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Additional resources for Regulatory foundations for the food protection professional
Mandernach et al. authority to develop regulations. For example, the US Congress may enact a food safety law and then delegate authority to the US Department of Health and Human Services (HHS) to develop regulations in order to enforce the law. , in the Federal Register or state equivalent), to provide notice of the proposed rulemaking and to invite an opportunity for comment within a certain period of time. ” Based on the public comments, the proposed regulations may be amended by the agency. Generally, the agency will publish a follow-up notice that describes the comments received along with the agency’s response to the comments.
Some states adopt federal regulations by reference through a clause in their state law that automatically adopts federal regulations as state rules; however, some states cannot adopt federal rules by reference and must rewrite all or portions of the federal regulation into a state rule. The federal regulations typically adopted include those on good manufacturing practices (GMPs), low-acid canned food, acidiﬁed foods, food and color additives, infant formula, seafood HACCP (Hazard Analysis and Critical Control Points), juice HACCP, and bottled water.
Agency explains its response to public comments and its reasoning for any changes to the proposed rule. • Final rule becomes effective (generally at least 30 days after publication). Fig. 3 The state and federal rulemaking process 3 Prevailing Statutes, Regulations, and Ordinances 27 improper notice and comment by the public, can also result in an invalid rule. Exceeding statutory authority means the agency has gone beyond the rulemaking delegation provided to the agency by the Congress or the legislature.