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Pennsylvania Pet Food Law

Pet food regulations in Pennsylvania:

The Pennsylvania Code Chapter 72. Pet Food
72.11. Misrepresentations.
(a)  A vignette, graphic or pictorial representation of a product on a pet food label shall not misrepresent the contents of the package.

Sources: http://www.pacode.com/secure/data/007/chapter72/chap72toc.html
http://www.pacode.com/secure/data/007/chapter71/chap71toc.html
http://www.agriculture.pa.gov/Protect/PlantIndustry/CommercialFeed/Documents/007_0072.pdf

From the FDA website, it appears Pennsylvania 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 Pennsylvania Representatives…

Dear _________,

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

Pennsylvania law states: The Pennsylvania Code Chapter 72. Pet Food 72.11. Misrepresentations. (a)  A vignette, graphic or pictorial representation of a product on a pet food label shall not misrepresent the contents of the package.

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 ‘pictorial representation misrepresents’ the contents. But none of these pet foods and many more are being held to state law.

Per the FDA website, it appears that Pennsylvania has adopted the Federal Food, Drug and Cosmetic Act into state law. I am uncertain if Pennsylvania 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 Pennsylvania 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 Pennsylvania Attorney General…

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

Pennsylvania law states: The Pennsylvania Code Chapter 72. Pet Food 72.11. Misrepresentations. (a)  A vignette, graphic or pictorial representation of a product on a pet food label shall not misrepresent the contents of the package.

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 ‘pictorial representation misrepresents’ the contents. But none of these pet foods and many more are being held to state law.

Per the FDA website, it appears that Pennsylvania has adopted the Federal Food, Drug and Cosmetic Act into state law. I am uncertain if Pennsylvania 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 Pennsylvania 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)

Learn More

Human Grade & Feed Grade
Do you know what the differences are between Feed Grade and Human Grade pet food? Click Here.

 

The Regulations
Pet Food is regulated by federal and state authorities. Unfortunately, authorities ignore many safety laws. Click Here to learn more about the failures of the U.S. pet food regulatory system.

 

The Many Styles of Pet Food
An overview of the categories, styles, legal requirements and recall data of commercial pet food in the U.S. Click Here.

 

The Ingredients
Did you know that all pet food ingredients have a separate definition than the same ingredient in human food? Click Here.

Click Here for definitions of animal protein ingredients.

Click Here to calculate carbohydrate percentage in your pet’s food.

 

Sick Pet Caused by a Pet Food?

If your pet has become sick or has died you believe is linked to a pet food, it is important to report the issue to FDA and your State Department of Agriculture.

Save all pet food – do not return it for a refund.

If your pet required veterinary care, ask your veterinarian to report to FDA.

Click Here for FDA and State contacts.

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