监管者如何监管?1907-1938年《纯净食品与药品法》的执行

How do Regulators Regulate? Enforcement of the Pure Food and Drugs Act, 1907–38

Journal of Law, Economics, and Organization · 2005
被引 38
ABS 3

中文导读

研究了1907-1938年间美国食品药品监督管理局如何执行《纯净食品与药品法》,发现由于威慑手段有限,有效执法依赖于向合规企业提供质量认证或改进帮助,这对理解当代监管机构的咨询性执法行为有启示。

Abstract

Economists have devoted relatively little attention to analyzing how government officials actually enforce regulation. This is a significant omission, since the efficacy of regulatory enforcement and the effects of regulation on economic outcomes may depend on how regulators regulate. This article sheds light on these issues by examining how the fledgling Food and Drug Administration (FDA) enforced the Pure Food and Drugs Act from 1907 to 1938. I argue that because the FDA's ability to enforce this law through deterrence was limited, effective enforcement could be obtained only in those instances where the agency had the capacity to offer benefits to compliant firms in the way of quality certification or direct assistance in improving product quality. The available evidence on the FDA's enforcement activities is consistent with this prediction. The analysis presented may help to explain why contemporary regulatory agencies spend considerable resources on advisory enforcement activities.

监管执法食品药品监管法律经济学公共管理