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Menu Foods pet food recall [Print version]
March 23, 2007

Pet food regulation in the United States
Content on this page has been provided by the Pet Food Institute.

Regulation of pet foods in the United States can be summarized as follows: The industry is responsible for producing safe animal feeds. The U.S. Food and Drug Administration (FDA) and the State governments provide the rules, guidance, and oversight under which safe pet food is produced. Exports may be certified by the FDA and by the U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS). Enforcement of regulations and pertinent laws is carried out by FDA, USDA and State governments (jointly or independently depending on the instance) under authority of this regulatory structure.

FDA and the States regulate the safety of finished products, stipulating the parameters for the finished product without indicating specific processing requirements. In accordance with Title 21 of the Code of Federal Regulations (CFR), Subpart A, Part 589.1, no substance may be used in animal food or feed unless it meets all applicable requirements of the Federal Food, Drug, and Cosmetic Act. Further, Federal regulations (21 CFR, Part 113) provide specific requirements for canned products. State laws and regulations generally reflect the Model Bill and Regulations of the Association of American Feed Control Officials (AAFCO).

AAFCO provides a mechanism for developing and implementing uniform and equitable laws, regulations, standards and enforcement policies for regulating the manufacture, distribution and sale of animal feeds; resulting in safe, effective, and useful feeds. AAFCO consists of representatives of each State (who regulate their industries under State feed laws), the FDA (which provides guidance and oversight in developing the Model laws and regulations), and USDA (in its role as competent authority). In addition to the State representatives, Canada and Costa Rica are also full members of AAFCO.

The Official Publication (OP) of AAFCO is widely accepted around the world as a source of valuable information, and in many cases, is also the basis for international regulation. The OP is updated every year with new or revised language that is generally applied across the entire United States, to all commercial animal feeds, including pet food.

The OP includes the Model Feed Bill (statute), Model Feed Regulations, Model Pet Food Regulations (which are applied in concert with and in addition to the Feed Regulations), as well as Pet Food Nutritional Profiles and Protocols for substantiating nutritional adequacy and energy content of pet foods. In addition, labeling guidance, ingredient definitions for allowed ingredients in animal feed, and other information essential for the production of animal feed and pet food in the US are also included.

Under the Animal Health Protection Law, USDA has the authority to prohibit or restrict the exportation of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination from or within the United States of any pest or disease of livestock, may require owners and purveyors to disinfect articles, may take remedial actions and may certify the classification, quality, quantity, condition, processing, handling, or storage of any animal or article intended for export. APHIS serves as the competent authority for these functions. In this role, APHIS veterinary officials negotiate sanitary requirements with veterinary counterparts in importing countries in concert with the regulatory authorities mentioned above. APHIS issues export certificates verifying that the companies producing the pet food have met the sanitary-phytosanitary standards of the importing country. APHIS Veterinary Services officials conduct inspections as necessary, and review necessary information provided by the exporter to substantiate the veterinary certifications being made prior to issuing the health certificate.

Within the United States, pet food for export is produced in the same facilities and with the same ingredients as products produced for domestic use. The same regulations and standards apply to exported products as for products for domestic use. Exported pet foods vary only based on individual country requirements.

Sources

  1. Title 21, Code of Federal Regulations 21CFR589.1 or 21CFR113 (see http://www.gpoaccess.gov/cfr/index.html, search on 21CFR589.1, etc.)

  2. Federal Food, Drug, and Cosmetic Act (http://www.law.cornell.edu/uscode/html/uscode21/usc_sup_01_21_10_9.html)

  3. Animal Food, Feed Ingredients, and Additives (U.S. Food and Drug Administration, Center for Veterinary Medicine, http://www.fda.gov/cvm/animalfeed.htm)

  4. Pet Foods (U.S. Food and Drug Administration, Center for Veterinary Medicine, http://www.fda.gov/cvm/petfoods.htm)

  5. FDA's Regulation of Pet Food (U.S. Food and Drug Administration, Center for Veterinary Medicine, http://www.fda.gov/cvm/petfoodflier.html)

  6. Official Publication, Association of American Feed Control Officials (http://www.aafco.org/)

  7. Authority of Secretary of Agriculture to certify exports under the Animal Health Protection Law (Section 8304, Chapter 109, Title 7, U.S. Code, http://www.law.cornell.edu/uscode/uscode07/usc_sup_01_7_10_109.html)

  8. International Animal Product Export Regulations (USDA APHIS Veterinary Services, National Center for Import and Export, http://www.aphis.usda.gov/vs/ncie/iregs/products/)
 

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