region and demographic, while federal regulation provides regulatory uniformity across the United States. As localities struggle to sustain autonomy in response to local preference while working within a centralized system, and federal agencies struggle to maintain regulatory uniformity to foster a national marketplace, we see interaction and friction between regulatory spheres. While this friction usually becomes apparent through a lens of adversity, it is also a space of foment for policy change and democratic engagement. In this Paper I explore this productive space by looking at several recent instances of action by states in food, dietary supplements, and controlled substances regulation that highlight this friction. An analysis of these actions and the challenges to them provides an opportunity to view the interaction between different levels of regulatory authority and to discuss implications of the judicial review of these enactments. We see complex and shifting alliances working to change policy, and we see benefits in the push and pull caused by these actions.

监管摩擦对政策形成的好处。
这个国家对食品、药品和受管制物质的监管极其复杂。地方、州和联邦法规并存,普通法救济补充成文法。分层监管是必要的,因为生产和消费模式因地区和人口而异,而联邦监管在全美范围内提供了统一的监管。由于地方政府在中央集权体制下努力维持自治,以响应地方偏好,而联邦机构努力保持监管统一性,以促进全国市场,我们看到监管领域之间的互动和摩擦。虽然这种摩擦通常通过逆境的镜头变得明显,但它也是推动政策变革和民主参与的空间。在本文中,我通过观察最近几个国家在食品,膳食补充剂和受控物质监管方面的行动实例来探索这一富有成效的空间,这些实例突出了这种摩擦。对这些行动及其面临的挑战的分析提供了一个机会,可以查看不同级别的监管当局之间的相互作用,并讨论对这些法规进行司法审查的影响。我们看到,复杂多变的联盟正在努力改变政策,我们也看到了这些行动带来的推动和拉动带来的好处。
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来源期刊
Food and drug law journal
Food and drug law journal 医学-食品科技
CiteScore
0.20
自引率
50.00%
发文量
0
审稿时长
>36 weeks
期刊介绍: The Food and Drug Law Journal is a peer-reviewed quarterly devoted to the analysis of legislation, regulations, court decisions, and public policies affecting industries regulated by the U.S. Food and Drug Administration (FDA) and related agencies and authorities, including the development, manufacture, marketing, and use of drugs, medical devices, biologics, food, dietary supplements, cosmetics, veterinary, tobacco, and cannabis-derived products. Building on more than 70 years of scholarly discourse, since 2015, the Journal is published in partnership with the Georgetown University Law Center and the O’Neill Institute for National & Global Health Law. All members can access the Journal online. Each member organization and most individual memberships (except for government, student, and Emeritus members) receive one subscription to the print Journal.
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