Legislative Control
-Saccharin Ban controversy  – Delaney clause said to ban cancerous food additives; FDA banned saccharin under clause and said no choice
-Public Citizen v. Young (D.C. Cir. 1987) : no de minimis exception to Delaney Clause for dyes
-problem is that Congress didn’t give authority
-Problems of specificity v. vagueness
-Rules of control
-rule (e.g., 22 miles per gallon)
-adopt process standard which relies on technical or scientific process (e.g., Delaney clause)
-one goal (Whitman – public health, not cost) – tunnel vision
-balancing test – costs and benefits
-cost – only do to extent that benefits exceed costs
-risks (safety standard for drugs – risk of taking, less than risk of not)
-cost effectiveness – most cost effective way
-can have sunset provision