The state of New Jersey is illegally regulating one pet product under human food law while all others are regulated under feed law. This is a significant issue that could change the future of pet food in New Jersey.
TruthaboutPetFood.com was alerted to the pet food regulation problem from Dr. Laurie Coger via Gregori Lukas of the New Jersey Independent Pet Store Lukas & Berube Healthy Pet Markets. The problem…the state of New Jersey was confiscating and destroying raw milk pet products. New Jersey was double-dipping in state law and applying human food law to pet products that are regulated solely by the state’s Commercial Feed laws.
Gregori Lukas had been in touch with fellow independent pet store owners in New Jersey. He learned that the New Jersey Department of Health was going into pet food stores (not their jurisdiction) and confiscating all raw milk pet products. In one instance, the New Jersey Department of Health representative – in the independent pet food store – cut the bottoms out of all of the frozen raw milk pet products and ran hot water on the frozen chunks of pet products until they thawed and went down the drain. No pet food store was paid for the products confiscated or destroyed.
Gregori reached out to me, since that moment multiple individuals began investigating the laws regulating pet products in his state.
Notice in the above New Jersey “Public Health Advisory” the New Jersey statutes that were cited; “N.J.S.A. 24:10-57-17 and N.J.S.A. 24:10-57-18“. As FYI – Title “24” of New Jersey law is “Food and Drugs“. Title 24 of New Jersey law regulates human food products and ONLY human food products (not pet food products).
In New Jersey, pet food is regulated under “Title 4 Agriculture and Domestic Animals” – specifically the “New Jersey Commercial Feed law of 1970.”
As evidenced above, New Jersey law defines a pet food as “any commercial feed prepared and distributed for consumption by pets.” The significant word to note is “any“. Any product distributed for consumption by pets is – by New Jersey law – considered a commercial feed product and is solely regulated under Title 4, Section 4 in the state.
And, as evidenced by New Jersey law, the sole authority over ‘any commercial feed product’ in New Jersey is the state’s Department of Agriculture.
As further evidence that New Jersey Department of Agriculture is the sole authority over pet food products in the state, in order to sell any pet food product in New Jersey – each pet food product in the state is required by law to register with New Jersey Dept of Agriculture, and pay a minimum fee of $250.00.
For years, New Jersey Department of Agriculture has accepted payment (cashed their check) from each raw milk pet product manufacturer sold in the state without question. NEVER, in the history of raw milk pet products sold in New Jersey, has a manufacturer been questioned or registration payment for these products refunded.
Without doubt – ALL products prepared and distributed for consumption by pets are regulated ONLY by the New Jersey Department of Agriculture.
But…
Ignoring their jurisdiction ONLY over human raw milk products, the New Jersey Department of Health went into an unknown number of pet stores and confiscated or destroyed on-site raw milk pet products. As well, the New Jersey Department of Health issued a stop-distribution order on all raw milk pet products to distributors in the state. In other words, no raw milk pet products can be sent to pet food stores in the state. The New Jersey Department of Health is controlling a pet food product, regulating it as human food.
Human food law in New Jersey forbids the sale of raw milk products to humans.
Note the above legal requirement to pasteurize milk is under “Title 24 – Food and Drugs” (human food laws), not “Title 4 Agriculture and Domestic Animals” (pet food laws). There are NO regulations in Title 4 (pet product regulations) forbidding the sale of raw milk products to pets.
By New Jersey Health Department stepping into the jurisdiction of the New Jersey Department of Agriculture and regulating a licensed commercial feed product as human food…a BIG UGLY can of worms has been opened.
New Jersey has to decide…is pet food regulated as food? or is it regulated as feed?
Due to the action of the New Jersey Health Department, the state has established a solid precedent regulating pet food products as human food. The state has to decide which side of the fence they want to stand on and it cannot be both sides. This is a one or the other decision. (And we are determined to make them pick a side).
What would happen in New Jersey if all pet food products were regulated as human food? Only a small number of human grade pet foods would be allowed to be sold in the state – only pet foods that meet every requirement of human food (human edible ingredients and supplements, ingredients and final products are transported and stored per human food safety law, and manufactured in a licensed human food manufacturing facility) would meet New Jersey Title 24 standards. If New Jersey regulated pet food under Title 24 of state law (as they are with raw milk pet products), there would be no Purina, no Pedigree, no Hill’s Science Diet sold in the state. All of these pet foods – most all pet foods – are feed grade products that would not meet human food standards of New Jersey (or any other state’s) laws.
Personally, I hope New Jersey Department of Health continues to enforce human food law with pet food products. New Jersey would then be the first state to sell true pet ‘food’ products. All other consumable pet products could be truthfully labeled as ‘feed’ products (what they actually are).
Gregori Lukas, Dr. Cathy Alinovi of Next Generation Pet Food Manufacturers Association (representing some of the pet raw milk product manufacturers), and myself continue to work together on this significant issue. We have spoken with multiple pet store owners, a couple of distributors, the Department of Agriculture in New Jersey and the Health Department. We were told by the Health Department we would receive an update to our argument of proper jurisdiction over pet food products – but the agency has continued to confiscate and/or destroy raw milk pet products with no update provided.
For any pet owner in New Jersey or any pet store in New Jersey, please write your Governor. Tell Governor Phil Murphy to pick a side. Pet food is either regulated as commercial feed or human food – New Jersey must decide. And tell Governor Murphy to require the NJ Department of Agriculture to fully enforce Title 4 Section 4-20.7 (2) which would prevent the use of “in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter” in any pet food (as it should be prevented by federal law).
Selective enforcement of law must STOP – in New Jersey and every other state. Rest assured, we will continue to battle the state of New Jersey until raw milk is allowed to be sold for pet consumption (and all pet stores are fully reimbursed for seized or destroyed products) OR all pet food products in New Jersey are regulated as human food.
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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Faith Jones
January 26, 2019 at 5:08 pm
I am in Florida right now, but a Tax paying NJ Resident. My dog thrives on Answers raw milk. I will write a letter to the Governor which will fall on deaf ears. Thank you so much for all your help.
Robin
January 26, 2019 at 5:28 pm
As infuriating as this seems, it would be amazing if they decide to regulate pet food as human grade. ALL KIBBLE would get thrown out! This would be huge with repercussions across the entire country. Purina and Mars, etc. be afraid….be very, very afraid. However, I suspect the reality has a lot more to do with government control of raw milk , not because of pathogens, but because they make money from commercial milk producers.
Terri Christenson janson
January 26, 2019 at 5:55 pm
This is such unfairness….I regularly give my Lepto dog in recovery answers raw goats milk It has really helped support his kidneys along with subQ fluids. I also give it to ,y senior poodle. I am glad I’m not in New Jersey
Batzion
January 26, 2019 at 7:06 pm
Two things from my files:
1. Dr. Alinovi wrote a marvelous article regarding canine epilepsy and seizures and addressed the use of raw milk in treating them: http://blog.barfworld.com/2014/05/14/3247/
2. There is a supplement called Lactoferrin that can be taken if raw milk is not available. Lactoferrin slows or prevents tumor growth and can prevent or reverse osteoporosis. I DON’T KNOW IF LACTOFERRIN IS APPROPRIATE FOR DOGS OR NOT. Perhaps Dr. Alinovi could be of help here. http://naturalsociety.com/raw-milk-supplement-lactoferrin-colostrum/?utm_source=Natural+Society&utm_campaign=7efd449f82-Email+240%3A+8%2F28%2F2013&utm_medium=email&utm_term=0_f20e6f9c84-7efd449f82-323136841
researcher
January 27, 2019 at 12:38 am
I know Big Pet Food which is Nestle Purina, Mars, etc is behind this with kickbacks to gov officials. Raw milk for pets is healthy for pets so therefore the more pet consumers that buy raw milk for pets, is spending less money on nutritionless mars or worthless nestle purina pet food. This is how it works in everything, as our usa gov which is an oligarchy, anotherwords, the gov is run by corporations. If you study or research real his story, not the fake lies his story taught in gov run oligarchy education industry from kindergarten to college and the fake his story taught on tv or media, this will help you understand the attacks on all small businesses. The gov hates all independent pet shops, anyone who grows or makes healthy products for pets or people, hates basically all small businesses, etc. The new world order has plans to eliminate all small businesses, health products, and have gov and corp place laws to control all, force toxic chemical vaccines, gmo foods, toxic chemicals chemtrails sprayed on the masses, etc. Obviously the rothschilds, carnegies and rockefellers rulers make the laws, using the so called puppet president, which the people think they are voting for, but their not, it is just a facade to fool the masses. Because the masses would be angry and might revolt if they knew they had no choice. These little things like stealing and destroying raw milk for pets made by small family owned business and independent family owned pet shops, is just another drop in the bucket, there are so many horrible things the rulers are doing to destroy our country and hurt the masses. But the masses are so brainwashed from the education industry and the media industry, that many do not learn real his story, so the masses will come together to stop these atrocities being forced on us by the rulers rothschilds, carnegies and rockefellers.
qanonpub
January 27, 2019 at 10:48 pm
Oh the truth you speak! Soros, too. Even worse, if people in states such as jersey, ny, calif. would read up on Soros and especially Karl Marx, they’d see that it’s exactly what they’ve been voting for.
This was predicted and warned of long ago but people either chose to remain passive-complacent or say “Relax, we can’t do anything about it.” (Bet the latter is crying the loudest over this latest hit on a message board somewhere.)
For anyone doubting one word of your truth: Aside from needing to learn about Marx & reading some Orwell, they should remember the big recalls. Mars owning the biggest chain (Banfield) at the time along with Royal Canin’s track record for recalls was perceived as “no biggie”, as people were adamantly defending veterinarians pushing the food. Now what do we have? Not that VCA was any better prior to, but WOW.
Just as with LBJ’s “I’ll have them… voting… for 200 years” statement, it’s been their plan for a long time.
landsharkinnc
January 27, 2019 at 6:22 am
Devil’s advocate here — don’t shoot the messenger … many people prefer raw milk for themselves and have found pet stores a readily available source … there is no reason to believe that dog food ( canned ALPO, etc. ) is not eaten by humans, so there should be no doubt that raw milk is also purchased for human consumption ( albeit not by the homeless! )
Susan Thixton
January 27, 2019 at 8:37 am
I was told years ago – by a former FDA inspector – that FDA did a (sort of) study to determine if it was true that some US citizens consumed dog food or cat food. I have never found the study, I assume it was for internal purposes, not published.
Pamela
January 27, 2019 at 6:22 am
I’m in Great Britain and once again stunned at the USA Government, how in a country that screams to the rest of the world that’s it’s free and the greatest country in the universe blatantly break is own laws? Along with the FDA illegally recalling raw food and imposing zero pathogens on raw food but not dry food which is not a law and all the rest…. absolutely floors us on this side of the pond! I do understand it’s all about money, I realise someone or somemany!!! Are taking large bribes from very unscrupulous commercial pet food companies ? we do feel for you and support you all, one we leave Brexit I hope with all my heart this does not happen here, ??? stay strong guys and keep fighting to make our dogs and cats healthy Pam, Canine Nutritionist, Isle of Man, Great Britain XXX
Holly B Rist
January 27, 2019 at 1:10 pm
years ago, NJ banned the sale of under cooked eggs ( eggs cooked over easy, etc) due to the possibility of salmonella. After being the brunt of so many NJ runny egg jokes , they rescinded the law. Let’s hope it happens to this one as well.
Lisa
January 27, 2019 at 4:20 pm
“What are the statistics on outbreaks of illness related to raw milk?
Among dairy product-associated outbreaks reported to CDC between 1973 and 2009 in which the investigators reported whether the product was pasteurized or raw, 82% were due to raw milk or cheese. From 1998 through 2009, 93 outbreaks due to consumption of raw milk or raw milk products were reported to CDC. These resulted in 1,837 illnesses, 195 hospitalizations, and 2 deaths. Most of these illnesses were caused by Escherichia coli O157, Campylobacter, or Salmonella. It is important to note that a substantial proportion of the raw milk-associated disease burden falls on children; among the 93 raw dairy product outbreaks from 1998 to 2009, 79% involved at least one person less than 20 years old.”
“Reported outbreaks represent the tip of the iceberg. For every outbreak and every illness reported, many others occur, and most illnesses are not part of recognized outbreaks.”
Lisa
January 27, 2019 at 4:23 pm
Raw milk for humans is illegal in my state, not sure what I can catch from my dog.
Susan Thixton
January 27, 2019 at 4:27 pm
If you have a dog, the ONLY style of pet food that has not been recalled for Salmonella is canned dog food. Kibble has the largest number of pounds of dog food recalled for Salmonella. Raw milk for pets has no links to pet illness.
Susan Thixton
January 27, 2019 at 4:25 pm
Now look up the statistics of outbreaks of illness and death linked to lettuce. Yet…lettuce is available for sale in every single state.
reader
January 27, 2019 at 11:18 pm
Raw milk has many health benefits, helps heal or eliminate symptoms of a number of diseases and illnesses, slows the progression or shrinks cancer cells, etc. Because raw milk has so many health benefits that outweigh the risks, the Medical industry, Big Food industry, Big Pet Food Industry, the Chemical Industry, and the biggest of them all the Cancer Industry wants to shut down the health benefits of Raw Milk. If people buy raw milk for their pets or themselves and it improves their health, then that causes profit losses for all of the above industries. Anyone who can improve their health with raw milk, causes profit losses, as bad health = big profits. No profits in healthy people or healthy pets. If you haven’t noticed yet, there is a war against health, for both people and pets. The gov, industries, and media are upping the war to prevent health, as the profits are so great in the unhealthy people and pets. Do all you can to learn about real health quickly as google, youtube, instagram, pinterest are deleting any info about true health to prevent the masses from learning, as they must keep the masses ignorant inorder to profit off of them. The rulers, the elite, the wealthy, most all know and practice real health, but many of these rulers are big investors in the Medical Industry, Vaccine Industry and the Cancer Industry so it is in their best interests in the name of profits, to keep the masses ignorant about true health. It is up to you to learn what the elite are hiding from you. Start learning about real cancer cures from medical doctors around the world, and many many patients who have survived. Watch the videos and read the books, before making a decision one way or the other about it. TheTruthAboutCancer .com this is a start for newbies that need to learn about health. These are amazing honest doctors from around the world. This info is invaluable for yourself, your family and your pets. Don’t knock it until you have viewed all the videos and read all the books, then make an informed decision.
Lynn Felici-Gallant
January 28, 2019 at 9:27 am
As you point out, this error might just force to state to admit that feed isn’t food. This big oops is the product of over-zealous enforcement of a zero-tolerance policy re raw food that I hope will benefit pets in the long run. It will be interesting to watch, though, as raw meat is not considered fit for human consumption. The plot thickens.
Deb Rein
February 1, 2019 at 7:11 am
Excellent article. I have been outraged since this happened. It’s the only thing that has helped my dog FOR YEARS with bowel issues. Someone has a vendetta against ANSWERS, I’m convinced. This just didn’t come out of the blue. I’ve called the Dept of Health with no “answers”. Maybe we should have a rally in front of the Capitol! This State disgusts me more and more. I will definitely be writing to the Governor. Thanks for what you are doing and hope it’s resolved soon. My 10 half gallon cartons aren’t going to last long. But I’ll just go over to PA to buy!
Robin
February 1, 2019 at 1:25 pm
Hi Deb, and your comments on how raw milk benefits a specific health issue with your dog is another area “they” are furiously attempting to fully control and regulate. It is now LAW in some areas of Calif ( and elsewhere) that NO ONE can “treat” a pet’s health issue unless they are a licensed veterinarian. So if you were to try and argue that raw milk HELPS your pet, you could get accused of a “crime” fined, and possibly have your pet taken from you. It’s not that extreme yet, but this is what “they” ( the profit thugs) ultimately want…to control every aspect of how you spend money on your pet.
Frankie
April 15, 2019 at 9:44 am
I have an 11 lb. 13 year old Yorkie who, in January of 2019, I came as close to putting down as you could possibly get because of the Hill’s Prescription Diet recall. My poor pup was so gravely ill that I couldn’t bare to see him suffer any longer. My last attempt to save him was putting him on a raw diet (Answers Detail) and supplementing with fermented fish stock and raw goats milk. His recovery has been remarkable, Nothing short of a miracle. Improvements in EVERY area – from luster and silkiness of coat, to health of teeth and gums, to regulating his sugars (insulin decreased to 1/2 of what he was on daily), to spunk and activity – the list goes on and on. To think I was literally days from his appointment to have him euthanized. Many dogs prematurely left their beloved owners because of that recall. If I have to travel the hour to Pennsylvania to purchase raw goats milk once a month, I have no problem with that. However, it baffles me that the big companies get away with literally killing our wonderful companions with the garbage they’re able to promote…recall after recall…for whatever the recall reason – and yet they go after the little companies that are actually beneficial to our pets. If someone chooses to go to a pet store to purchase raw goats milk for their personal consumption – and risks illness and/or death from that choice – then how is that any different from going to your local convenience store and purchasing a carton of cigarettes? Open your eyes people…it’s all about whose making the money….