Food Safety Modernization Act update
Proposed regulations mean change for the petfood industry
In October, the US Food and Drug Administration (FDA) proposed new regulations to implement aspects of the Food Safety Modernization Act (FSMA) for animal feeds (including petfoods), similar to those proposed for foods for human consumption earlier this year. The law, enacted in 2011, addresses sweeping changes to regulation of food for both man and other animals, including the establishment of preventive controls, improved inspection and response capabilities, improved oversight of imports, and enhanced partnerships with domestic and international regulatory bodies.
The newly proposed regulations focus on a small portion of the overall changes needed to fully implement FSMA. Still, the proposal as printed in the Federal Register is over 100 pages in length, and adds a whole new section to the Code of Federal Regulations (21 CFR 507 CURRENT GOOD MANUFACTURING PRACTICE AND HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS FOR FOOD FOR ANIMALS).
The purpose of the regulations under this proposal is, in part, to establish Current Good Manufacturing Practices (CGMPs) for the manufacturing, processing, packing and holding of animal feeds, including petfoods and ingredients used in petfoods. Prior to this, there have not been any federally-mandated CGMPs for petfoods except for low-acid canned foods. Under the proposal, however, all petfood manufacturers subject to the Bioterrorism Act (i.e., those that must register their food facilities) must follow specified rules unless expressly exempt under these regulations.
Failure to follow CGMPs would be de facto evidence of adulteration, rendering the product subject to enforcement action even without direct…