Briefly explanation of the role of administrative agencies in the formation and execution of laws and public policy
In the exercise of their lawmaking powers, administrative agencies employ two categories of rules; policy statements and procedural rules(Kerwin & Furlong, 2010). On matters, which administrative agencies possess the specialization and expertise, legislature has been known to delegate their power to make law to the relevant administrative agency(MacDonald & JR, 2007).Rules developed by agencies can be categorized into general statements of policy, procedural rules, interpretive rules, and legislative rules in accordance with the federal Administrative Procedure Act (APA).
Read also Relationship Between Law And Public Policy
The APA also allows for the participation of the public in the rulemaking process by administrative agencies, especially where the rules have significant impact on the public. Rules created by administrative agencies should be communicated to the public and in order for this to happen, a notice on the rule must be published to inform them and afford them the opportunity to give their comments. If the comments from the public are not in contravention to government policy, then they should be considered and applied to the rules(Gajduschek, 2003). This allowance for public participation; by issuing a notice and inviting comments, can however be exempted from procedural rules because the nature of procedural rules is that they only influence the mode of an agency’s operation.
Brief description of the FDA and selected policy
The U.S. Food and Drug Administration (FDA), is an administrative agency that exists within the Department of Health and Human Services and is charged with the following core functions: Agency Operations, Global regulatory Operations and Policy, Foods and Medical Products and Tobacco. The agency structure consists of four directorates to oversee the activities of the agency’s core functions and the Office of the Commissioner, which is the leadership of the agency’s scientific activities, toxicological research, legislative liaison, communication, agency operations, policy and planning, and health initiatives for women and the minority(FDA, 2015).
20 years ago the FDA introduced the Nutrition Facts Label which assists consumers to maintain healthy dietary practices by providing them with critical information that helps them make informed food choices(FDA, 2015). In the recent past, the FDA proposed changes to the Nutrition Facts Label, to have it updated on packages of food in the United States.
Explanation of one rule the FDA might create and execute based on the policy
The FDA in July 2015 issued a supplemental proposed rule that would require a declaration of the percent daily value (%DV) for added sugars(FDA, 2015). If adopted, the creation and execution of this rule will improve on the policy introduced 20 years ago regarding the inclusion of Nutrition Facts Label on all food packages. The rule on including the percent daily value for added sugars will provide consumers with additional information regarding added sugars. Over the years, the Nutrition Facts Label provided consumers with information regarding nutrients such as certain fats and sodium and with this supplemental proposed rule, similar information will be provided on added sugars. This is in accordance with the general purpose of the policy, as it will help consumers make informed choices for themselves and their families concerning their dietary practices.
Explanation of how the agency might execute the rule, using elements from the APA model.
In line with the elementson information and participation, where agencies are required to keep the public informed of rules, procedure and organization, and to provide for public participation in the process of making rules, the FDA has issued a series of Federal Register Notices. These notices are in reference to the revision of the Nutrition and Supplement Facts Labels with several opening and reopening of the comment period in relation to specific documents.
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