We have requested FDA withdraw from AAFCO

Based on violations of federal discrimination laws, FDA is prohibited to provide AAFCO with federal funding. Therefore, we have officially requested the Agency immediately withdraw from AAFCO.

Based on the recent actions of AAFCO banning pet owners from attending regulatory meetings, we have been in contact with multiple parties providing us with assistance. The following letter was sent to FDA (via email) today 11/21/2019:

To: Dr. Steven Solomon (director FDA Center for Veterinary Medicine), and Dr. Dave Edwards (FDA AAFCO liaison)

Dr. Solomon and Dr. Edwards,

On behalf of pet owner members of Association for Truth in Pet Food, we send this notice to FDA requesting the Agency immediately withdraw from participation in AAFCO and/or the Animal Feed Regulatory Program Standards. We also request MOU 225-07-7001 be immediately nullified.

Our request is based on serious and undeniable violations of federal law that prohibits discrimination by recipients of federal funds.

Background

MOU 225-07-7001 is an agreement between FDA and the Association of American Feed Control Officials. Per the FDA website:

“AAFCO provides a process (herein called the AAFCO Ingredient Definition Request Process) to identify the safety, utility, and identity of ingredients used in animal feed. The AAFCO Ingredient Definition Request Process is operated by AAFCO, with the FDA providing scientific and technical assistance. The result of this collaboration has been the establishment of an effective program of benefit to feed regulatory officials, the industry, and the public.”

“The Association of American Feed Control Officials (AAFCO) is a voluntary membership organization of the states in the United States (US) and Federal government agencies, as well as government agencies from other countries, responsible for the execution of laws and regulations pertaining to the production, labeling, distribution, use, or sale of animal feed and feed ingredients. The purpose of AAFCO is to provide a mechanism for developing and implementing uniform and equitable laws, regulations, standards, definitions, and enforcement policies for the manufacturing, labeling, and sale of animal feeds and ingredients.  AAFCO provides “model laws” and regulations that nearly all states have adopted as the basis for their feed-control program. The FDA is a member of AAFCO and serves in a non-voting advisory role on the AAFCO Board.”

FDA liaison for MOU 225-07-7001 is:
“David Edwards, Ph.D.
Supervisory Animal Scientist
Division of Animal Feeds, HFV-220
Center for Veterinary Medicine, FDA
7519 Standish Place
Rockville, MD 20855
Tel: (240) 402-6205
E-mail: david.edwards@fda.hhs.gov”

AAFCO liaison for MOU 225-07-7001 is:
“Susan Hays
AAFCO Executive Director
1800 S. Oak Street, Suite 100
Champaign, IL 61820
Tel: 217-356-4221
E-mail: aafco@aafco.org”

Source: https://www.fda.gov/about-fda/domestic-mous/mou-225-07-7001

The Animal Feed Regulatory Program Standards (AFRPS) is explained by FDA as:

“In 2011, the FDA and the Association of American Feed Control Officials (AAFCO) partnered to develop the Animal Feed Regulatory Program Standards (referred to as the feed standards). The feed standards establish a uniform foundation for the design and management of states’ programs responsible for the regulation of animal feed. Through implementing the feed standards, a state’s program will be better able to achieve and maintain programmatic improvements that help ensure the safety and integrity of the U.S. animal feed supply. A state’s implementation of the feed standards also helps to ensure a uniform and consistent approach to feed regulation among jurisdictions. The goal of the standards is to leverage resources and share common successes to build systems within state regulatory feed programs.”

Source: https://www.fda.gov/federal-state-local-tribal-and-territorial-officials/regulatory-program-standards/animal-feed-regulatory-program-standards-afrps

AAFCO members of AFRPS receive federal funding as explained in this document: https://www.fda.gov/media/129542/download

Violations of federal discrimination law

AAFCO liaison for MOU 225-07-7001 Susan Hays recently sent emails (on behalf of AAFCO) banning consumers and consumer advocates from attending AAFCO meetings. The following is the email from Ms. Hays on behalf of AAFCO – sent to a pet owner that had attended 3 AAFCO meetings:

“From: AAFCO <aafco@aafco.org>
To: AAFCO <aafco@aafco.org>
Cc: AAFCO Executive Director <exec@aafco.org>
Sent: Tuesday, November 5, 2019, 08:50:01 AM EST
Subject: AAFCO

As directed by legal counsel and the board of directors, your access to AAFCO resources is restricted until the resolution of the federal lawsuit, Lsytn LLC v. Food and Drug Administration, No. 19-cv-01943-PAB-KLM (D. Colo). Except for the print OP subscription being available to you, the AAFCO resources not accessible to you during this period include AAFCO meetings, the Feed BIN, AAFCO committees and work groups participation, and any other AAFCO resources not specifically identified here.

You are officially removed from any position as an AAFCO adviser, committee member, work group participant, claims of any representation of your interests or organization with AAFCO, involvement during AAFCO meetings, which are now unavailable to you, including by conference line, and any other claim of expert assistance to AAFCO.

Any reference to you and your company as an AAFCO adviser and your contact information are removed from the 2020 OP and future issues of the OP and the BIN until the lawsuit is resolved.

Please remove any claim that you are an AAFCO adviser from your email signature and from your website or social media sites. For the duration of the lawsuit, this is not accurate. At the resolution of the lawsuit, you may apply to AAFCO for consideration to be allowed to access AAFCO resources. We do not guarantee that you will be reinstated access to AAFCO resources.

Sue Hays CBC
AAFCO Executive Director
Email: exec@aafco.org”

MOU 225-07-7001 AAFCO liaison Susan Hays sent the exact same email to ALL pet owners and ALL pet owner advocates that had previously attended AAFCO meetings – even though these individuals are in no manner affiliated with the lawsuit “Lsytn LLC v. Food and Drug Administration”.

AAFCO’s intentional and direct ban of pet owners and pet owner advocates from “AAFCO resources” is in no uncertain terms discrimination.

Federal law prohibits discrimination by recipients of federal funds.

Therefore, FDA must immediately and publicly announce their withdrawal from AAFCO and AFRPS, and MOU 225-07-7001 must immediately be nullified.

We request the FDA to post a public notice regarding the Agency’s withdrawal from participation in any future AAFCO or AFRPS process and the nullification of MOU 225-07-7001 no later than end of business Monday November 25, 2019.

On behalf of pet owners,
Susan Thixton

Should FDA not comply with our request, we will have the assistance of the U.S. Department of Justice to take further action. We will continue to update pet owners as more is learned.

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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