美國抗生素動物用藥之管制: 政策與法律觀點

Anti-biotics have proved effective in treating illness caused by bacteria. Further, they may promote the growth of food animals. Nevertheless, the overuse has led to the problem of drug resistance in human. The US Food and Drug Administration (FDA) had managed to solve the rampant use of anti-biotics by food animal industry by initialing the withdrawal of New Animal Drug Application (NADA) for certain antibiotic drugs. But, the move was suspended because of the disagreement of Congress.
Given the antimicrobial resistance has increasingly constituted a public health crisis, FDA finally decided to tackle the problem more seriously. FDA announced the plan to phase out certain antibiotic use in animal feeding on December 2013. Instead of reinstating the original withdrawal process, FDA tends to end the use for growth promoting purpose on a voluntary basis. The approach has recently been challenged by a civil society for its failure to comply with the mandate of the law. This paper aims to analyze the judicial review on this administrative discretion. Further, the advantage and problems of the voluntary policy will be revealed.