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Florida allows Unsafe Pet Food to be Sold to Unknowing Consumers

Florida law is very clear, Florida enforcement of that law is not so clear. It appears that the state of Florida is openly ignoring law allowing clearly defined “unsafe” pet food to be sold to consumers.

Florida law is very clear, Florida enforcement of that law is not so clear. It appears that the state of Florida is openly ignoring law allowing clearly defined “unsafe” pet food to be sold to consumers.

Every single US state is ignoring federal law with pet food, but 14 states also ignoring state law. Florida is one of those 14. Florida is where this consumer (and consumer advocate) lives, so Florida is where I began my fight for pet food to abide by law.

Florida law is very specific when it comes to pet food/animal feed. Florida law is almost identical to federal law – the federal Food, Drug and Cosmetic Act. Florida law states a pet food or animal feed is adulterated (illegal) (bold added) “(h)If it is, in whole or in part, the product of a diseased animal or of an animal that has died by a means other than slaughter which is unsafe within the meaning of s. 402(a)(1) or (2) of the Federal Food, Drug, and Cosmetic Act.”

Notice that Florida law states that diseased animal material and/or material from animals that have died other than slaughter is “unsafe“. But, Florida does not seem to be enforcing this law. Florida seems to be allowing “unsafe” pet foods to be sold to unknowing consumers.

Example: Selling in every grocery store across the state of Florida are the pet foods Beneful and Meow Mix; pet foods that contain ingredients allowed to be sourced from diseased or animals that have died other than slaughter.

Beneful Original with Real Beef dog food includes the ingredients “Chicken by-product meal, Animal fat, Meat and bone meal, and Animal Digest”. All four of these ingredients are allowed – through their legal definition – to be sourced from diseased or animals that have died other than slaughter.

Meow Mix Tender Centers Salmon and Turkey Flavors with Vitality Bursts cat food contains the ingredients “Chicken by-product meal, Animal fat, Animal digest, Turkey by-product meal”. All four of these ingredients are allowed – through their legal definition – to be sourced from diseased or animals that have died other than slaughter.

If the state of Florida was enforcing law, they would/should require Beneful and Meow Mix to sign affidavits confirming that their ingredients are NOT sourced from diseased or animals that have died other than slaughter – confirming their ingredients abide by Florida law. Further, Florida should make those affidavits public information as assurance to pet food consumers. But…Florida isn’t doing that. Florida – just like every other state – is counting on consumers not knowing/not understanding the definitions of pet food ingredients.

And there is a $100.00 obstacle in the way of consumers understanding pet food ingredient definitions. Pet food ingredient definitions are NOT public information. For a consumer to learn the definition of Chicken by-product meal, Animal fat, Meat and bone meal, Animal Digest and every other ingredient in their pet’s food, they must purchase the AAFCO Official Publication – which costs $100.00 a year. There are not many pet food consumers that would pay $100.00 a year for the pet food rule book, so most consumers don’t know what they are purchasing. Which works out perfectly for authorities.

Keeping consumers in the dark to what they are purchasing in a pet food is the foundation of lack of enforcement of law. Consumers don’t know, consumers don’t complain. Business goes on as usual.

I happen to be one consumer that does pay $100.00 a year for the pet food rule book. Thus I know the legal definitions of 4 ingredients in Beneful and 4 ingredients in Meow Mix are allowed to be sourced from illegal/adulterated foods. But even when a consumer does know the legal definitions of pet food ingredients…answers are not easily provided by regulatory authorities. Below is an overview of the attempts I’ve made to talk with someone at Florida Department of Agriculture as to why my state is not enforcing pet food law…

On February 14, 2016 I sent Florida Department of Agriculture an email asking why state law is not being enforced. No response. Another email, and two phone messages…no response.

Another phone call – received a different contact potential…3 phone calls to him, no response.

Another phone call, spoke with a colleague of above person – she emailed him – cc’d me on the message -asking him to call me. No response.

On April 14, 2016 I contacted Florida Senator Jack Latvala office, explained the situation. Next day received an email from Florida Department of Agriculture press secretary asking “How can I help?” Explained the Florida lack of enforcement with pet food situation. He promised to get back to me.

1 week later, no response. Sent follow up. Response received: “I’ve been researching the issue and will be in touch soon.”

1 week later, no response. Follow up with email and voice mail. Response received: “Very sorry, have been out of the office. Will follow up first thing in the morning when I get back. Thanks for the patience.”

1 week later, no response. Sent follow up email. Response received May 4, 2016:

“Thank you for your interest in this issue, Ms. Thixton. According policy currently sanctioned by the U.S. Food and Drug Administration’s Center for Veterinary Medicine (FDA-CVM), the inclusion of these products in not in violation of the law.  The FDA-CVM based this policy on data indicating a minimal risk associated with the remains of animals that may have died otherwise than by slaughter, once subjected to the rendering process.”

Response sent to Florida Department of Agriculture same day:

“CVM policy is not law. CVM Compliance Policy Guides openly admit they are only “guidance” for FDA representatives – they are not law. So we still have the issue of law. And we have the issue of Florida State Law which CVM has absolutely nothing to do with.

And regards to risk – the USDA states rendered dead animals ARE a risk to pets. “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 manufacturers do not test their products for endotoxins.” Source: http://krex.k-state.edu/dspace/bitstream/handle/2097/662/Chapter4.pdf?sequence=15&isAllowed=y

Risk aside, we still have the issue of Florida feed law. So can you explain why Florida is not enforcing this law?”

1 week later, no response from Florida. Sent follow up.

1 week after that, requested the “data indicating a minimal risk associated with the remains of animals that may have died otherwise than by slaughter”. No response.

On May 13, 2016 I filed a Freedom of Information Act request with FDA. Request number FDA1625983 which asked…

CVM has Compliance Policy relating to pet food and rendered ingredients. CPG 675.400 Rendered Animal Feed Ingredients and CPG 690.300 Canned Pet Food are the Compliance Policies that I am requesting data on. I am requesting the CVM data that these Compliance Policies were based on – specifically the data that proves rendered diseased or non-slaughtered animals is not a risk to pets. It is assumed CVM has science to prove diseased and/or non-slaughtered are of no risk to pets. I am requesting the science CVM has on this issue (proof this material is of no risk to pets).

Also CPG 675.400 states “In addition, the Center for Veterinary Medicine does not believe that Congress intended the Act to preclude application of different standards to human and animal foods under Section 402.” I am requesting the data that CVM bases their “does not believe that Congress intended the Act to preclude…animal food” on. Specifically I am requesting evidence CVM was provided by Congress stating FD&C Act excludes animal food.

Today May 16, 2016 I contacted the Florida Attorney General Office. Waiting for a return call.

 

Will Florida or FDA provide that data? It is highly unlikely. Because I’m confident that data does not exist or it is so nondescript it would make them look foolish by providing it.

Florida Department of Agriculture has the tagline ‘Fresh from Florida’. As it turns out, Florida Department of Ag is not so fresh.

Should Florida ever respond…should the conversation that should have happened 3 months ago ever take place, it will be posted. And should FDA ever provide response to my Freedom of Information Act request, it will be posted. We wait.

 

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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15 Comments

15 Comments

  1. Kathryn S

    May 16, 2016 at 1:02 pm

    Where can I locate a list of the remaining 13 states?

  2. Laurie Raymond

    May 16, 2016 at 4:33 pm

    We could help you, Susan, and up the ante, as it were, by all of us inundating officials with emails, calls, questions — and contacting our state representatives. There are also online petition sites — change.org , for example, that would swamp these stonewalling bureaucrats. Smart of you to get your Congress person involved — that’s supposed to be one of their jobs! So, especially for residents of the 14 states whose rules big pet food is also ignoring, we maybe ought to start a serious campaign to force them to answer on the record. You have been terrific at getting the information out to consumers. It’s time to show that there is a groundswell or reaction from us consumers and we won’t be put off any longer.

  3. Brenda, Tito, and Chewy

    May 17, 2016 at 10:39 am

    In a way, im not so shocked because its so clear that government is turning into another big business coorporation out to make money off the backs of the people. Thank you for your continuous and consistent efforts to get the facts and information out. Because of your valuable and informative emails and website, my dogs are eating much safer foods and are healthier for it!! I was one of the many who believe our government and state leaders are there to watch out for and be concerned for our safety from greedy coorporations but sadly, im learning this is not the case. If it were not for people like yourself, doing the hard and meticulous work you do, I would have continued to remain ignorant of dog food dangers, and my babies would suffer for it. I cannot thank you enough.

  4. Mimi

    May 17, 2016 at 12:09 pm

    Susan, thanks so very much for your investigaton into this. Susan if these pet food companies dont use legally slaughtered animals does that mean they use euthanized dogs and cats at kill shelters? If so, can you please provide me that fact because I will share it far and wide. Also, what can we do as responsible pet parents to force these companies to publicly publish ingredients and stop using animals that are not legally slaughtered?

    • Susan Thixton

      May 17, 2016 at 12:26 pm

      I can’t say that I know with certainty that any pet food uses euthanized pets. I can say with certainty that euthanized pets and euthanized laboratory animals are not legal to be ‘buried’ in landfills – US Fish and Wildlife published a report years ago that wildlife consume euthanized animals and die (https://www.fws.gov/mountain-prairie/poison.pdf). The result of this investigation was very strict rules prohibiting euthanized animals to be landfilled. So – euthanized pets at shelters have to go somewhere – rendering is about the only option. That material goes somewhere – but we don’t know where.

      • Carol North

        May 18, 2016 at 5:07 pm

        Susan, I have the video of the former head of AAFCO stating that Fluffy could end up in pet food. I am assuming you have that as well but if not, let me know and I’ll send it to you. I have also published articles quoting an employee of a Baltimore rendering plant admitting that dogs and cats do end up in rendering vats. I, too, live in Florida and am willing to help if needed. I don’t come close to possessing your knowledge of the problem and the industry itself, but I’m happy to help.

    • Cheryl Mallon-Bond

      May 17, 2016 at 1:05 pm

      Hey Mimi, I too want this info on whether cats & dogs that have been euthanized at shelters are being picked up by renderers & make there way into the “pet food” chain. Maybe this is the reason why the legal loophole definition “died by other means than slaughter” is so loosely allowed. When “they”subsequently are saying there is no legal term of what “slaughter” means, this seems to be a convenient way of them just covering up the truth they don’t want the public to know. Any reasonable person with half a brain surely knows what the hell “slaughter” means! For any regulatory agency, (including AAFCO) to not have this term in legal terminology, just reeks of them trying to cover things up!. If there was a legal definition, then they would be held accountable, and that is exactly what they are working real hard at skirting around. It is easy for people to get confused with all the terminology of what is going on with the pet “food” industry, but I know one thing for sure, if the general public were to find out that our dogs & cats were eating other dogs & cats that were euthanized, people would definitely cause an uproar! This is what needs to be investigated & blown out of the water. I had suggested in a prior post that Susan contact Bill Maher. Bill is a huge animal activist, he also is executive producer to another show on HBO called “Vice”. It does in depth investigative reporting. If they took this issue on, it could really help expose the truth on a more widespread level.

  5. Sherrie Ashenbremer

    May 17, 2016 at 4:00 pm

    it just gets worse and worse

    • cathy

      May 19, 2016 at 12:04 pm

      and we keep paying more and more taxes….and we keep paying congress six figures and gold plated benefits….and we keep re-electing 90% of them when they have a 10% approval rating…why? how long would you keep your six figure job with a 10% approval rating from the person paying you??

  6. cathy

    May 19, 2016 at 12:02 pm

    Florida allows unsafe vehicles also.
    and why over pay congress to keep passing laws? if they are not enforced?
    why tax us? if Washington can just print and spend dollars with no correlation to anything?
    the federal government is the problem with everything and the solution to nothing.
    what to do?

  7. cathy

    May 19, 2016 at 12:04 pm

    and we keep paying more and more taxes….and we keep paying congress six figures and gold plated benefits….and we keep re-electing 90% of them when they have a 10% approval rating…why? how long would you keep your six figure job with a 10% approval rating from the person paying you??

  8. Interested

    May 20, 2016 at 3:14 pm

    If a PF company knowingly uses an adulterated ingredient, which is against the law, isn’t the company breaking the law? Can’t the company be sued? [Or, are they not at fault, because there is no intention of enforcing the law?]

    If a retail store is selling the product with an illegal ingredient, can’t they also be sued?

    Why has no Class Action suit been mentioned?

  9. Rico

    August 20, 2016 at 3:50 pm

    Don’t buy Kit N Kaboodle dry cat food in any size bag. This killer cat food killed 3 of my cats. All three cats could not urinate they had a blockage in their kidneys from eating the food. My third cat I took to a animal hospital and they told me it would cost $1200 dollars to save the animals life then he would have to have medicine and special cat food the rest of his life and since I did not have $1200 dollars I had no choice but to put him to sleep. I notified the Food and drug administration and they only wanted me to fill out a complaint form but they would not recall Kit N Kaboodle.

  10. Reader

    August 20, 2016 at 5:43 pm

    A PF manufacturer should display the ingredients of a selected formula in less than 4 clicks on their website. Purina never did state the ingredients of this formula. Neither was it found on Amazon or Chewy. Not a good sign.

    TAPF has been around since the 2007 Recall, when lessons were learned about the untrustworthiness of PF manufacturers. Thank heavens for the internet which makes possible researching any product before it’s fed to a pet. Blessings to you for warning other novice pet owners, but very, very sad for the poor cats.

    Except for the taurine, calcium and chloride mentioned in the ingredients, I can’t even figure out what’s more “complete and balanced” about this PF, that wouldn’t be as nutritious by opening up a can of human grade chunk chicken! Then adding an appropriate amount of Taurine. I’ve priced it, and canned human grade chicken isn’t more than an average can of quality cat food!

    What Purina offers below, is criminal! NO cat eats corn. Ever. Never has, never will! We know meat and bone meal comes from rendered animals NOT necessarily USDA Inspected and Approved. And (as I understand about cats) they shouldn’t be eating DRY CAT FOOD anyway! It’s starchy and challenges the renal system.

    KNK Ingredients: Ground Yellow Corn, Corn Gluten Meal, Meat and Bone Meal, Soybean Meal, Animal Fat Preserved With Mixed-Tocopherols (Form of Vitamin E), Chicken By-Product Meal, Turkey By-Product Meal, Animal Liver Flavor, Phosphoric Acid, Salmon Meal, Tuna Meal, Salt, Potassium Chloride, Calcium Carbonate, Choline Chloride, Taurine,

    People ought to sue Purina.

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