Wednesday, June 11, 2014

In which the FDA discovers

that a lot of the DC weenies they depend on really like cheese made the original way.
Yes! Following an enormous outcry from cheese makers, commentators, and the general public, the agency beats a hasty retreat. Commentator/ Pepperdine lawprof Greg McNeil has the details at Forbes (and his earlier commentary on the legalities of the agency’s action is also informative). Earlier here.

In a classic bureaucratic move, the agency denied it had actually issued a new policy (technically true, if you accept the premise that a policy letter from its chief person in charge of cheese regulation is not the same as a formally adopted new policy) and left itself the discretion to adopt such a policy in future if it wishes (merely declaring itself open to persuasion that wood shelving might prove compatible with the FSMA).
All is not well; they left the door open to doing it again later, and there's all the other crap they want to crap with(and on).

More: Andrew Coulson, Cato, and on the trade aspects, K. William Watson. On the FDA’s new statement: “Typical bureaucratic doublespeak that seems meant to maximize uncertainty for the regulated community” [Eric Bott of Wisconsin Manufacturers and Commerce] “This was the worst possible outcome. It reinforces elites’ view that regulators are reasonable and wise and will fix mistakes.” [@random_eddie] “Pay no attention to the Leviathan behind the cheesecloth” [Scott Lincicome, in an exchange after a writer at Slate observed that "Libertarians aren't the only ones" who might want to keep board-aged cheese legal]

Also, over here they note that it appears the FDA broke the law in this(though when was the last time that bothered the clowns?).

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