Lexis Nexis - Case Brief

Not a Lexis Advance subscriber? Try it out for free.

Law School Case Brief

Community Nutrition Institute v. Young - 260 U.S. App. D.C. 294, 818 F.2d 943 (1987)

Rule:

Under the Administrative Procedure Act, agency rules may be issued only after the familiar notice-and-comment procedures enumerated in the statute are completed. 5 U.S.C.S. § 553.

Facts:

Appellee Food and Drug Administration argued that notice-and-comment requirements did not apply by virtue of 5 U.S.C.S. § 553(b)(3)(A), which carved out an exception for interpretative rules and general statements of policy. According to appellee, action levels represented nothing more than nonbinding statements of agency enforcement policy. Appellant nutrition institute argued that the action levels restricted enforcement discretion to such a degree as to constitute legislative rules.

Issue:

Was the requisite of notice-and-comment procedures complied by the appellee Food and Drug Administration?

Answer:

No.

Conclusion:

The court found that appellee Food and Drug Administration action levels were invalid in that they were issued without the requisite notice-and-comment procedures, but rejected appellant nutrition institute's challenge to appellee's disinclination to initiate enforcement action against certain blended corn. The court remanded the case to the district court for further proceedings. The court held that appellee's action levels were not within the § 553(b)(3)(A) exception to notice-and-comment requirements. The court noted that because all parties agreed that the procedures were not followed, the action level could not stand. The court further noted that nothing in its decision precluded appellee from proceeding by way of informal action levels. The court held that the action levels in question were treated as substantive rules by appellee and, as such, could only have been permitted if notice-and-comment procedures were employed. The court concluded that appellee's action levels were invalid in that they were issued without the requisite notice-and-comment procedures.

Access the full text case Not a Lexis Advance subscriber? Try it out for free.
Be Sure You're Prepared for Class