FDA issues a warning to consumers against Hare Today, Gone Tomorrow pet food. Included in this warning the FDA told pet owners a direct lie.
On January 23, 2019 – the 33rd day of the federal government shutdown when the Food and Drug Administration (FDA) is supposedly ONLY in operation for “imminent threats” – the agency issued a warning titled “FDA Cautions Pet Owners Not to Feed One Lot of Hare Today Gone Tomorrow Due to Salmonella and Listeria monocytogenes“.
“The U.S. Food and Drug Administration is cautioning pet owners not to feed Hare Today Gone Tomorrow Ground Chicken/Bones/Organs, lot 12.04.2018, after a sample of the product collected by the FDA tested positive for Salmonella and Listeria monocytogenes (L. mono). The product is available in four sizes and varieties, all with the processing date of 12.04.2018 on the back of the bag:
- Ground Chicken/Bones/Organs, 1lb, Fine Ground
- Ground Chicken/Bones/Organs, 2lb, Fine Ground
- Ground Chicken/Bones/Organs, 3lb, Coarse Ground
- Ground Chicken/Bones/Organs, 5lb, Fine Ground
The FDA warning continues with…(significant issues in bold)…
“The FDA collected this sample while following up on a consumer complaint in which a kitten became sick with Salmonella after eating the recalled product. The specific lot of Hare Today Gone Tomorrow Ground Chicken/Bones/Organs that the sick kitten ate was not available for testing. The FDA collected samples from lot 12.04.2018, which tested positive for both Salmonella and L. mono. Although the Salmonella isolated from the feces of the sick kitten did not match the strain found in the product sample, Federal law requires that all pet food not be contaminated with pathogens, including Salmonella and L. mono, because of the potential impact on human and animal health.”
Is this an “imminent threat” to human or animal health or is this evidence of FDA bias?
Concern #1. The FDA could not (or chose not to) test the same lot of the pet food that the sick kitten consumed. In all the years of TruthaboutPetFood.com, I have NEVER seen the FDA issue a warning based on testing of a lot different than what the reported sick pet consumed.
Concern #2. FDA tested a different lot of pet food, but what they found DID NOT match the strain of the sick kitten’s feces. In all the years of TruthaboutPetFood.com, I have NEVER seen the FDA attempt to link a pet illness to a pet food when the evidence proves otherwise.
Concern #3. The FDA stated “Federal law requires that all pet food not be contaminated with pathogens, including Salmonella and L. mono…” This statement is absolutely FALSE.
The Federal Food Drug and Cosmetic Act defines an adulterated food as (in part): “§342. Adulterated food. A food shall be deemed to be adulterated- (a) Poisonous, insanitary, etc., ingredients: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health;”
No where in “federal law” can it be found that “all pet food not be contaminated with pathogens…” Where this statement is found is in FDA ‘policy’.
FDA ‘policy’ states “FDA considers an animal feed or pet food that may be injurious to health because it is contaminated with Salmonella to be adulterated under section 402(a)(1) of the FD&C Act. (21 U.S.C. 342 (a) (1))”
Note the words in this policy “FDA considers“. The policy doesn’t state ‘law considers’. This ‘policy’ is ONLY FDA opinion, it is not law as the FDA warning told pet owners.
And significantly, on the ‘policy’ “Compliance Policy Guide 690.800 Salmonella in Food for Animals“, it clearly states at the top of the document…
“This guidance represents the Food and Drug Administration’s (FDA’s) current thinking on this topic. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public.“
In no uncertain terms – a Compliance Policy IS NOT LAW as the FDA warned consumers.
Why would FDA lie to the public with this statement? Perhaps they desperately believe they are right and law is wrong…I don’t know. But for certain, the agency is NOT charged with interpreting law to their whim.
Another FDA policy regarding pet food (CPG 690.300 Canned Pet Food) states:
“Pet food consisting of material from diseased animals or animals which have died otherwise than by slaughter, which is in violation of 402(a)(5) will not ordinarily be actionable, if it is not otherwise in violation of the law. It will be considered fit for animal consumption.”
Again, allowing diseased animals or non-slaughtered animals (such as euthanized animals) in pet food is NOT allowed by law. In fact it is a direct violation of federal law. FDA doesn’t enforce law as the agency is charged to do. Instead the agency acts independent of laws they are charged with enforcing.
How can any consumer have confidence in their pet’s food when law is repeatedly ignored by the federal agency regulating it? They can’t.
And by the way, this FDA warning is the second warning issued against a raw pet food company with no confirmed instance of a sick human or pet during the government shutdown. The first was issued to Answers Pet Food ten days ago.
I encourage every pet owner to email their Representatives in Congress and demand that FDA enforce law as it was written, NOT as the agency chooses. We are not asking for anything other than uniform enforcement of law across all styles of pet food. It shouldn’t be this hard.
Wishing you and your pet(s) the best,
Susan Thixton
Pet Food Safety Advocate
Author Buyer Beware, Co-Author Dinner PAWsible
TruthaboutPetFood.com
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Dianne & Pets
January 24, 2019 at 2:15 pm
Are they testing any kibble during this shutdown? I seem to recall that PFI stated it was practically impossible to ensure that kibble did not have salmonella. So wasn’t a certain level or below considered acceptable?
Susan Thixton
January 24, 2019 at 2:32 pm
To my knowledge they are not testing kibble. Law states that levels of any substance that is “not added” – which Salmonella is not – must be at a level to cause illness. But FDA takes their own position, they do not enforce law.
Dawn
January 24, 2019 at 3:36 pm
I have purchased product from Hare Today Gone Tomorrow for years. They are an excellent quality company!
I feed 6 cats and I big Yellow Lab! I have never has any issues with their products. The FDA is on some kind of witch hunt and needs to be reined in sooner rather than later. This particular one just makes my blood boil. Our gov’t is so corrupt through and through.
I will contact my state’s congressmen for all the good it will do.
Thank you Susan for your tireless work in bringing these shameful, sneaky things to light.
Judi Perrin
January 24, 2019 at 4:57 pm
I have fed Hare Today for almost 20 years. When I read how the FDA didn’t match the samples, I thought the entire warning seemed ridiculous. Hare Today offers an amazing product, which is packaged beautifully and shipped frozen.
Jutta
January 24, 2019 at 6:42 pm
I will pay attention to their words of wisdom as soon as they warn consumers not to buy ANY raw meat, ANY raw fruits and vegetables and to stay away from fast food restaurants. As soon as they do that, I’ll listen to their “warnings”.
Susan Thixton
January 24, 2019 at 6:43 pm
Excellent point!
Loraine Sullivan
January 24, 2019 at 8:01 pm
I was just reading about a recent salmonella outbreak and it stated this – ““While it’s true that finding salmonella bacteria on chicken is common — the USDA allows about 15 percent of chicken parts at processing plants to test positive for salmonella, for example — some strains can be significantly more dangerous than others, says Rogers. The strain involved in this outbreak, called 4,[5],12:i, is known to cause serious illness.” Is this true? If the USDA allows up to 15% of chicken to test positive for salmonella before there is any recall or warning, why isn’t this same percentage used for raw dog food? If I remember right, going back to the 2014 Foster Farms fiasco, it was 20% allowance for salmonella contamination before a recall was done.
Susan Thixton
January 24, 2019 at 8:14 pm
I am not confident what exact percentage is allowed – but I am confident it is true.
Ray
January 24, 2019 at 8:40 pm
Is this new? Hare-Today “fought back” and won.
https://www.facebook.com/haretoday/photos/a.294124970600542/2340260959320256/?type=3
Susan Thixton
January 24, 2019 at 8:50 pm
I’m sure the FDA is not done with them. Not done with their bullying of raw pet food.
Pat Duncan
January 24, 2019 at 8:41 pm
I have fed Hare Today for over 10 years, and I have always found Hare Today to have excellent products and service. I just cannot recommend them more. I know many others feel the same as I do. The above article is very disturbing to me. I feel that raw food companies have a bullseye on them, and I thank Susan for bringing this to our attention. I, for one, feel as though our federal administration is out of control, each agency seems to be there to create pure havoc, and I sure hope the general electorate is paying attention as 2020 will be here before we know it. Very stressful times, for sure!
Chris
January 24, 2019 at 10:49 pm
Have these raw food companies (such as now gone Rad Cat or Hare Today) thought of banding together for a class action lawsuit against FDA detailing the uneven games played by the FDA causing loss of business?
landsharkinnc
January 25, 2019 at 6:19 am
at the rate they are going, it won’t be long before we are not going to be able to purchase raw meats from a ‘grocery’ store or butcher shop!
Dianne & Pets
January 25, 2019 at 1:29 pm
No doubt the processed food industry would love this, after all, it cuts into their profits and market share if people do their own cooking.
barbara m
January 25, 2019 at 3:46 pm
Pets that have Salmonella and Listeria in their gastrointestinal tract are carriers of the bacteria and pass it onto their human companions, perhaps without appearing to be ill. I hope your readers are aware of the seriousness, regardless whether they have been feeding this product for decades, or the Lot numbers are different. Why gamble with the health of you, your family, and your pets? If by chance your pet has Listeria or Salmonella, when they groom themselves, the feces is automatically transferred onto their fur. When you or your children pet the dog or cat, the bacteria will be automatically passed onto the human companions. This is esp dangerous for a pregnant woman, (who can abort), the elderly, or the immune compromised. If you believe the raw food industry is being unfairly targeted = Beware. There is a reason the food has been recalled
Susan Thixton
January 25, 2019 at 4:10 pm
Barbara – this is not a recall. A recent AAFCO survey of pet owners confirmed that consumers know how to handle raw meat; “When evaluating the raw product, most consumers are aware of the danger of salmonella and follow cleanliness practices to prevent it, both in human and pet food.” While you are correct that Salmonella can make a human sick – they ONLY will get sick if there is a sufficient load of bacteria to cause illness and the species type of Salmonella is known to cause illness. Bacteria is everywhere in our environment – to expect our world to be sterile is an impossible expectation. To determine if this pet food is indeed a risk, the FDA first must species type the bacteria (not all Salmonella strains cause illness) and then quantify the load of bacteria. The FDA has not done this. Further, the pet food manufacturer noted that the samples were received by FDA in a manner not abiding by federal law (they were not sealed). Thus the FDA positive results could be from their own contamination, not within the pet food. I refuse to judge this pet food until all of the information is known.
barbara m
January 31, 2019 at 7:59 pm
I am not aware of any FDA rule or regulation or guidance document that states permissible levels of Salmonella in food.
It is true that not all Salmonella serotypes/species are equally pathogenic to humans or to animals. However, the dose required to cause illness is also dependent on the state of immune system health of the individual (including age, chronic illnesses, medications being taken, etc.).
There are two other reasons why FDA does not follow a dose-related guideline for Salmonella. (1) Temperature abuse will allow Salmonella to multiply in a food such as raw meat, and (2) Salmonella will proliferate in the large intestine of an infected animal, and be shed in the feces.
As to whether the FDA contaminated the samples, they say they did not. So we could argue that til the cows come home.
Susan Thixton
January 31, 2019 at 10:14 pm
The Federal Food Drug and Cosmetic Act defines an adulterated food as (in part): “(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health.” Salmonella is not “an added substance” therefore it is required by law to be of a “quantity” to “render it injurious to health”. No argument at all on law.
JJ
January 28, 2019 at 7:39 pm
My pups have been THRIVING from the raw food from Hare Today! The FDA must be bored if they’re even worrying about this! The amount of garbage on *human* food shelves is so sad and ignorant! Why are they so dumb!