We Did Not Find The Requested Records

What does FDA say when you ask for the science to prove illegal pet food ingredients are safe? “We did not find the requested records”. FDA could not provide science to prove illegal waste ingredients commonly used in pet food are safe.

On dozens of pages on the FDA website, the agency tells the public they are “science-based”. “The FDA is a science-based regulatory agency.”

Under ‘What We Do‘: “helping the public get the accurate, science-based information they need”.
From ‘Science and Research – Food‘: “ensure that regulatory decisions about foods are science-based and transparent“.
Blog Post from FDA’s Deputy Commissioner for Foods and Veterinary Medicine: “Our Goal in Enforcing Food Safety: A Rapid, Science-Based Response”.

Touting to be a science-based agency, one could assume that FDA has science after science after science to validate their actions. One would be wrong to assume that.

Law says pet food containing the tiniest piece of diseased animal tissue or material sourced from dead/non-slaughtered animal carcasses is adulterated.

“Adulterated Food: (5) if it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter”.
FDA openly ignores that law; openly allows the pet food industry to source ingredients from diseased animal tissues and dead/non slaughtered animal carcasses.

“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.”

Being ‘science-based’ I asked FDA for the science to prove pet food consisting of diseased or non-slaughtered/dead animals are safe for pets to consume….

Freedom of Information Act Request 2016-4226:

FDA 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).

FDA response: “After searching our files, we did not find the requested records.”

The FDA also tells the public regarding the agency allowing pet food/animal feed to violate law they don’t believe Congress intended law to hold food for animals to the same standard as food for humans; “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. Different standards have historically existed for human and animal food concerned with aesthetics.”
Addition to FOIA Request 2016-4226:
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.

FDA response: “After searching our files, we did not find the requested records.”

FDA repeatedly tells the public the agency is “science-based”…BUT…FDA has not one tiny bit of science to prove the safety of diseased/dead animal carcass pet food ingredients. Zippo.

FDA tells the public Congress did not intend for the Federal Food Drug and Cosmetic Act to protect animals, but the agency could not provide any documentation to prove this.

Perhaps members of Congress should be informed that FDA is using them as an excuse.

Example letter to send to your members of Congress…

Dear______________

The FDA is using Congress as excuse to allow pet food to violate federal law. I would like to know if this is acceptable to you.

Congress defined food (in the Federal Food Drug and Cosmetic Act) as: “(f) The term “food” means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.”

And Congress defined an adulterated (illegal) food (in the Federal Food Drug and Cosmetic Act) as (in part): “(5) if it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter”.

The above definition of adulterated food is not enforced by FDA in pet foods. Through FDA Compliance Policies the agency tells industry “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.”

The FDA tells the public the agency is “science-based”, however a request was made (via FOIA) asking FDA for the science to prove ‘material from diseased animals or animal which have died otherwise them by slaughter’ is safe for pet consumption; the agency responded with “After searching our files, we did not find the requested records.”

The FDA tells the public the agency “does not believe that Congress intended the Act to preclude application of different standards to human and animal foods“. Through FOIA request, the agency could not provide any evidence Congress intended animal food/pet food to be held to a different standard than human food; the same response was received. “After searching our files, we did not find the requested records.”

My questions to you are…did you as my Representative in Congress give FDA authority to pick and choose which laws to enforce? Do you agree with FDA or do you disagree with FDA; should pet food be allowed to include ‘material from diseased animals or animals which have died otherwise them by slaughter?

I would appreciate your response to the above questions.

Thank you –

To find your members of Congress visit: https://www.govtrack.us/congress/members

This is wrong FDA. #ShowUsTheScience or #EnforceTheLaw

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

What’s in Your Pet’s Food?
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The 2016 List
Susan’s List of trusted pet foods.  Click Here

The Other List
The List of pet foods I would not give my own pets. Click Here

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