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22 Food Drug Cosm. L.J. 563 (1967)
FDA's Obligations under the 1966 Public Information Act

handle is hein.journals/foodlj22 and id is 589 raw text is: FDA's Obligations Under the
1966 Public Information Act
By JOSEPH M. MAMANA
The  Following  Article Is Reprinted  from  the
FDA   Papers  (September 1967, p. 16).      Mr.
Mamana Is With the Office of Policy Management.
Knowledge will forever govern ignorance and a people who mean to be their own
governors must arm themselves with the power knowledge gives. A popular govern-
ment without popular information or the means of acquiring it, is but a prologue to a
farce or a tragedy or perhaps both. James Madison
T HE FREEDOM OF INFORMATION ACT, PUBLIC LAW
89-487, was signed by President Johnson on July 4, 1966, and be-
came effective July 4, 1967. It amended Section 3 of the Administra-
tive Procedure Act and is known as the Public Information Act of
1966. Under this legislation, executive agencies are required to adopt
new guidelines for publication and disclosure of information under
their dominion and control. Public Law 89-487 has precipitated in
the Food and Drug Administration (FDA) a critical and searching
examination of its past disclosure policies and practices.
The report of the Senate Committee on the Judiciary found the
following deficiencies in the Administrative Procedure Act before
amendment:
Section 3 of the Administrative Procedure Act, that section which this bill
would amend, is full of loopholes which allow agencies to deny legitimate infor-
mation to the public. Innumerable times it appears that information is withheld
only to cover up embarrassing mistakes or irregularities and the withholding
justified by such phrases in Section 3 of the Administrative Procedure Act as
requiring secrecy in the public interest, or required for good cause to be held
confidential.
The Senate report goes on to state that it is the purpose of this
amendment to establish a general policy of full agency disclosure
to be tempered by exemptions stated in clearly delineated statutory

FDA'S OBLIGATIONS UNDER THE PUBLIC INFORMATION ACT

PAGE 563

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