The Food and Drug Administration's Discretion to Approve Methods of Detection and to Define the Term "No Residue" Pursuant to the Federal Food, Drug, and Cosmetic Act

The Food and Drug Administration’s Discretion to Approve Methods of Detection and to Define the Term “ No Residue” Pursuant to the Federal Food, Drug, and Cosmetic Act The Food and Drug Administration has the discretionary authority under the DES proviso to the Delaney Clause of the Federal Food, Drug, and Cosmetic Act to prohibit the use of an additive in animal feed if the FDA concludes that there is no method that can “ reliably measure and confirm” whether the additive contains residues o f carcinogenic concern at or above the “ no res­ idue” level. Where the FDA has already approved a…