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New Hampshire Pet Food Law

Pet food regulations in New Hampshire:

Title XL Agriculture, Horticulture and Animal Husbandry Chapter 435 Animal Care, Breeding and Feed Commercial Feed
435:19 Definitions.
XVIII. “Pet food” means any commercial feed prepared and distributed for consumption by pets.

Source: http://www.gencourt.state.nh.us/rsa/html/XL/435/435-19.htm

435:23 Adulteration. – A commercial feed shall be deemed to be adulterated:
III. If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.

Source: http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XL-435.htm and http://www.gencourt.state.nh.us/rsa/html/XL/435/435-23.htm

From the FDA website, it appears New Hampshire 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 New Hampshire Representatives…

Dear _________,

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

New Hampshire defines pet food as: Title XL Agriculture, Horticulture and Animal Husbandry Chapter 435 Animal Care, Breeding and Feed Commercial Feed, 435:19 Definitions. XVIII. “Pet food” means any commercial feed prepared and distributed for consumption by pets.

New Hampshire defines an adulterated pet food as: 435:23 Adulteration. A commercial feed shall be deemed to be adulterated: III. If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.

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 ‘quality’ falls below what is ‘represented on the label’. But none of these pet foods and many more are being held to state law.

Per the FDA website, it appears that New Hampshire has adopted the Federal Food, Drug and Cosmetic Act into state law. I am uncertain if New Hampshire 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). However right now in New Hampshire 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 federal 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 federal law defined adulterated ingredients; an estimated $19 million dollars worth sold every single day in the U.S.

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 New Hampshire Attorney General…

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

New Hampshire defines pet food as: Title XL Agriculture, Horticulture and Animal Husbandry Chapter 435 Animal Care, Breeding and Feed Commercial Feed, 435:19 Definitions. XVIII. “Pet food” means any commercial feed prepared and distributed for consumption by pets.

New Hampshire defines an adulterated pet food as: 435:23 Adulteration. A commercial feed shall be deemed to be adulterated: III. If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.

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 ‘quality’ falls below what is ‘represented on the label’. But none of these pet foods and many more are being held to state law.

Per the FDA website, it appears that New Hampshire has adopted the Federal Food, Drug and Cosmetic Act into state law. I am uncertain if New Hampshire 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). However right now in New Hampshire 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 federal 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 federal law defined adulterated ingredients; an estimated $19 million dollars worth sold every single day in the U.S.

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.

(Your signature)