Changes to pet food standards coming with MOU expiration

An important check in the approval of ingredients for use in pet food is about to change. The Association of Feed Control Officials' (AAFCO) memorandum of understanding (MOU) with FDA expires on Oct. 1, 2024. FDA will not renew the MOU, which supports the AAFCO Ingredient Definition Request process, a partnership that incorporates guidance from state feed programs.

In a press release, Austin Therrell, executive director at AAFCO, said, “AAFCO believes that its ingredient definition process has been a shining example of successful collaboration and partnership between states and the federal government.”

This procedural change comes as the pet food market is quickly evolving. Formats, once limited to dried kibble and canned food, now include raw and refrigerated products. Formulations are using more novel and GRAS (generally recognized as safe) ingredients. As opportunities for pet food manufacturers are growing, so are concerns about the regulation of pet food.

The elimination of the MOU reduces the approval process for new ingredients to two methods: the Food Additive Petition process and the GRAS notice process. However, the program for GRAS notification is voluntary. FDA doesn’t authorize GRAS ingredients for human food, so it raises the question: How will oversight of ingredients by FDA’s Center for Veterinary Medicine (CVM)  differ from regulations for human foods? Especially when consumer mistrust of FDA recently led to state bans of certain ingredients.

FDA pledges to continue working closely with AAFCO. In a letter to stakeholders, FDA said the agency will seek public comment and deliver draft guidance regarding the transition phase. “Now is the appropriate time to re-evaluate how FDA conducts its animal food pre-market programs,” the letter said.

In a meeting held on Aug. 7, AAFCO’s members voted in favor of pursuing two new directions for the association. “First, AAFCO members are in favor of broadly recognizing a new FDA process, called the Animal Food Ingredient Consultation program (AFIC), to review animal food ingredients,” Therrell said. “Second, our [AAFCO] members are in support of AAFCO developing a new state-led ingredient approval process that can be recognized by state officials across the U.S.

The acceptance of both of these resolutions grants AAFCO permission to work out the details over the ensuing year. These new processes will fill in the gap that the MOU will undoubtedly leave and provide more certainty for the animal food industry as we move forward. AAFCO is poised to focus on these new processes, as well as to continue the ongoing work we are doing to provide standards, guidance and harmonization for the industry as we strive to be the trusted leader that safeguards animal and human health.”

Dana Brooks, president and CEO, Pet Food Institute (PFI), said her organization will not take a position on this matter until FDA’s transition plan and proposed process is heard. She added, “PFI looks forward to participating in the public comment period that FDA outlined in its letter to stakeholders and reviewing the guidance documents outlining the transition phase.”

Giving FDA’s CVM sole regulatory authority over pet food was the basis of H.R. 7380, commonly known as the PURR Act. The bill, introduced in February, has not progressed beyond referral to committee.