Consider the following scenario:
Mark owns a fruit stand on 5th and Broadway. He is famous for hisdelicious mangoes. He recently went to Costa Rica and had the bestpineapples he has ever tasted. He contracts for 100 cases of pineapplesto be shipped to the U.S. every month for 5 years. Mark returns to thestates and is excited to receive his Costa Rican pineapples. When thefirst shipment arrives, the FDA confiscates the shipment because theyconsider it a dangerous fruit due to the pesticide used in Costa Rica togrow pineapples. Mark claims that he knew nothing about any dangerousfruit laws and that the FDA arbitrarily made this rule and is enforcingit unfairly. Mark fears the money he is losing on the pineapples willbankrupt him. The attorney you work for doesn’t know much about the FDA,fruit importation and any dangerous fruit rule. He has severalquestions based on the FDA rule “Importation of Fruit” which states:
IMPORTATION OF FRUIT
All fruit imported into the UnitedStates shall be inspected for dangerousness by the Food and DrugAdministration (FDA). Dangerous fruit shall not enter or pass throughany port of the United States. The FDA is hereby authorized topromulgate regulations. It shall conduct a hearing before any rule isestablished.
- 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?