Human Grade Pet Food Threatened in California

The state of California has begun an attack on human grade pet foods, shutting down one manufacturer thus far. Consumer help is needed.

Of all U.S. states, California has the strangest system of regulation of pet foods/animal feeds. The California Department of Agriculture regulates livestock feeds and raw pet food, but the California Department of Public Health regulates all “processed” pet foods (kibble, can, cooked, etc.). And just like all other states, the California Department of Public Health pet food regulations DO NOT prohibit diseased animals or animals that have died other than by slaughter as processed pet food ingredients (with no warning or disclosure to pet owners).

But opposite of all other U.S. states, opposite of AAFCO’s legal definitions, and opposite of the FDA approval…the California Department of Public Health has recently refused to renew the license of a human grade pet food. California has refused to allow the human grade pet food to be manufactured or sold. And not just within the state of California, the California Department of Health is controlling how this human grade pet food is labeled in all other states (well outside their jurisdiction).

The California Department of Public Health has refused to renew the license of Frenchie’s Kitchen dog food. It is a human grade pet food, manufactured in a human food manufacturing facility meeting all legal requirements of human grade as defined by AAFCO and established by FDA. California Department of Public Health had issued a license to Frenchie’s Kitchen for 5 previous years…and suddenly, with no warning California forced them to stop production in June 2020.

California’s ONLY statement to why they took this action has been ‘we don’t allow pet foods to be labeled as human grade’.

California has no problem with pet foods utilizing illegal ingredients sourced from diseased animals or animals that have died other than by slaughter being sold to unknowing consumers…but they refuse to allow a law abiding pet ‘food’ to be manufactured.

California has laws prohibiting misleading images on pet food labels, but they blatantly ignore those laws with feed grade pet foods.

The state of California has received $2,250,000.00 of federal funding since 2015 as part of FDA’s Animal Feed Regulatory Program Standards agreeing to establish uniform pet food/animal feed regulations. All other states that have received federal funding allow human grade pet foods…but not California.

California has NO jurisdiction of pet food labels in other states, but California is demanding to control the label of Frenchie’s Kitchen using license denial as leverage.

California’s actions are a serious attack on human grade pet food. But why now? Why has California suddenly changed their minds after 5 years of allowing this human grade pet food to be manufactured within the state? What has prompted California to take such a drastic measure with a tiny human grade pet food?

It is very concerning to speculate why California has taken this action. But, we absolutely need to stop California before this spreads to other states. I have sent the following email to multiple parties involved in this human grade pet food attack:

Attention: Sonia Angell, Amir Javed, Tammy Pahland, Diana Kaempfer-Tong, Doreen Schultz, and Kelly Tasista

My name is Susan Thixton, I am a pet food consumer advocate. I was recently alerted by a pet owner about a concerning situation in California directly relating to the human grade pet food Frenchie’s Kitchen. It was shared with me, and confirmed by Frenchie’s Kitchen and Next Generation Pet Food Manufacturers that the state of California is refusing to renew the licensing of this human grade pet food.

As a representative of pet food consumers we are contesting this decision by California and intend to take whatever measures necessary to bring public awareness of California’s decision to attack the ONLY category of pet food that abides by federal law.

As a reminder, the state of California has accepted federal funding ($2.25 million dollars since 2015) to implement the Animal Feed Regulatory Program Standards which includes the regulation of pet food. While California Department of Public Health regulates “processed” pet food and does not directly participate in the AFRPS program, indirectly it does as the standard requires uniform enforcement of animal feed AND pet food. The AFRPS agreement requires California to develop and implement uniform pet food/animal feed regulations and the agreement utilizes AAFCO definitions, labeling requirements, and so on. AAFCO has legally defined human grade pet food. Thus, with your decision to refuse to renew the license of a human grade pet food, the state of California is in violation of the AFRPS agreement.

As reminder, the FDA initially approved pet foods to be labeled as human grade. Years ago, another state took issue with the human grade labeling of a legitimate human grade pet food and lost in court. I am confident California would also lose this argument in a court of law.

As reminder, the state of California has no laws that prohibit the use of ingredients sourced from diseased animals or animals that have died other than by slaughter in pet food. This is a direct violation of the AFRPS agreement and these ingredients allowed in pet foods manufactured in or sold in California are a direct violation of the Federal Food Drug and Cosmetic Act.

The majority of the products that California Department of Public Health regulates are feed – they are not food. These products do not abide by food safety regulations, yet California allows them to be labeled as food (dog food and cat food). Many of these products include misleading images of human grade meats on the label and/or on their websites – misleading consumers – when inside the bag or can are ingredients nothing similar to the image portrayed. As reminder, this is a violation of 17 CCR § 19025, § 19025. Labeling and Restrictions, (o) – yet California does NOTHING to enforce this existing law directly allowing pet owners to be misled.

The only pet food products that are truthfully labeled, that abide by all federal food safety laws are human grade pet foods. So why is California attacking the only honestly labeled pet food category? It appears California Department of Public Health is actively protecting the feed industry’s use of illegal waste instead of California pet owners that want truthfully labeled ‘food’ for their pet.

Representing pet owners who want truthfully labeled, legal ingredient pet foods – we find your attack of human grade pet foods reprehensible. I intend to promptly alert pet owners to California’s attack and we will take whatever measures necessary to fight for our rights for pet ‘food’. We also plan to reach out to FDA’s Animal Feed Regulatory Program Standards asking for them to require California to refund all monies received as your actions have proven you are not in compliance with the AFRPS.

Susan Thixton

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I am asking all pet owners to send California and FDA emails regarding this attack on human grade pet food. Even if you don’t live in California, PLEASE send your emails. We need to adamantly defend our right to purchase pet ‘food’.

Example email to California:

I am writing you asking that California stop their attack on human grade pet foods. It is beyond understanding how California can allow the manufacturing of and sale of pet foods containing ingredients sourced from diseased animals and animals that have died other than by slaughter, with no warning or disclosure to pet owners, sold in packing with pictures of grilled steak or roasted chicken – while at the same time California refuses to allow a human grade pet food to be manufactured and labeled as a human grade pet food. It is beyond understanding why California would forbid the manufacture of the ONLY honestly labeled pet ‘food’. California must stop this attack on human grade pet foods with its antiquated laws. All other U.S. states allow the manufacture and sale of human grade pet foods, why is California suddenly forbidding it? Please advise when California will allow the manufacturer of human grade pet foods.

Pet owners can send their emails to the Governor of California here: https://govapps.gov.ca.gov/gov40mail/. Email addresses of those that made this ridiculous decision to attack human grade pet food are:
Amir.Javed@cdph.ca.gov,
Tammy.Pahland@cdph.ca.gov,
Diana.Kaempfer-Tong@cdph.ca.gov,
Doreen.Schultz@cdph.ca.gov,
Kelly.Tasista@cdph.ca.gov,
Sonia.angell@cdph.ca.gov

Example email to FDA – AskCVM@fda.hhs.gov:

I am writing you to alert FDA CVM that California is not complying with the requirements of the Animal Feed Regulatory Program Standards. FDA has provided California more than $2 million in funding as part of the AFRPS agreement since 2015. FDA must require California to refund this money as the state is out of compliance with AFRPS. California has demanded a human grade pet food stop production based on state laws that are not in compliance with AFRPS and refuses to issue a renewal license EVEN if the pet food is sold outside of California (controlling the product label outside of their jurisdiction). California should not be allowed to control human grade pet foods in this manner. Please take immediate action to defend pet owners rights for access to human grade pet foods.

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Thank you in advance for sending your emails. Should I hear anything from California it will be shared with pet owners.

Wishing you and your pet(s) the best,

Susan Thixton
Pet Food Safety Advocate
TruthaboutPetFood.com
Association for Truth in Pet Food

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