LAW 615 Lecture Notes - Lecture 20: Federal Register, Rulemaking
30 May 2020
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Rulemaking procedure under apa 553 and related statutes, notice, dc circuit said that the adequacy of the agency"s notice depends on how well the notice that the agency gave serves the policies underlying the notice requirement. In 1978, congress stated that the secretary shall assure that the fat, sugar and salt contents of foods are appropriate. In its preamble, the department talked about high sugar content in cereals. Under the proposed rule, food packages for women and children without special dietary needs included milk that could be flavored or unflavored. There were 60 days for comments and 78 commentators said that flavored milk should be deleted. Nothing in the preamble talked about flavored milk being bad in any way. Department of labor proposed a rule exempting companionship workers only if they were employed by the infirm individual"s family. After comment they decided to exempt all workers.
