The U.S. feed industry is facing significant changes to longstanding animal feed ingredients approval procedures after the October 1 expiration of a memorandum of understanding (MOU) between the Association of American Feed Control Officials (AAFCO) and the U.S. Food and Drug Administration (FDA) that allowed the FDA to rely on AAFCO’s Ingredient Definition Request Process.
The 17-year-long collaboration between state and federal regulators was a model of effective cooperation and facilitated a harmonized process that benefited all stakeholders — industry players, consumers and global trade partners.
However, while AAFCO’s approach to reviewing and approving ingredients was rigorous and science-based, legal concerns are speculated to have contributed to the decision to end the MOU. The Washington-based food and agriculture law firm Olsson Frank Weeda Terman Matz PC wrote that recent Supreme Court rulings scrutinizing agency actions without legislative backing raised questions over FDA’s legal authority to recognize AAFCO’s definitions via the MOU. Furthermore, Congress has not appropriated any funds specifically for Center of Veterinary Medicine (CVM) staff to consult with AAFCO on ingredient definitions.
After FDA’s August 2 letter to stakeholders acknowledging the MOU’s expiration, AAFCO and industry associations, such as the American Feed Industry Association (AFIA) and the National Grain and Feed Association (NGFA), voiced disappointment over the decision and pledged to collaborate with FDA to ensure any new procedures provide clear and consistent review processes.
As the FDA reviews its approach to animal food ingredient approvals, the outcome will significantly impact the industry’s regulatory landscape and market attractiveness. The concern is, if the regulatory review process becomes more complicated or raises the time and costs required to approve new ingredients, it could deter innovation in bringing new feed ingredients to market.
The impact of these procedural changes on the feed industry remains to be seen but is expected to be significant.
