Dear ,

As a tax payer and a voting citizen, I am writing to inform you that the FDA is ignoring Federal law. The FDA is blatantly allowing pet food manufacturers to ignore the U.S. Federal Food, Drug, and Cosmetic Act (FFDCA) and in turn, many brands and varieties of pet foods are being shipped and sold all across the U.S. with misleading labels and adulterated ingredients. This deliberate law bending must stop.

To provide you with an understanding, the following are excerpts from the Federal Food, Drug, and Cosmetic Act. Section 201 (f) of FFDCA plainly states the definition of food: “The term ‘food’ means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.” Section 301 plainly states prohibited acts: “The introduction or delivery for introduction into interstate commerce of any food, drug, device, or cosmetic that is adulterated or misbranded.” (c) “The receipt in interstate commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.” And lastly Section 402 defines adulterated food: “A food shall be deemed to be adulterated – (a) Poisonous, insanitary, or deleterious ingredients.” (a)(5) “if it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter;”

The FDA has taken it upon themselves to provide pet food the ability to ignore Section 402 of the FFDCA. Below are direct quotes from the FDA website to prove this, along with the page locations.

“Pet food consisting of material from diseased animals or animals which have died otherwise than by slaughter, which is in violation of 402(a)(5) will not ordinarily be actionable, if it is not otherwise in violation of the law. It will be considered fit for animal consumption.”
“The pet food canning industry utilizes undecomposed animal and marine tissues from various sources. These include products of the rendering industry such as various meat, poultry, and bone meals; meat scraps and offal from packing house waste, freshly boned-out animals; and occasionally meat from animals that may have died otherwise than by slaughter. Before processing, many of these commodities may be considered in violation of *402(a)(5)*, however, the Center for Veterinary Medicine (CVM) is aware of no instances of disease or other hazard occurring from canned packing house offal or the tissues of animals that may have died otherwise than by slaughter.”

The Federal Food, Drug, and Cosmetic Act does NOT allow for diseased animals or animals which have died other than by slaughter into any food – regardless whether the ‘commodities’ are processed. The FDA has in essence, re-written the laws that Congress developed to protect U.S. citizens and their pets. Does Congress approve of the FDA writing their own version of the law?

Regardless whether the CVM is ‘aware of no instances of disease or other hazard’ occurring from pets consuming foods which contain what is referred to as 4-D animals – dead, dying, diseased and disabled animals - the use of these 4-D animals is in direct violation of Federal law. The very reason 4-D animals are not used in human food – for risk of disease – should be the very same reason they are not used in animal foods. The law provides this for U.S. consumers AND their pets.

Another page on the FDA website is in contradiction to their statements above.
“CVM is aware of the sale of dead, dying, disabled, or diseased (4-D) animals to salvagers for use as animal food. Meat from these carcasses is boned and the meat is packaged or frozen without heat processing. The raw, frozen meat is shipped for use by several industries, including pet food manufacturers, zoos, greyhound kennels, and mink ranches. This meat may present a potential health hazard to the animals that consume it and to the people who handle it.”

The Center for Veterinary Management, instead of simply being ‘aware of the sale of 4-D animals for use as animal food’, should be actively prosecuting each and every company that utilized animal food ingredients from dead, dying, disabled or diseased animals. Pet food ingredients that could contain a 4-D animal are some of the most popular pet food ingredients including ‘by-product meal’ and ‘animal fat’.

There have been rumors for many years that euthanized pets – removed from countless animal shelters across the country – have become rendered ingredients in pet food. In 2002, the FDA provided a report on their testing of dog food purchased directly from store shelves, and found many of the foods contained pentobarbital – the drug used to euthanize animals, including pets and shelter animals.

This report again proves the FDA allows euthanized animals, and the drug used to end their lives, to become pet food in direct violation of the FFDCA. The FDA has also determined that the pet food ingredient ‘Animal Fat’ to be the most likely ingredient to contain a euthanized animal and pentobarbital. This pet food ingredient – ‘animal fat’ – is commonly used by many of the top brands of pet foods today. The sale of, and the transport of these pet foods, is in violation of Federal law.

Lastly, the FDA endorses mislabeling of pet foods by flatly accepting pet food regulations developed by AAFCO – American Association of Feed Control Officials. AAFCO regulations state: Regulation PF7 of the AAFCO manual, category Nutritional Adequacy: (a) “The label of a pet food or specialty pet food which is intended for all life stages of the pet or specialty pet may include an unqualified claim, directly or indirectly, such as ‘complete and balanced’, ‘perfect’, ‘scientific’ or ‘100% nutritious’…”

Yet the FFDCA states (Section 403): “A food shall be deemed to be misbranded – “False or misleading label. If (1) its labeling is false or misleading in any particular, or (2) in the case of a food to which section 411 applies, its advertising is false or misleading in a material respect or its labeling is in violation of section 411(b)(2).” An ‘unqualified claim, directly or indirectly’ is false and misleading; which is in direct violation of Federal law.

I urge you to take an investigative trip to the pet food aisle at your local grocery store or pet store; there you will find a huge array of pet foods that the FDA allows to violate Federal law. It is your job as a representative of both the United States of America, and your state, to stop this from happening. Please do not allow this to continue. Do not allow the FDA to shift the blame towards AAFCO or any other organization; the sole responsibility lies within the FDA to enforce Federal law.

Pet owners from across the country are writing letters to their Congressional Representatives asking Congress some hard questions. I am one of many pet owners (63% of U.S. homes have pets) who want answers to the following questions:

• Why is the FDA being allowed to ignore Federal law?
• Why is pet food allowed to contain diseased, disabled, dead, and dying animals?
• Why does pet food contain the drug pentobarbital used to euthanize animals?
• Why are pet food labels allowed to lie to U.S. consumers?
• What are your plans to stop the FDA from ignoring Federal law?
• When can pet owners expect to see the FDA respect and enforce Federal law concerning pet food?

Please know, I am asking for your response to the above questions. Furthermore, your response will be posted on the website

Should you decide to demand the FDA enforce Federal law, 74 million U.S. pet owners will know you are on their side; that you care about Federal law, and you care about their pets. As well, should you do nothing, we will be noting that as well. All responses will be posted on this website, as well as any ‘no response’ from a Congressional Representative.

The Federal Food, Drug, and Cosmetic Act clearly states that food is defined for humans and animals. The FDA is blatantly ignoring Federal law allowing pet food to be the dumping ground for waste materials. Pet owners are NOT knowingly purchasing waste products, 4-D animal pet food. They are purchasing pet foods labeled as premium, choice, or healthy, but the actual ingredients are far from what the labels claim.

At the very least, if pet food is continued to be allowed to be the dumping ground of 4-D animals, then we demand that the dog food, cat food, or pet treats be labeled honestly (as well as all other animal feeds).

The statement ‘This pet food contains the processed remains of an animal that is considered adulterated by human food standards; it contains pieces of diseased and/or euthanized animals’ should be clearly visible on the front of the label - immediately. However much this statement sounds unappealing, at least the truth would be out there for pet owners and caretakers to make justified and well-informed choices.

The FDA is ignoring Federal law, and it must stop immediately. No government agency should be allowed to ignore Federal law. I am waiting for your response, and 74 million U.S. pet owners are waiting for changes. We hope you make the right choice.