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Kansas Pet Food Law

Pet food regulations in Kansas:

The Kansas Commercial Feed Stuffs Law September, 2011
K.S.A. 2-1001. Definition of terms.
(A) The term “commercial feeding stuffs” shall be held to include all feeding stuffs used for feeding livestock, poultry and pets, including customer formula feed

K.A.R. 4-3-47. Adoption by reference.
(a) The following portions of the “2010 official publication” copyrighted in 2010 by the association of American feed control officials incorporated are hereby adopted by reference and shall apply to commercial feeding stuffs in this state:

(ii) in the definition of “adulteration” in regulation 1, “section 7(a) of the model bill” shall be replaced with “K.S.A. 65-664, and amendments thereto”;

Source: https://agriculture.ks.gov/docs/default-source/statutes-acap/feedingstuffs.pdf?sfvrsn=4

K.A.R. 4-3-51. Prohibited feeding stuffs; adoption by reference.
(a) The following portions of 21 CFR Part 589, revised on April 1, 2010, with the changes specified in this subsection, are hereby adopted by reference and shall apply to the production of all commercial feeding stuffs and custom-mixed feed in Kansas:

(6) In section 589.2000(g)(2), “section 403(a)(1) or 403(f) of the act” shall be replaced with “K.S.A. 65-665

(11) In section 589.2001(d)(2), “section 402(a)(2), 402(a)(3), or 402(a)(5) of the act” shall be replaced with “K.S.A. 65-664 and K.S.A. 2-1011.”

Source: https://agriculture.ks.gov/docs/default-source/statutes-acap/feedingstuffs.pdf?sfvrsn=4

2015 Statute Article 6. Food, Drugs and Cosmetics
65-656 Same; definitions. For the purpose of this act:
“Food” means: (1) Articles used for food or drink for humans or other animals; (2) chewing gum; and (3) articles used for components of any such article.

Source: http://kslegislature.org/li/b2015_16/statute/065_000_0000_chapter/065_006_0000_article/065_006_0056_section/065_006_0056_k/

Article 6. Food, Drugs and Cosmetics
65-664. Same; food deemed adulterated, when.
A food shall be deemed to be adulterated:
(a) (5) it is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse;

Source: http://kslegislature.org/li/b2015_16/statute/065_000_0000_chapter/065_006_0000_article/065_006_0064_section/065_006_0064_k/

Article 6. Food, Drugs and Cosmetics
65-665. Same; food deemed misbranded, when. A food shall be deemed to be misbranded:
(a) If its labeling is false or misleading in any particular.

Source: http://kslegislature.org/li/b2015_16/statute/065_000_0000_chapter/065_006_0000_article/065_006_0065_section/065_006_0065_k/

From the FDA website, it appears Kansas has adopted the Federal Food, Drug and Cosmetic Act as state law, though it is uncertain if they have adopted the federal laws with respect to pet foods. The federal law states:

Title 21, Section 321 (f) The term “food” means (1) articles used for food or drink for man or other animals,

Title 21, Section 342 A food shall be deemed to be adulterated-(a) Poisonous, insanitary, etc., ingredients (5) if it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter;

Source: http://uscode.house.gov/view.xhtml?path=/prelim@title21/chapter9/subchapter2&edition=prelim and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section342&num=0&edition=prelim

 

Find your Representatives in Congress here: https://www.opencongress.org/people/zipcodelookup

Example letter to Kansas Representatives…

Dear _________,

I write to share that pet food regulations within the state of Kansas are being selectively enforced.

Kansas defines pet food as: The Kansas Commercial Feed Stuffs Law K.S.A. 2-1001, Definition of terms states: (A) The term “commercial feeding stuffs” shall be held to include all feeding stuffs used for feeding livestock, poultry and pets, including customer formula feed. 2015 Statute Article 6. Food, Drugs and Cosmetics 65-656 Same; definitions states:  For the purpose of this act: “Food” means: (1) Articles used for food or drink for humans or other animals; (2) chewing gum; and (3) articles used for components of any such article.

State law also states: Article 6. Food, Drugs and Cosmetics, 65-664. Same; food deemed adulterated, when. A food shall be deemed to be adulterated: (a) (5) it is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse. And 65-665. Same; food deemed misbranded, when. A food shall be deemed to be misbranded: (a) If its labeling is false or misleading in any particular.

With reference to item 65-664 above, the law states that a food is considered adulterated if it is sourced from a non-slaughtered animal. However right now in Kansas pet foods are being sold that include ingredients sourced from non-slaughtered animals. The legal definitions of the following common pet food ingredients Do Not require them to be sourced from a slaughtered animal: Chicken/Turkey/Poultry by-product meal, Meat and Bone Meal, Animal by-product meal, Animal fat, and Animal Digest (source AAFCO Official Publication). Per state law, any pet food that contains one or more of these ingredients would be considered adulterated. A significant number of pet foods contain one or more of these state law defined adulterated ingredients; an estimated $19 million dollars worth sold every single day in the U.S.

With reference to item 65-665 above, many varieties of pet food – as example from Pedigree Dog Food, Hill’s Science Diet Crafted Pet Food, and FreshPet Pet Food show grilled meat or roasted meat on the label, however there is no grilled or roasted meat in the pet food. Thus the grilled or roasted meat images are ‘misleading’. But none of these pet foods and many more are being held to state law.

Per the FDA website, it appears that Kansas has adopted the Federal Food, Drug and Cosmetic Act into state law. I am uncertain if Kansas has adopted the full Act in reference to food/pet food.

In the United States Code, Title 21, Chapter 9, Subchapter IV, Section 342 – the law states that a food is considered adulterated if it is sourced from a non-slaughtered animal (Section 342 a-5). This law is similar to state law (item 65-664) mentioned above.

Current conditions in pet food are a result of state and/or federal laws not being enforced. As it is not my personal goal to financially damage pet food companies due to authorities lack of enforcement, or financially damage the rendering industry (the companies that produce ingredients listed above) – I am asking you as my state Representative to do two things. One – make certain that pet foods abide by both federal and state labeling laws; and two – (with respect to the financial stability of the pet food industry) require pet foods that contain an ingredient that is in violation of state/federal law to include a warning on the label – or ask authorities to fully enforce existing laws. Example warning label could state: ‘Warning. This pet food could contain ingredients that are in violation of federal and state law. Handle and store with care.’ The consumer warning should be required to be implemented immediately, and placed in a highly visible area on the pet food label.

Thank you for your time and consideration of pet food consumers.

(Your signature)

 

Example letter to Kansas Attorney General…

I wish to report pet foods sold within the state of Kansas that do not meet the requirements of state law.

As example, in Kansas pet food is regulated as feed and food. The Kansas Commercial Feed Stuffs Law K.S.A. 2-1001, Definition of terms states: (A) The term “commercial feeding stuffs” shall be held to include all feeding stuffs used for feeding livestock, poultry and pets, including customer formula feed. 2015 Statute Article 6. Food, Drugs and Cosmetics 65-656 Same; definitions states:  For the purpose of this act: “Food” means: (1) Articles used for food or drink for humans or other animals; (2) chewing gum; and (3) articles used for components of any such article.

State law also states: Article 6. Food, Drugs and Cosmetics, 65-664. Same; food deemed adulterated, when. A food shall be deemed to be adulterated: (a) (5) it is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse. And 65-665. Same; food deemed misbranded, when. A food shall be deemed to be misbranded: (a) If its labeling is false or misleading in any particular.

With reference to item 65-664 above, the law states that a food is considered adulterated if it is sourced from a non-slaughtered animal. However right now in Kansas pet foods are being sold that include ingredients sourced from non-slaughtered animals. The legal definitions of the following common pet food ingredients Do Not require them to be sourced from a slaughtered animal: Chicken/Turkey/Poultry by-product meal, Meat and Bone Meal, Animal by-product meal, Animal fat, and Animal Digest (source AAFCO Official Publication). Per state law, any pet food that contains one or more of these ingredients would be considered adulterated. A significant number of pet foods contain one or more of these state law defined adulterated ingredients; an estimated $19 million dollars worth sold every single day in the U.S.

With reference to item 65-665 above, many varieties of pet food – as example from Pedigree Dog Food, Hill’s Science Diet Crafted Pet Food, and FreshPet Pet Food show grilled meat or roasted meat on the label, however there is no grilled or roasted meat in the pet food. Thus the grilled or roasted meat images are ‘misleading’. But none of these pet foods and many more are being held to state law.

Per the FDA website, it appears that Kansas has adopted the Federal Food, Drug and Cosmetic Act into state law. I am uncertain if Kansas has adopted the full Act in reference to food/pet food.

In the United States Code, Title 21, Chapter 9, Subchapter IV, Section 342 – the law states that a food is considered adulterated if it is sourced from a non-slaughtered animal (Section 342 a-5). This law is similar to state law (item 65-664) mentioned above.

Current conditions in pet food are a result of state and/or federal laws not being enforced. As it is not my personal goal to financially damage pet food companies due to authorities lack of enforcement, or financially damage the rendering industry (the companies that produce ingredients listed above) – I am asking you as my state legal Representative to do two things. One – make certain that pet foods abide by both federal and state labeling laws; and two – (with respect to the financial stability of the pet food industry) require pet foods that contain an ingredient that is in violation of state/federal law to include a warning on the label – or ask authorities to fully enforce existing laws. Example warning label could state: ‘Warning. This pet food could contain ingredients that are in violation of federal and state law. Handle and store with care.’ The consumer warning should be required to be implemented immediately, and placed in a highly visible area on the pet food label.

Thank you for your time and consideration of pet food consumers.

Thank you –

(Your signature)