03/13/2024 | Press release | Distributed by Public on 03/13/2024 14:22
March 13, 2024, Covington Alert
On March 11, 2024, the United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published a proposed rule that would amend the agency's organic regulations to establish specific standards for organic pet food.[1] The purpose of the amendments is to resolve inconsistency and uncertainty in how the regulations apply to organic pet food and to support further growth of the organic pet food market. The proposed amendments would expressly apply the organic regulations' labeling requirements to pet food and allow for use of organic slaughter by-products and certain vitamins and minerals, as well as synthetic taurine, in organic pet food.
AMS's current organic regulations at 7 C.F.R. Part 205 do not include specific standards for organic pet food products. To date, pet food has instead been certified organic under general standards in the regulations, but in a manner that has been inconsistent. AMS explains in the proposed rule that some certifying agents and producers apply a combination of livestock feed standards and handling standards for processed products to certify organic pet food, but these practices involve varying regulatory interpretations. The resulting inconsistent practices fail to meet a key purpose of the Organic Food Production Act, "to assure consumers that organically produced products meet a consistent standard."[2] Neither set of standards is appropriately tailored to the unique needs of pet food products, as they either lack specific allowances for nutrients that are necessary for pets or prohibit the use of common pet food ingredients such as slaughter by-products (e.g., animal and poultry by-product meal, animal liver), which are often used to meet protein levels required by pet food regulations. AMS believes its proposed rule would create clear and consistent standards for organic pet food products that would address these inconsistencies and foster demand in organic meat and slaughter by-products and the growth of the pet food market.
Noting that the proposed rule would not supersede pet food labeling requirements of the Food and Drug Administration and state regulatory bodies, key aspects of the proposal include:
By the May 10, 2024 due date, USDA is seeking comments on the proposed rule, and specifically on the following questions:
1. Is the regulatory language and accompanying discussion in the proposed rule clear enough to allow producers, handlers, and certifying agents to comply with the proposed requirements?
2. Do the proposed amendments create any conflict with current organic regulations?
3. Would a one-year implementation period (from the effective date of a final rule) be appropriate for affected operations to comply with these proposed changes? If not, what timeframe would be appropriate?
4. What factors have kept pet food manufacturers from seeking organic certification? Are there barriers that the proposed rule does not address?
5. Are there any additional synthetic, nonsynthetic, or nonorganic substances required in pet food to meet pet health needs that are not included in the proposed rule?
6. Are slaughter by-products commonly used in organic pet food? Are there obstacles to greater use of organic slaughter by-products in organic pet food? Is there existing data on the organic slaughter by-product market utilization and prices?
If you have any questions concerning the material discussed in this client alert, please contact the members of our Animal Food and Drug practice.