Pet food producers purr over US bill to modernize regulation as feed control officials bite back

15 Apr 2024 --- Dog and cat food manufacturers have welcomed a new federal bill designed to harmonize the regulatory process for product approval across the US, claiming that consistent national standards replacing the current state-by-state framework would incentivize innovation in nutrition. But, opponents warn the new rules could negatively impact food safety and reduce label transparency.

According to Dana Brooks, president and CEO of the Pet Food Institute (PFI), whose members produce most dog and cat food and treats in the US, regulators have an effective model to follow — the regulatory system for human food.

“A Morning Consult survey found that 88% of pet owners felt the process for regulating pet food should be more like the human food process. This process should be centralized at the federal level, streamlined and uniform,” she tells Food Ingredients First.

The proposed bill, introduced in February, would see the US FDA take regulatory authority over the labeling and ingredient review process for pet food and treats, creating a framework similar to the regulation for human food.

However, the Association of American Feed Control Officials (AAFCO) and the National Association of State Departments of Agriculture have been critical of the current version of the PURR Act (Pet Food Uniform Regulatory Reform Act of 2024). 

AAFCO says the new rules would allow manufacturers to distribute products “self-proclaimed” as safe without a government authority verifying the ingredients or nutritional statements before sale.

“State feed programs are the first line of defense protecting consumers from misleading or mislabeled pet food products. Under the PURR Act, this important layer of consumer protection would completely go away,” says Austin Therrell, executive director at AAFCO.

Check the label
Under the PURR Act, State Departments of Agriculture would still engage in quality inspections and product registrations, but label and ingredient approvals would be streamlined under the FDA.

AAFCO is concerned with the “ingredients sometimes present” language currently included in the bill, which states that manufacturers may use words on packaging such as “and/or,” “contains one or more of the following,” or other words indicating that an ingredient may not be present in the pet food.Pet food producers want regulation harmonized nationally so they can meet demand for more nutritious options.

The legislation would allow manufacturers to change or omit ingredients without disclosing important information to consumers, the organization warns.

“Many consumers purchase pet foods and treats based on their pets’ dietary needs or allergen requirements. Lack of transparency would leave consumers unable to know for certain which ingredients their pets may or may not be consuming, leading to potential health risks,” says Therrell.

However, PFI maintains that the legislation encompasses what is necessary to provide a consistent and predictable regulatory framework for pet food makers without compromising food safety.

“The current two-tier federal and state oversight system creates confusion and inconsistencies that can cause commerce disruptions,” says Brooks.

“Multiple examples of states having different interpretations of AAFCO guidelines have resulted in rejections in label reviews, stop sales and even the withdrawal of products from shelves for issues that have nothing to do with product safety.”

“For example, several states have issued rejection letters, and one state threatened to issue a stop sale on products because the words ‘Vitamins’ and ‘Minerals’ were in bold font. These issues are unrelated to safety.”

Other associations, including the Pet Advocacy Network, the American Pet Products Association and the Consumer Brands Association, also support the bill.

Removing red tape
According to the US representative Jake LaTurner, who introduced the bipartisan bill, costly and outdated regulations have made it difficult for pet food manufacturers to invest in R&D for new and improved products.

Meanwhile, consumer demand for healthier pet food continues to grow. The Morning Consult survey found that two-thirds of pet owners felt it important to have access to the latest in science-based nutrition.AAFCO warns the new rules could leave consumers unaware of which ingredients their pets are consuming.

“Unfortunately, getting a new ingredient approved for pet food may take 5–10 years and hundreds of thousands of dollars in expenses,” says Brooks.

“[The new] federal legislation would replace the current inefficient patchwork approach between states and the federal government with consistent, predictable and clearly defined national standards, encouraging innovation and speed to market.”

“Under the PURR Act, timelines for reviewing new ingredient submissions would be established, and the FDA Center for Veterinary Medicine would submit an annual performance report to Congress, allowing new, quality ingredients to get from research facilities into pets’ food bowls in a more predictable manner.”

AAFCO recognizes the opportunities to improve regulatory efficiency and bring more pet food innovation to the marketplace but reiterates that regulators must achieve this objective with safety and transparency.

“Engaging states and those intimately involved in the day-to-day oversight of pet food products is imperative to truly create a modernized regulatory system,” says Therrell.

We recently reported on the pet food packaging industry, which is also pursuing opportunities related to the “humanization” of pets.

By Joshua Poole