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Laws and Regulations
• The law
o It is the function of the legislature (elective body) to determine:
▪ The need for the law
▪ To draft the statute
▪ To enact the statue
o Laws outlines broad policies, but usually do not cover details,
they are usually delegated to an agency that has been set up for
▪ Regulations cover the details
o When a law is passed
▪ An agency such as FDA or EPA is designated (or created) to
prepare and promulgate the supporting regulations that
must be followed to comply with the law. At the federal
level, these proposed regulations are published where?
▪ Published in the CFR (code of federal regulations)
▪ Regulations are the details of the law
o After a specified time for comments, arguments, and proposals,
official regulations are published which have the force of law!
o Administrative agencies cannot make law, they can only
o If errors are made, the regulations are invalid
o The agency has no punitive powers. The courts decide guilt or
innocence and impose penalties