bad news first…
On June 26, 2024 “the Supreme Court held 6-3 that a federal bribery statute, 18 USC § 666(a)(1)(B), does not criminalize after-the-fact ‘gratuities’ paid to state officials or local government in recognition of official acts, where there is no quid pro quo agreement to perform those acts.”
This means that state government officials MAY receive rewards – including financial rewards – in appreciation of an official action.
Consider AAFCO.
AAFCO State government officials make important decisions affecting pet food. This Supreme Court decision means that the pet food industry is legally permitted to send a financial thank you, holiday gift, or gift to an AAFCO representative for a vote or action that favors the pet food company. of pets.
Or maybe a component supplier has a new waste component that they need AAFCO approval for. Now, it will be legal for the supplier of that ingredient to financially ‘thank’ the AAFCO official who is pushing the new ingredient definition through the process for approval.
But it could get worse…
This Supreme Court decision also means that when a state feed official inspects a pet food manufacturing plant, the inspector can receive a large reward for a clean inspection. Look the other way at violations…receive legally permissible financial gratitude.
Now, any of these things are legal according to the Supreme Court.
The good news…
A 1984 Supreme Court decision was recently overturned by the court in 2024. This decision – known as Chevron deference – allowed government agencies like the FDA to interpret the law their own way, allowing the government agencies the opportunity to (sort of) make their own rules (overriding federal laws if they felt the need). Now, individual courts can enforce the law rather than defer to the governing federal agency.
An example used by the FDA Center for Veterinary Medicine (CVM) allows the use of sick animals and animals that have died other than slaughtered in pet food without disclosure to the consumer. Federal law clearly classifies diseased animals and animals that have died other than at slaughter as “mixed” (not allowed in human or animal food)…but…the FDA CVM interprets the law differently.
In an FDA Compliance Policy, the agency states that “the Center for Veterinary Medicine does not believe that Congress intended the Act to preclude the use of different standards in human and animal foods.”.
The FDA CVM has taken a different position (different standard) on animal feed. Agency policy is: “No regulatory action will be considered for animal feed ingredients resulting from ordinary industrial rendering processes, including those who use animals that have died other than for slaughterprovided they do not violate the law.”
A 1984 Supreme Court decision (Chevron deference) allows agencies to interpret the law as they see fit. With respect to Chevron, a pet owner can file a lawsuit against a pet food manufacturer for illegal ingredients (derived from sick animals and animals that died other than slaughter) and likely that court ruled that the FDA allows this type of material in pet food, and the lawsuit was likely dismissed. The courts deferred to the federal agency’s opinion because the Supreme Court ruled they should.
But now, with deference to Chevron overturned, the same lawsuit can be filed and the judge will have the authority to agree with the pet owner, agreeing to federal laws that clearly define the material that it as adulterated.
This decision of the Supreme Court pet food manufacturers that use illegal, adulterated ingredients should be made very nervous.
Fasten your seatbelt, things can get messy with pet food very soon.
Wishing you and your pet(s) the best,
Susan Thixton
Pet Food Safety Advocate
TruthaboutPetFood.com
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