Consider the following scenario:
Mark owns a fruit stand on 5th and Broadway. He is famous for his delicious mangoes. He recently went to Costa Rica and had the best pineapples he has ever tasted. He contracts for 100 cases of pineapples to be shipped to the U.S. every month for 5 years. Mark returns to the states and is excited to receive his Costa Rican pineapples. When the first shipment arrives, the FDA confiscates the shipment because they consider it a dangerous fruit due to the pesticide used in Costa Rica to grow pineapples. Mark claims that he knew nothing about any dangerous fruit laws and that the FDA arbitrarily made this rule and is enforcing it unfairly. Mark fears the money he is losing on the pineapples will bankrupt him. The attorney you work for doesn’t know much about the FDA, fruit importation and any dangerous fruit rule. He has several questions based on the FDA rule “Importation of Fruit” which states:
IMPORTATION OF FRUIT
All fruit imported into the United States shall be inspected for dangerousness by the Food and Drug Administration (FDA). Dangerous fruit shall not enter or pass through any port of the United States. The FDA is hereby authorized to promulgate regulations. It shall conduct a hearing before any rule is established.
- What procedure must the FDA follow when making a decision such as the above rule?
- What procedures must the FDA follow when making determinations in:
- detailing how and when inspections of imported fruit will occur?
- what documents must be presented to the agency by fruit importers?