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Your Pet Food Is About to Change

New Pet Food Regulation Bill Hits Congress

Author

Bryan Reisberg
February 29, 2024

New Pet Food Regulation Bill Hits Congress

The pet food world is gearing up for a big change with a new federal overhaul on the horizon. The PURR Act, short for Pet Food Uniform Regulatory Reform, aims to revamp how pet food is regulated, apparently making it more like how human food is handled. While some folks aren't sure about giving the feds all the control, advocates say this new law will simplify things and make sure our furry friends are getting the best grub.

The Pet Food Institute (PFI), a US trade group and major player in the pet food industry, is all for the PURR Act. They want the FDA to be the boss when it comes to what's in pet food, saying it'll clear up the current confusion of regulatory practices varying on a state-level. But not everyone's on board – critics, like the Association of American Feed Control Officials (AAFCO) and American Feed Industry Association (AFIA) worry that a federal system could weaken oversight, leaving pets at risk. They argue that state programs are better suited to keep an eye on things, ensuring that pet food is safe and labels are accurate.

How Pet Food Is Currently Regulated

The pet food industry is getting a bad rap for being too laid-back on the rules, giving manufacturers room to pull the wool over consumers' eyes. The problems? Rules on what goes on labels are weak, enforcement is all over the place, there's no good way to track where food comes from, and nobody's really keeping an eye on things. Deception seems to be a big issue in the pet food world, and more and more people are starting to notice.

Here’s how we got to this point:

Back in 1938, the FDA's Federal Food, Drug, and Cosmetic Act (FDCA) made sure human and animal food was safe and properly labeled. But when it came to pet food, the rules were a bit fuzzy and oversight was limited, leading to some criticism.

In the swinging '60s, the Association of American Feed Control Officials (AAFCO), which is a non-profit, tried to spruce things up by suggesting clearer rules and definitions for pet food. They're still at it, coming up with guidelines to keep pet food safe and labeled properly. But here's the catch: joining the AAFCO is optional, so pet food makers can decide if they want to play by the rules.

Now, the Pet Food Institute (PFI, and the PURR Act’s largest supporter), which represents a big chunk of the pet food biz, thinks the Food Safety Modernization Act (FSMA) is a good idea. But they're not so happy with the FDA's guidance – they say it's not up to snuff. They also think there's not enough money to keep an eye on things, which makes it tough for the feds and the states trying to make sure pet food is safe and follows the rules.

Here's the scoop: pet food doesn't need a nod from the FDA before hitting the market. But if an ingredient is seen as a "food additive," it needs FDA approval. The trouble is, the FDA's idea of a food additive is pretty broad – it covers anything that becomes part of food or changes how it tastes or looks.

To dodge the FDA's strict checks on food additives, pet food makers often use things considered "generally recognized as safe" (GRAS). To get the GRAS stamp, a substance either needs to have been used safely in pet food before 1958 or have solid scientific proof from a reputable source that it's safe.

According to Pet Food Industry, here is a summary of what the PURR Act does and does not do:

What the PURR Act does:

  • Amends the Federal Food, Drug, and Cosmetic Act (FD&C Act).

  • Preempts any state government from requiring label reviews or premarket approval.

  • Requires the FDA Center for Veterinary Medicine (CVM) to conduct and coordinate timely science-based reviews of pet food ingredient submissions and submit a yearly report to Congress on performance metrics.

  • Permits ingredients identified as accepted for use in pet food under chapter 6 of the American Association of Feed Control Officials (AAFCO) Official Publication to continue to be lawfully used and deemed generally recognized as safe (GRAS).

  • Permits current claims, such as tartar control, human grade, natural and others to continue to be used and be regulated by FDA CVM.

What the PURR Act DOES NOT do:

  • It does not affect the Food Safety Modernization Act (FSMA). Congress has given FDA the authority to regulate food safety. This is done proactively through compliance with FSMA, which is already a federal requirement.

  • It does not change or impact FDA’s regulation of pet food safety in any way.

  • It does not affect the Food Additive Petition (FAP) process, GRAS (Generally Recognized as Safe) determination process, or the AAFCO ingredient approval process.

  • It does not impact state regulation and oversight or the ingredient approval process of commercial feed for livestock and specialty pet food under existing state feed laws.

  • It does not impact state safety inspections of facilities under FSMA.

  • It does not prohibit any cooperative agreements between FDA and states. 

So if you’ve noticed that the bill kind of lacks the attention to quality assurance, you’re not wrong. Nothing in the bill provides pet owners access to the latest scienced-based nutrition, nor does it really require pet food to be regulated like human food. As noted by Truth About Pet Food, Pet food would remain a mainly feed grade product without disclosure of feed grade to pet food consumers.

Personally, I’m skeptical of giving the federal government complete oversight of our pet’s food, but it seems like this industry is in dire need of modern regulatory updates.

Maybe the PURR act isn’t PURRfect after all. I’m sorry. I had to.

What do you think about The PURR Act?

What do you think of the PURR Act?

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