Pet Food Institute Federal Regulation of Pet Food

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AAFCO Comments on the Pet Food Institute’s Proposed New Federalized Regulatory System for Pet Food

by: Food and Drug Law at Keller and Heckman of Keller and Heckman LLP - The Daily Intake

Wednesday, May 31, 2023

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On May 2, during the Petfood Forum 2023, members from the Pet Food Institute (PFI) proposed recommendations to create a comprehensive and uniform federal system for regulating pet food. PFI’s concern over the present system is that a patchwork of varying state pet food regulations creates challenges for selling pet food products across state lines. Currently, state agencies work independently under state law in partnership with FDA to ensure pet food safety in the U.S.
PFI’s proposal calls for a new center to be developed at FDA which would focus solely on regulating cat and dog food and treats. On May 11, the American Feed Industry Association (AFIA) issued a response to PFI’s proposal, arguing that the proposal will impact ingredient suppliers’ ability to enter the market due to dual registration requirements at the state and federal level.
On May 30, the Association of American Feed Control Officials (AAFCO) released a statement on PFI’s proposal, stating that a “federally regulated approach is not in the best interest of pets or pet owners” because a federal system would decrease the number of qualified inspectors in the marketplace and eliminate routine state-led inspections which evaluate pet food ingredients and products for potential contaminants or adulterants. Eliminating these inspections can result in a risk to animal health and an erosion of consumer confidence. Thus, AAFCO believes that state feed programs for inspections, sampling, and oversight of labeling and marketing claims are more accessible and better equipped to regulate pet food and that state agency collaboration with FDA and AAFCO is already a sufficiently integrated pet food system.
Keller and Heckman will continue to monitor developments that impact the regulation of pet food.