8 replies to this topic

[Premananda Singh]

Dear All,

 

I have some confusion between Regulation and Legislation. Can anyone explain me? 

[Mr. Incognito]

In the United States legislation is laws passed through congress and signed by the president. 

 

Regulation is something put out by a regulatory body that is not passed through congress directly.  For instance the PMO I believe is a regulation because the Pasteurized Milk Ordinance was put out by the FDA. 

[Premananda Singh]

One of my colleague also informed me that Legislation is an Act/Law whereas Regulation is controlled by the Regulatory body.Food safety license comes under Regulation and Food Safety Modernization Act, Section 305 comes under Legislation.

[Mike Green]

In the United States legislation is laws passed through congress and signed by the president. 

 

Regulation is something put out by a regulatory body that is not passed through congress directly.  For instance the PMO I believe is a regulation because the Pasteurized Milk Ordinance was put out by the FDA. 

Notionally at least (in the UK)...

 

Legislation refers to a Law passed by parliament which tends to be general & overarching in nature eg Food Safety Act 1990

 

Regulations are generally the 'finer detail' that set out what a company (or individual ) needs to actually do to comply with the various Acts  eg The Food Safety and Hygiene (England) Regulations 2013, (confusingly in the UK these can also be laid before parliament)

 

IMEX  (in the UK ) .... the word 'Legislation' is often used to describe anything that has been approved by parliament (whether an Act or Regulation!)

 

eg from Guidance on Temperature Control

 

Legislation in the United Kingdom

This document gives guidance on the temperature control requirements found in 

the following hygiene legislation: 

• EC Regulation 852/20041

• The Food Hygiene Regulations 2006 (as amended)

 

Reading that back-I'm not sure it has helped at all (sorry!)

 

Mike

Edited by Mike Green, 17 October 2014 - 07:16 PM.

[Dharmadi Sadeli Putra]

In my country, legislation is a product of representative council (parliament in UK) which the draft is proposed by government. The legislation will be used as a legal base for issuing regulation by government

[MCIAN]

Generally, the legislation (or law) takes precedence. Here, once a legislation is passed, the affected national regulatory agency comes up with the so called IRR (Implementing Rules and Regulations) which describes in detail how the law is going to be implemented. These IRRs' should be totally aligned with the law, not the other way around.

 

Regards to all.

 

[Mr. Incognito]

One of my colleague also informed me that Legislation is an Act/Law whereas Regulation is controlled by the Regulatory body.Food safety license comes under Regulation and Food Safety Modernization Act, Section 305 comes under Legislation.

 

 

Yes FSMA (Food Safety Modernization Act) is legislation because it was voted on by the United States Congress and signed by the president.

[MWidra]

Yes FSMA (Food Safety Modernization Act) is legislation because it was voted on by the United States Congress and signed by the president.

Correct.  The "rules" that the FDA will enforce on the authority or mandate of that act will be regulations.  Legislation tends to set up the basic goals for an administrative agency (the enabling legislation), and the agency then promulgates the regulations in harmony with the goals that the legislature set in the statute (what laws passed by legislatures are called).  All this is from US law, which of course may be different from that in other countries.

 

Statutes/legislation are usually more broad in their language and the regulations are more nuts and bolts.

Edited by MWidra, 20 October 2014 - 09:08 PM.

[Premananda Singh]

Thank you all for your valuable comments............