On March 11, 2024 the Agricultural Marketing Service (AMS) division of the United States Department of Agriculture (USDA) released proposed regulations for organic pet food. The USDA says the standards are necessary “to resolve inconsistency and uncertainty” in the organic pet food market. The USDA admits that there are currently inconsistent interpretations of organic pet food regulations such as “Some pet food manufacturers are allowed to use slaughter by-products where others are not.”
We agree that a uniform organic pet food standard is necessary, however we disagree with some of the recommendations from the USDA AMS for pet food. Such as: the agency wants to allow organic butchery products into organic pet food without requiring those by-products to be tested and passed to the USDA (opening up the possibility of organic pet food being contain condemned animal material). Another concern is that the USDA AMS has intentions to allow synthetic taurine in organic pet foods.
The following is our response to the proposed regulations:
We agree that there is a need for an Organic Pet Food Standard.
AMS asked “Is the regulatory language and accompanying discussion in this document clear enough to allow producers, handlers, and certifying agents to comply with the proposed requirements?” Accordingly, AMS did not question whether the regulatory language would result in clear organic or manufactured organic claims for pet food consumers. As a pet food consumer stakeholder organization, we provide comments with the largest stakeholder in mind – pet food consumers. No, the language of the regulation is not clear enough to allow consumers to fully understand the meaning of organic or made with organic ingredients pet food.
One of the earliest issues of confusion in the rule is the meaning of ”pet food”- defined by AMS as ”Any commercial feed prepared and distributed for pet consumption.” This definition of pet food is the opposite, pet ‘food‘ is defined as a ‘feed‘ (“any commercial feed“). Feed is very different than food. The feed is not held to the same food standards; manufacturing, quality of ingredients, transportation and storage of ingredients are held to different food and feed standards.
In pet products, the classification of products is classified as feed grade or human grade. Human grade standards, certified by AMS, meet every legal food requirement – from ingredient quality to manufacturing standards. Feed grade on the other hand is defined as: Feed Quality: Material determined to be safe, functional and suitable for its intended use in animal feed, is handled and labeled appropriately, and complies with the Federal Food, Drug and Cosmetic Act unless otherwise expressly permitted by the appropriate state or federal agency (Suitable for use in animal feeding). Please note that this legal definition allows for the use of ingredients that do not comply with the Federal Food Drug and Cosmetic act through enforcement discretion. The feed grade is allowed by enforcement discretion to include illegal substances.
Title 21, Chapter 1, Subchapter E, Part 502.5 General Principles (a) states: “The common or common name of a food…may not be confusingly similar to the name of any other food that is not reasonably included in the same name. Each class or subclass of food should be given its own common or common name that indicates, in clear terms, what it is in a way that distinguishes it from other foods.”
Interestingly, pet grade feed products labeled and referred to as ‘pet food’ are confusing to consumers. Feed is a subclass of food and each federal law requires it to be given its own common name, such as pet feed. We ask AMS to provide clarification to consumers as to whether the organic product and/or organic ingredients are feed grade or food grade (human grade).
Synthetic taurine.
AMS stands for synthetic taurine “is a necessary ingredient in some pet foods”. This statement is incorrect. Taurine is a required nutrient in cat food, the legal requirement for taurine in cat food It is NOT required to be ‘synthetic’. AMS continues that unless synthetic taurine is allowed”it limits the types of pet food that can be certified as organic to single-ingredient pet food and treats”. Again, this is incorrect. As the AMS states, taurine is present in raw meat. The AMS states that taurine “is lost when heated” which is an inaccurate statement. Taurine can be ‘lost’ through the ultra-processing used by some types of pet food, however not all styles of pet foods are ultra-processed. Taurine is not ‘missing’ with minimally processed pet foods including cooked foods. Allowing synthetic taurine to be included in organic ultra-processed pet foods penalizes minimally processed pet foods to benefit ultra-processed pet foods.
By-products of organic killing.
AMS questions: “Are there barriers to greater use of organic slaughter products in organic pet food?” Yes, there are obstacles. AMS does not clarify whether the proposed allowance of organic slaughter by-products must be USDA inspected and passed ingredients or whether condemned animal material will be allowed. Although federal and state laws prohibit the inclusion of degraded animal material for use in any food (human or animal food), pet food authorities practice selective enforcement of this rule in the food of pet. In response to the Citizen Petition, Dr. Steven Solomon (former director of the FDA Center for Veterinary Medicine) in April 2019: “We do not believe that the use of diseased animals or animals that have died other than slaughter for animal feed poses a safety concern and we intend to continue to exercise discretion in enforcement.” Organic or made with organic ingredients pet foods should not contain condemned by-products. The proposed regulations should include a legal definition of organic slaughter products, clarifying the need for inspections and submitted slaughter products to the USDA.
Press here to read the entire proposed rule (National Organic Program; Market Development for Mushrooms and Pet Food).
Pet food consumers can post comments on the Regulations.gov website. Click the blue ‘Comment’ button to post your comment.
Wishing you and your pet(s) the best,
Susan Thixton
Pet Food Safety Advocate
Buyer Beware of Author, Co-Author Dinner PAWsible
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