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 Services Representing 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.” Source: http://www.fda.gov/downloads/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/UCM052662.pdf 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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