Decentralization and the Functions of Food Regulation

Chapter 3, IN: Reorganizing Government: A Functional and Dimensional Framework, by Alejandro Camacho and Robert Glicksman, New York : New York University Press, [2019]

UC Irvine School of Law Research Paper No. 2020-13

GWU Legal Studies Research Paper 2020-21

GWU Law School Public Law Research Paper No. 2020-21

Posted: 2 Apr 2020 Last revised: 17 Apr 2020

See all articles by Alejandro E. Camacho

Alejandro E. Camacho

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR); Center for Progressive Reform

Robert L. Glicksman

George Washington University - Law School

Date Written: April 1, 2020

Abstract

Using the federal food safety regulatory laws as examples, this chapter explores the significance of governmental function in understanding and prescribing centralized and decentralized authority. It begins by examining how recurrent criticisms of federal food safety regulation for excessive decentralization have routinely failed to consider whether the optimal degree of centralization should vary by regulatory function. It then argues that functional differentiation can provide important analytical benefits, including (1) more accurate characterizations of existing regulatory programs, (2) mitigation of practical obstacles to desirable restructuring, (3) clarification of the tradeoffs of centralized or decentralized regulatory structures, and (4) illumination of alternative options for situating authority at different points on the centralization dimension. Finally, it contends that functional analysis can help policymakers improve the net benefits of choices along the centralization/decentralization dimension by identifying appropriate organizational choices along the other two dimensions for allocating authority.

Keywords: centralization, decentralization, food safety regulation, governmental function, mitigation, regulatory structures

Suggested Citation

Camacho, Alejandro E. and Glicksman, Robert L., Decentralization and the Functions of Food Regulation (April 1, 2020). Chapter 3, IN: Reorganizing Government: A Functional and Dimensional Framework, by Alejandro Camacho and Robert Glicksman, New York : New York University Press, [2019], UC Irvine School of Law Research Paper No. 2020-13, GWU Legal Studies Research Paper 2020-21, GWU Law School Public Law Research Paper No. 2020-21, Available at SSRN: https://ssrn.com/abstract=3566602

Alejandro E. Camacho (Contact Author)

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR)

401 E. Peltason Drive, Suite 1000
Irvine, CA 92697-8000
United States

Center for Progressive Reform ( email )

500 West Baltimore Street
Baltimore, MD 21201
United States

Robert L. Glicksman

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-4641 (Phone)

HOME PAGE: http://www.law.gwu.edu/Faculty/profile.aspx?id=16085

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