The Food and Drug Administration (FDA) and the Association for American Feed Control Officials (AAFCO) agreed this week to extend their memorandum of understanding (MOU) that will keep the existing feed ingredient review and approval system in effect through 2015, according to an AAFCO notice cited by the American Feed Ingredient Association (AFIA). Such a development was previously in serious question.
Assisting in securing this outcome was a jointly-signed letter sent earlier this month to FDA’s Center for Veterinary Medicine. Eight animal agricultural organizations, including the National Chicken Council, urged FDA to not impose certain across-the-board “standards” for all animal foods because such action would “threaten the federal feed ingredient authorization process.” FDA’s intentions to apply its “standards” to all feeds would negatively and unnecessarily impact all agricultural animal producers, the organizations pointed out in the letter.
The issue stems from statutory language included in the Food and Drug Administration Amendments Act (FDAAA) of 2007 that requires FDA to set pet-food ingredients “standards.” FDA contended that its “standards” extend to all animal foods since it regulates feed and pet food the same. The problem that occurred is that the Federal Food, Drug and Cosmetic Act does not define “standards,” while AAFCO, the state feed control officials organization, uses the term “definitions,” rather than “standards.” In the letter to FDA the groups urged a logical, common-sense solution to the issue, that is, FDA should administratively interpret “standards” to be equal to “definitions.”
“We strongly support efforts by the American Feed Industry Association, the National Grain & Feed Association, and the Pet Food Institute to have FDA accept apparent congressional intent to equate the term “standard” with “definition” and to accept these two words as synonymous. Failure to do so threatens the existing federal feed ingredient-approval process and the FDA and AAFCO cooperative arrangement. If FDA were to cease taking AAFCO reviewed ingredient applications, a very long, costly process of re-evaluating all existing feed ingredients would have begun next year,” the letter said.
Although the issue is apparently resolved through 2015, AFIA and other groups continue to work for a more permanent solution by having appropriate legislation approved in the 113th Congress. FDA is also working on its version of such language. NCC has indicated its willingness and support to secure an appropriate, permanent fix.
The November 20, 2012, MOU between FDA and AAFCO can be viewed here.
