“FDA is not and, by the construction of this government, cannot be authorized to determine its own jurisdiction. It must operate within the bounds of the administrative structure authorized by the legislative power harmonious with the limited, delegated powers identified in our constitutional system.”
National Organization for Raw Materials (NORM, http://www.normeconomics.org)
and: See list below for names of those submitting)
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This comment seeks to inform the development of an FDA regulation establishing “safety standards for fresh produce at the farm and packing house” and sanctions for non-compliance. In doing so, it rebuts the jurisdictional presumption through which, under the guise of “food safety,” FDA seeks to vastly exceed the reach of its federal regulatory sphere of action.
Federal executive regulatory power is seated in and restricted to the delegations specified within the Constitution. As stated in Art. I, §8, cl. 18, “Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.” Regulatory jurisdiction statutorily delegated to any agency cannot exceed the jurisdiction of the legislative authority as constitutionally specified. More
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