This is one of the worst examples of FDA regulatory double standards I’ve ever seen. The agency is trying to hold one style of pet food to a completely different standard than all other styles of pet food.
If you heard a loud scream coming from the Tampa, FL area a couple of days ago – it was me. I honestly screamed when I read the FDA document “Guidance for Industry – Manufacture and Labeling of Raw Meat Foods for Companion and Captive Non-companion Carnivores and Omnivores”. This document is the worst example of FDA double standards I’ve ever seen.
A FDA “guidance document” is written for industry and/or for FDA representatives in the field. They are not law or regulation, they are what the name implies – guidance for the intended reader. This particular FDA guidance document explains “This guidance is intended to provide specific guidance on the manufacture and labeling of foods that contain raw meat, or other raw animal tissues, for consumption by dogs, cats, other companion or pet animals, and captive non-companion animal carnivores and omnivores. This guidance represents the agency’s current thinking on the topic. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public.”
Talking out of one side of their mouth…
In the FDA guidance document for raw meat pet food manufacturers, the agency suggests that all raw meat pet food should be human grade.
“All meat- and poultry-derived ingredients should be United States Department of Agriculture (USDA)/Food Safety and Inspection Service (FSIS)-inspected and passed for human consumption.”
Talking out of the other side of their mouth…
For canned pet food the FDA 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 … be considered fit for animal consumption.”
Double Standard: The FDA expects raw pet food to be sourced from human grade/human edible meat, but canned pet food is openly allowed to be sourced from diseased meat/inedible meat.
Back to side one of FDA’s mouth…
In the FDA guidance document to raw pet food manufacturers, the agency reminds raw pet food manufacturers of the laws the agency is tasked to enforce (the Food Drug and Cosmetic Act). Quoting (bold added for emphasis)…
“III. Considerations
Safety: It is unlawful to introduce into interstate commerce any food, including food for pets and for other animals, which is adulterated (Section 301(a) of the FFDCA). Among the circumstances in which a food will be deemed adulterated are when: …(c) it is, in whole or in part, the product of a diseased animal or of an animal that has died otherwise than by slaughter (Section 402(a) of the FFDCA).”
Right there! The FDA says it…that it is “unlawful” to sell a pet food which contains “a diseased animal”. But…talking out of the other side of FDA’s mouth…
This law FDA is warning raw pet food manufacturers of – that it is “unlawful to introduce into interstate commerce…any food for pets” that “is, in whole or in part, the product of a diseased animal or of an animal that has died otherwise than by slaughter” – is the VERY SAME LAW FDA tells canned pet food manufacturers to ignore. The very same law.
Double Standard: The FDA warns raw pet food manufacturers of law that forbids diseased animal meat in pet food, but canned pet food (and kibble pet food via other FDA Compliance Policies) are openly allowed to include meat sourced from diseased animals/inedible meat – openly allowed to violate law.
I am more than appalled that the FDA can place a double standard of regulation within pet food. So appalled, I will send the Inspector General of Health and Human Resources (the regulatory boss of FDA) the following letter (this would have already been sent, but believe it or not the email for the Inspector General’s Office was returned stating “Your message couldn’t be delivered to the recipient because you don’t have permission to send to it.” – The Inspector General’s Office is not accepting email from the public.)…
The Honorable Daniel Levinson, Inspector General
Department of Health and Human ServicesRepresenting pet food consumer members of Association for Truth in Pet Food – a pet food consumer stakeholder group – I bring to your attention serious double standards within FDA’s regulation of pet food.
As evidence of this FDA double standard I provide you quotes of multiple FDA documents (source provided).
In the FDA Guidance Document to raw pet food manufacturers titled “Guidance for Industry – Manufacture and Labeling of Raw Meat Foods for Companion and Captive Non-companion Carnivores and Omnivores” – the agency states “All meat- and poultry-derived ingredients should be United States Department of Agriculture (USDA)/Food Safety and Inspection Service (FSIS)-inspected and passed for human consumption.”
However to canned pet food manufacturers, FDA Compliance Policy “690.300 Canned Pet Food” the agency 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.”
Source: http://www.fda.gov/ICECI/ComplianceManuals/CompliancePolicyGuidanceManual/ucm074710.htm
In FDA Compliance Policy “675.400 Rendered Animal Feed Ingredients” the agency states “No regulatory action will be considered for animal feed ingredients resulting from the ordinary rendering process of industry, including those using animals which have died otherwise than by slaughter, provided they are not otherwise in violation of the law.”
Source: http://www.fda.gov/ICECI/ComplianceManuals/CompliancePolicyGuidanceManual/ucm074717.htm
In the FDA guidance document for raw pet food manufacturers, FDA warns manufacturers “It is unlawful to introduce into interstate commerce any food, including food for pets and for other animals, which is adulterated (Section 301(a) of the FFDCA). Among the circumstances in which a food will be deemed adulterated are when: …(c) it is, in whole or in part, the product of a diseased animal or of an animal that has died otherwise than by slaughter (Section 402(a) of the FFDCA).”
Yet in FDA Compliance Policies for all other types of pet food manufacturing the agency openly ignores these very same laws.
Pet food consumers do not deserve such inconsistent enforcement of federal law by the FDA. The FDA should not have double standards of enforcement depending on the style of pet food. This is bias and unlawful. We ask the Inspector General to fully investigate this FDA regulatory double standard and provide our consumer members with your response to this investigation.
Return receipt requested.
Sincerely,
Susan Thixton
Pet Food Consumer Advocate
Association for Truth in Pet Food
www.AssociationforTruthinPetFood.com
When/if a response is received – it will be shared with all.
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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Renee Kraft
July 23, 2015 at 4:22 pm
Thank you Susan for looking after the health of our dogs and cats so well. The average person does not have the ability to do that, so having you fight for us is a big bonus.
Mandy B
July 23, 2015 at 4:35 pm
I wonder how many (non-raw) pet food companies would immediately be out of business if the FDA said all meats had to be human-grade across the board.
Joy
July 23, 2015 at 4:57 pm
I read through the document and it made me sick to my stomach. Why should I “buy” a “raw manufactured diet” when I can go to the store and buy the same food that I eat for my dog and make my own. It makes no sense. Guess what lobbyist has this agency in their pocket.
Michelle
July 23, 2015 at 5:13 pm
Susan, Thank You so much for your tireless work! What would we do with out you???!
Are there demented people working for the FDA? This makes no sense at all!
I am so confused. I can’t afford a raw diet for my 65lb rescue but I am scared to death to feed him a commercial pet food. He has been sharing my organic meats along with HK but there are times that I just don’t have meat in the house $$$. I want to feel safe feeding him dog food if I have to. This is all so scary!
Sage
July 23, 2015 at 5:17 pm
I agree this is an obvious double standard BUT at the expense of getting jumped on for saying this – some Raw Pet Food manufacturers – especially the smaller companies such as Just Food for Dogs are already using USDA certified Human Grade meats and it’s nice for them (and us) that the FDA is essentially endorsing what they are doing.
ALSO – as a consumer, I would have more peace of mind knowing that a RAW Pet Food IS Human Grade and USDA certified. It’s bad enough that animals get sick and die from eating over cooked food made from NON-human grade and highly toxic body parts and other inedible ingredients but think how much worse a RAW Food must be if made from the same toxic and non-human grade ingredients.
The very best solution of course is for ALL pet food ingredients to be Certified Human Grade AND for the FDA to enforce this along with all the other consumer protections written into law that they DO NOT ENFORCE.
So grateful to SUSAN for keeping us updated on these FDA laws and guidelines and wish even more people would subscribe to these posts.
I’ve started carrying around little slips of paper with THIS WEB ADDRESS to hand out to people when the timing is appropriate such as in a pet food aisle!
Michelle
July 24, 2015 at 7:31 am
Sage I agree with you 100%. I would rather have stricter guidelines on raw food. Double standards, yes, but I for one am happy to see it.
Larry Clive
July 23, 2015 at 5:19 pm
I guess we’re about to find out if this guy Levinson is indeed worthy of the term “Honorable”.
I’m betting not.
D
July 23, 2015 at 5:32 pm
Thank you Susan for staying on top of this. I believe the FDA thinking is cooking kills all the bad bacteria of a sick or down animal. How could that make a pet sick, right?? I am appalled at their “guidance” that commercial raw use human grade meat but zero restriction on the quality of ingredients in kibble. I can’t think of a commercial raw food that doesn’t use USDA inspected meat
Heidi Dixner
July 23, 2015 at 5:53 pm
What the… !!!! “email for the Inspector General’s Office was returned stating “Your message couldn’t be delivered to the recipient because you don’t have permission to send to it.” From their website, “…Mr. Levinson entered public service…” Whoa. As a card carrying member of the American public and a former public servant I find this worthy of reprimand by the public he purportedly serves 😛
Jude
July 23, 2015 at 6:15 pm
Those who care about their pets wouldn’t buy raw food if it was disgusting garbage, so it wouldn’t be easy to sneak that past the pet food consumer. So the FDA just makes it mandatory to use human grade pet food for the raw diet people.
However, it’s so easy to sneak vile products into canned food or kibble by adulterating them to look good, so the FDA, a terrible excuse for a federal agency, allows that.
And the world continues to spin on its axis as power and money wheels and deals with little to no regard for animals, the environment, etc., as we, the quasi-humans, are denied our say in governing our country.
Sickening!
Wendy
July 23, 2015 at 6:18 pm
Big Dan’s sells downded, diseased animals as pet food and ships it across the country. Reading this seems it is illegal? I personally don’t order it though.
Lourde
July 24, 2015 at 11:22 pm
Big Dans does not use diseased animals. They do use downed ones, but that is much different.
B Dawson
July 23, 2015 at 6:31 pm
Here’s a thought. Throughout the text Susan quoted here that pertains to raw, FDA is using the word “food”, not “feed”. Can they be creating a distinct category here? This could be a prelude to major regulatory changes for the raw industry, ie. we all know many vets diss raw food and with the support of the, ahem, poor quality kibble pushers would love to see the category banned. By isolating it from other pet food categories, it will be easier to come down hard without risking collateral damage to Purina, et al.
Back door legislation is becoming commonplace. By making things too costly, regulated, uninsurable or paperwork-filled our government effectively bans products from herbs to “invasive” plants to healthcare options. This sort of legislation is easy to push through as safety measures and rarely causes the public outcry that a ban would trigger in part because most consumers don’t realize the larger ramifications.
An aside, but still of interest to readers of this website: there is legislation pending right now that will remove the “country of origin” labeling on human food and allow U.S. raised livestock to be transported to China for processing, then re-imported & sold in the U.S. without any labeling requirements whatsoever. After the melamine fiasco I am aghast that any agency could tallow this. But of course China is heavily invested in the U.S.
Jude
July 23, 2015 at 9:13 pm
Interesting info. I have had absolutely no faith in our government for many, many years. After seeing videos and reading info about factory farming, I cannot in good conscience eat any animal flesh. I’m an ovo-lacto vegetarian and we buy eggs sold by our local health food store. I hate eating commercial dairy products, but we do eat commercial yogurt and cottage cheese.
Our government doesn’t protect us from poor or unsafe products and now things are just getting worse. Think Monsanto and know that money can buy just about anything and anyone.
Gitta
July 23, 2015 at 6:42 pm
Wow – the man is being paid by taxpayer money and that same taxpayer must have permission to send an email????????? WTF? Or does “public service” mean he is publicly serving the interest of crap pet food?
Apparently the FDA does not care how bad and how low their reputation sinks. Just when you think it couldn’t possibly get any lower……
Perhaps they haven’t heard of the brand new invention, called “the internet” which makes it quite difficult to keep secrets from that pesky public.
So, the meat has to be human grade – are we talking the same “human grade” claim that legally cannot be made?
Crony capitalism at its worst. Again.
Sabrina
July 23, 2015 at 6:49 pm
I am a raw feeder, so for me I am happy to hear that my dog’s food will have to be “human grade”. I however DO NOT find it appropriate to include diseased meat in ANY of our pet’s food. Do you think though, that the FDA deems diseased meat an appropriate protein source because it is being “cooked” when included in kibble or canned food? Therefore any of the bacteria would be denatured/killed in the process? It’s just such a crazy double standard I am trying to wrap my head around their reasoning for this.
T Allen
July 23, 2015 at 7:45 pm
Yes, I believe that is the rationale. But cooking does not kill all spores nor does it remove toxins, heavy metals, drug residues, etc. Keep feeding home-cooked meals, raw, part-cooked- in the case of store bought chicken or even fully cooked is better than the garbage we’ve been paying big bucks for!
Susan Thixton
July 23, 2015 at 7:59 pm
Yes – to my understanding that is exactly the FDA feeling on it. They care about bacteria – not quality of ingredients.
Laurie Matson
July 23, 2015 at 7:59 pm
I wish the FDA would separate Pet Food from animal Feed! But highly unlikely that will ever happen!!
Susan Thixton
July 23, 2015 at 8:01 pm
I asked FDA to do just that a year ago at the AAFCO meeting – they told me it would involve changing federal and state law and would never happen. But it should. Food should not be called food if it does not meet the legal requirements of food.
W.E. Piechocki
July 23, 2015 at 7:59 pm
Susan, thank you for this information. Yes it is a double standard that we have been fighting for years.
We have been serving real raw food to thousands of pet in Florida for over a decade. Our brand, BioComplete Natural Diet and Bio Basic are available in health minded animal supplies in Florida. From day 1, we have only sourced & used USDA inspected and approved meats and poultry in our foods. When USDA inspectors visited our facility, they told us we had to label our food for “animal use only”. I then asked if “I go to the meat counter at Whole Foods or any store that does custom cuts or grinds, and tell them it’s for my pet, are they required to label theirs as such too?” The silence was deafening…
Trish Whitley
July 23, 2015 at 10:00 pm
Susan – Your amazing. You need to be paid more 🙂
Jane Eagle
July 24, 2015 at 2:15 am
I stopped trusting FDA years ago. They are stealing our tax money and not doing the job WE pay them to do. That said, I feed my dogs raw food, homemade by me. For those who have trouble affording the meat (I’m vegan, myself) search for places that supply bulk meats, i.e. to restaurants. I get ground turkey for $1.99 per pound, minimum 10 pound package. Chicken necks are $.69 (after I remove the fat, it’s more like $1.25). They can tell me where the meat comes from (I asked about China).
Cheryl Mallon-Bond
July 24, 2015 at 9:00 pm
OMG!!! I cannot believe they can get away w/ BLATANTLY going against their OWN LAWS!!!!! There is NO DOUBT that the FDA is on a “witch hunt” against raw food manufacturer’s, POSING as if they are trying to help keep our pets health safe! Meanwhile, they play their “smoke & mirrors” game byletting kibble & canned food STILL break federal law codes! The financial kick-backs going on between the big pet”feed” manufacturers & the FDA has to be monumental….they are “in bed” w/ one another, all at the cost of precious animals lives! DISPICABLE! They have ZERO CONSCIENCE!!!
Lola
July 26, 2015 at 10:19 am
I agree the FDA is playing favorites. Can raw pet food manufacturers use this to their advantage with advertising? Purina called out Blue Buffalo in court with testing etc., I’m sure money is a factor for smaller commercial raw companies, but couldn’t they do the same? If their food has strict meat quality guidelines and dry and canned foods don’t, then I would advertise the heck out of that if I was a raw pet food company as an advantage to consumers.
Peter
July 26, 2015 at 9:15 pm
Thanks for continuing to hit on the issue of FDA Compliance Policies, which consumers truly had no awareness of before your essays.
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