The FDA is typically guarded, but of late it seems the agency is letting their guard down and allowing pet food consumers to see what actually is allowed into pet food. FDA used to hide their secrets, but not now. Within the past month, FDA has openly admitted the agency does not enforce law with pet food – not once, but twice.
In a March 2016 meeting with FDA, the agency openly stated they will continue to allow pet food to violate federal law. “We’re going to allow animals that have died other than by slaughter that are further processed; we will allow those ingredients in pet food.”
In early March, I sent FDA questions asking the agency to define what ‘animals that have died other than by slaughter’ means. In several back and forth conversations, finally the FDA responded with this (received today 4/11/16 – bold added for emphasis)…
The Federal Food, Drug, and Cosmetic Act (FFDCA) requires that all animal foods, like human foods, be safe to eat, produced under sanitary conditions, contain no harmful substances, and be truthfully labeled. Processed pet food, including pet food consisting of material from diseased animals or animals which have died otherwise than by slaughter, goes through a kill step, such as heat processing, which is designed to kill harmful bacteria.
In addition, canned pet foods must be processed in conformance with the low acid canned food (LACF) regulations to ensure the pet food is free of viable microorganisms. Before processing, these commodities may be considered in violation of 402(a)(5), however, when properly processed in accordance with these regulations, CVM considers canned pet foods, otherwise not in violation of the statute or regulations, to be safe and suitable for consumption by pets regardless of the origin of animal tissues used. CVM considers the retorting temperatures involved in the canning process adequate to destroy pathogenic organisms. LACF regulations define the process as adequate under the conditions of manufacture for a given product to achieve commercial sterility, either by 1) the application of heat which renders the food free of microorganisms capable of reproducing in the food under normal nonrefrigerated conditions of storage and distribution and free of viable microorganisms (including spores) of public health significance, or by 2) the control of water activity and the application of heat which renders the food free of microorganisms capable of reproducing in the food under normal nonrefrigerated conditions of storage and distribution.
The Center will consider regulatory action based on low acid canned food violations alone where the report indicates a probable hazard to pets. CVM will also consider regulatory action against canned pet food on the basis of use of decomposed animal tissues or use of tissues containing violative drug residues.
FDA did not answer my question, it was the typical blah, blah, blah regulatory jargon – EXCEPT for this statement:
“Processed pet food, including pet food consisting of material from diseased animals or animals which have died otherwise than by slaughter, goes through a kill step, such as heat processing, which is designed to kill harmful bacteria.”
The above statement is the second admission by FDA that some pet foods violate federal law within one months time. Years ago when I first began questioning the agency, FDA was very guarded and never admitted the agency did not enforce law with pet food. Today, they openly admit it. They have changed their attitude.
FDA’s attitude now is to – attempt – to validate their lack of enforcement by stating illegal material (diseased or non-slaughtered animal material) is safe because it has gone through a kill step to destroy microorganisms. Does killing microorganisms make this material legal? Absolutely not. Does killing microorganisms make this material safe for pets to consume and safe for consumers to bring into their homes? Absolutely not.
Another statement from their response “CVM will also consider regulatory action against canned pet food on the basis of use of decomposed animal tissues…”
The agency will “consider“ regulatory action against a canned pet food (and only a canned pet food) use of decomposing animal tissues? Consider? It makes me wonder what the circumstances would be for FDA to take action on decomposing animal tissues in canned pet food? Are 3 day old decomposing animal carcasses acceptable but 5 day old decomposing animal carcasses are not? I will ask the FDA, but I’m confident they won’t tell.
From the FDA website: “FDA is charged with the enforcement of the Federal Food, Drug, and Cosmetic Act (the Act). Under the Act, a part of FDA’s responsibility is to ensure that human and animal foods are safe and properly labeled.”
To be clear – FDA has NO authority to pick and choose which laws they will enforce. But somehow they do. Somehow the FDA gets away with picking and choosing which laws of the Federal Food, Drug, and Cosmetic Act they will enforce. Human Grade Pet Food – yep, enforce every detail of the FD&C Act. Raw Pet Food – yep, enforce every detail of the FD&C Act. But kibble and canned non-human grade pet food…we’ll let them violate this law, and this law, and this law.
Until the day arrives that pet food consumers sue the FDA forcing them to enforce law (and we will!), be aware that any pet food – regardless of price – containing one of the following ingredients could contain diseased animal material, non-slaughtered dead animal material, euthanized animal material, and/or decomposing animal material (all of these pet food ingredients DO NOT have the requirement to being sourced from a slaughtered animal)…
Chicken by products, Chicken by-product meal, Turkey by-products, Turkey by-product meal, Meat Meal, Beef Meal, Lamb Meal, Venison Meal, Meat and Bone Meal, Animal Fat and Animal Digest.
If your pet’s food contains one or more of the above ingredients, ask the manufacturer for proof that they do not source from diseased, non-slaughtered dead animal material. The responsibility of proof lies with the pet food manufacturer. If they can’t prove quality ingredients to your satisfaction, find another pet food.
Wishing you and your pet(s) the best,
Susan Thixton
Pet Food Safety Advocate
Author Buyer Beware, Co-Author Dinner PAWsible
TruthaboutPetFood.com
Association for Truth in Pet Food
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Anthony Hepton
April 11, 2016 at 5:39 pm
Susan, As you are well aware, FDA/CVM has completely dismissed USDA/ APHIS published statement regarding the heat treatment of contaminated carcass material which states, ” The cooking step of the rendering process kills most bacteria, but does not eliminate endotoxins produced by some bacteria during the decay of carcass tissue. These toxins can cause disease, and pet food manufactures do not test their products for endotoxins.”
FDA continues to regard the “Kill Step” as sufficient to make ALL products safe, but in our discussions with FDA they recognized that there were probably “outliers” that could be problematic, but that they were not in a position to do the research necessary to establish a tolerance for endotoxins.
It is not the responsibility of FDA to produce a safe product, that responsibility clearly rests on the shoulders of the manufactures. However, it is the responsibility of FDA to enforce regulation that fall into their jurisdiction. Because there is clearly the possibility, or more likely the probability, that byproducts from rendered diseased animals are contaminated with toxins that can cause disease, FDA should be required to protect the public and their pets from ingredients that can cause disease. If this requires a law suit against FDA/CVM count me in.
Carole
April 11, 2016 at 6:26 pm
If I fed dog food and read this, it would be the last time a bag or can would be in my house.
What are we doing to our dogs, who provide so much to us all.
Valerie
April 11, 2016 at 7:00 pm
an equal concern is the packaging materials left on spoiled grocery meats that are distilled into the stew of pet food ingredients. The plastic wrap, labeling, foam trays, etc. are left with the meat. What about these issues???
Susan Thixton
April 11, 2016 at 7:08 pm
The rendering industry told us at an AAFCO meeting that all packaging is removed. Do I believe that? No. But that is what the industry claims. And FDA doesn’t really care about that either. They had no response when this was discussed (at AAFCO). During this same conversation was when Dr. Cathy Alinovi spoke out against this practice, and the room boo-ed her (industry).
Peter
April 11, 2016 at 7:10 pm
It’s strange that FDA openly states that they will “consider regulatory action against canned pet food on the basis of use of decomposed animal tissues or use of tissues containing violative drug residues” when that is precisely what “material from diseased animals or animals which have died otherwise than by slaughter” is.
Andrea
April 11, 2016 at 11:09 pm
“Consider” means they won’t do a damn thing! Cooking the hell out of diseased, decaying meat will not destroy dangerous toxins. It creates additional toxins. The FDA should know this. (Or rather, they do know, but don’t care.) Heck, we would get violently ill, some would even die from poisoning, if we were told it was safe for humans to overcook expired meat to make it ‘safe’. No different for our pets. Heck, it’s been mentioned in the news every now and then, especially in the summer, that bbq’d meat causes cancer. Cooking meat at high temperatures creates carcinogens.
CHUCK LINKER
April 12, 2016 at 12:28 am
That’s great if the FDA is “letting it’s guard down”.
However, if so, how long do we have to wait to see if “60 Minutes” gives it a 20 minute segment?
That may open the eyes of millions of Americans who never read the label on their pet foods nor their own.
Mandy B
April 12, 2016 at 10:24 am
I would love to see a documentary about the pet food industry released on Netflix. The general public would be horrified.
Cindy
December 11, 2016 at 12:56 pm
Great idea. Better yet on public channel “How It’s Made”.
steve trapich
April 12, 2016 at 10:15 am
Pedigree dog food Is that included in your list
steve trapich
April 12, 2016 at 10:16 am
There’s your statement include pedigree dog food
Gitta
April 12, 2016 at 3:46 pm
I fear if the various “free trade agreements” become reality, all this may be a moot point. Any country with lower standards can and will bring a law suit against this government for hindering their pet food sales. Even future scientific results that might prove these ingredients to be highly toxic would not alter these trade agreements. We already have our first taste: as consumers we no longer have the right to know the country of origin of the meat we purchase for our meals. http://www.wsj.com/articles/house-votes-to-remove-country-of-origin-labels-on-meat-sold-in-u-s-1433990294
Anthony Hepton
May 9, 2016 at 2:00 pm
A review of the responsibilities of FDA’s Center for Veterinary Medicine (CVM) shows they have an Office of Surveillance and Compliance, which is responsible for animal food safety. They have the primary responsibility for pet food safety and are charged with the responsibility of enforcing industry compliance with FFDCA, the Federal Food, Drug and Cosmetic Act. This is their written mandate. They have failed miserably as they have openly said that they will choose which parts of FFCDA they will enforce when it comes to pet food. If we cannot depend on the regulators to enforce their own regulations which were promulgated to protect the public and their pets, we have no regulations, period.
Lena
June 4, 2016 at 12:26 pm
And what about CHICKEN/TURKEY/DUCK MEAL?? Are they any different?
Susan Thixton
June 4, 2016 at 12:43 pm
Any poultry meal (chicken/turkey/duck) is required through legal definition to be sourced from a slaughtered animal. That can come with risks too, but at least it is not allowed to be sourced from dead/non-slaughtered animals. Poultry by-products and by-product meal do not have the requirement to be sourced from a slaughtered animal – so by-products can be sourced from diseased animals.
Lena
June 5, 2016 at 4:33 am
Thanks for the clarification!
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B Bidlake
July 11, 2020 at 2:49 pm
My dad was a vet who worked in animal health for the State of Washington and he spent a lot of time inspection slaughter and meat processing plants enforcing state health regs.many years ago he told me that any processed pet food must be fit for human consumption
Times have changed, guess!