Flashcards Studio

A city enacts Ordinance No. 2027-01 requiring all food processing facilities operating within the city to secure a Local Food Safety Permit (LFSP) from the City Food Safety Office (CFSO) before opening or continuing operations, and to comply with implementing guidelines. The Department of Agriculture (DA) asserts exclusive nationwide authority over licensing and regulation of food processing facilities under the Agricultural and Fisheries Code, and has not yet acted on LFSP applications or issued implementing guidelines for the city ordinance. GreenGrain Foods, Inc. files a petition for certiorari with the Regional Trial Court to annul the ordinance on ultra vires grounds. The RTC has not yet issued a ruling.   (a)Identify the controlling doctrine that governs whether the court should defer to a regulatory agency with national jurisdiction before reviewing a local regulation. (b)Distinguish primary jurisdiction from residual jurisdiction and indicate which applies to this scenario. (c)Apply the doctrines to the facts: should the RTC proceed with the petition or dismiss/stay in deference to DA? Explain with reasons and identify the roles of the parties.