History of Feed RegulationHistory of Feed and Pet Food Industry Regulation in the U.S.
Government regulation of feed began prior to 1900; however, the exact date is in question. In 1895, Connecticut passed a general food law containing provisions for the regulation of food sales for humans and animals. Massachusetts passed the first specific feed law in 1896. Other New England and eastern states followed in passing similar laws. By 1920, 38 states had some form of feed regulation in effect. Today, all states have laws regulating the sale of feedstuffs except for Alaska.
Justification for such laws was rooted in the inability of the buyer to identify and judge the quality of ground ingredients, by-products or mixtures of such ingredients by visual inspection. Therefore, the buyer needed assistance in determining feed values and needed protection from those who sold material of poor or varying quality.
Such sellers created an unfavorable image for the young industry. The fact that laws were passed to control the sale of ingredients and formula feeds implied that everything was not on the up-and-up and added to that poor image. For the most part, this has been overcome with time. However, some state and U.S. government publications continue to advise the farmer to beware of feeds containing low-grade ingredients. One feed manufacturer reacted by advertising its feed as one without a filler.
Federal control of feeds shipped in interstate commerce has been in effect since 1906, when the Federal Food and Drug Act was passed. However, the major role of feed regulation has been, and continues to be, exercised by the states. In 1938, the Federal Food, Ding and Cosmetic Act added certain requirements for labeling of feeds. On Sept. 6, 1958, the Delaney Clause of the Food Additives Amendment became effective. That clause restricted the use of carcinogenic compounds that were not proven safe under the conditions of their intended use. Proof of safety included animal safety and no residues in food products. The no-residue provision and more sensitive test methods subsequently removed a number of animal drugs from the market.
The increasing use of animal drugs in feeds in the 1960s brought manufacturing of feeds under increased federal government scrutiny. In 1965, federal inspection of feed plants for compliance with Good Manufacturing Practices provided a new experience for feed manufacturers. The GMP regulations provided guidance on the handling and use of animal drugs to produce medicated feeds. Good housekeeping and production methods had to be followed to comply with recommendations of the U.S. Food and Drug Administration. The design and engineering of new equipment and the layout of new feed plants were influenced as a direct result of the GMP requirements. Further changes in the FDA's GMP regulations were made in 1976 and 1977.
In November 1909, The Association of American Feed Control Officials was organized by control officials to provide a counterpart to the newly created American Feed Manufacturers Association (now known as the American Feed Industry Association) in dealing with the many problems associated with a new industry.
The Southern Association of Feed Control Officials was organized in 1938 and adopted uniform standards of feed analysis. That association has remained active through the intervening years to deal with control problems peculiar to the feed industry in die southeast.
Over the years, trade papers have noted the continual need for uniform legislation and closer working relations with the feed industry and have recognized the slow but positive improvement that has been taking place in working relations between industry and state authorities.
In 1937, AAFCO collaborated with AFMA in preparing a model feed law for use by the individual states in preparing legislation. It was refined in October 1957, and further updates were made 1966 and 1968. In August 1969, it was revised again to incorporate federal GMPs by reference. The model law, or legislation patterned after it, since has been adopted in all states except Alaska. The relative uniformity of feed laws and their labeling requirements throughout the U.S. has facilitated the manufacture and distribution of feed for firms operating in two or more states.
Much has been accomplished through the joint efforts of industry and state control officials to provide farmers with the information and product they desire. The goal of uniform feed laws and tonnage reporting systems is desirable and can be achieved.
In 1963, the Miller Publishing Company (“ ”) developed a “Feed Additive Compendium” in cooperation with the Animal Health Institute. The publication is revised annually and has become die authoritative reference source on the use of animal drugs in feeds.
Collective terms for ingredient identification in mixed feeds were approved by the AAFCO in August 1969, effective Jan. 1, 1970. This concept grouped ingredients into seven categories: animal protein, forage, grain, plant protein, processed grain by-products, roughage and molasses products. Feed manufacturers using collective terms can more fully utilize least cost formulations by substituting ingredients of comparable origin without the delay and expense of changing registrations and printing new tags.
The list below summarizes the history of regulations for the manufacturing and sale of commercial feeds:
1909 — AAFCO was established.
1957 — A model state feed bill was approved by the AAFCO in October 1957.
1958 — The Delaney Amendment to the Federal Food, Drug and Cosmetic Act was adopted by Congress. It set a zero tolerance for any feed additive that is known to produce cancer in humans or animals. In 1962, the FDA issued implementing regulations that became effec¬tive on April 2, 1963.
1963 — “Feedstuffs” published the first “Feed Additive Compendium.”
1964 — AAFCO approved the use of a uniform feed tonnage report as part of the system for collecting inspection fees.
1965 — FDA issued the first GMP regulations for medicated feeds on May 11 and started inspecting feed mills.
1966-1968 — AAFCO modernized and adopted a revised model feed law and companion model regulations.
1969 — AAFCO approved the use of collective terms for ingredients, effective January 1, 1970.
1973 — FDA, enforcing the Delaney clause, initiated a ban on further use of diethylstilbestrol.
1976 — FDA proposed revised GMP regulations to be effective on December 29.
1977 — FDA published revised GMP regula¬tions that reduced analytical requirements in favor of other controls.
1981 — FDA published proposed "Second Generation GMPs" for the feed industry.
1986 — FDA published final "Second Generation GMPs" that created a new medicated feed application (MFA) form FD-1900 and established generic type applications.
1987 —Allowed levels of selenium supplementation were increased from 0.1 to 0.3 ppm.
1989 — FDA issued guidelines on acceptable limits of aflatoxin for feeds for various animals to replace the previous 20 ppb for all.
1990 — New feed laws in a number of states eliminated individual product registrations in favor of facility or firm licenses.
1991 — FDA issued new guidelines that established inspection priorities, protocols and GMP interpretations for medicated-feed mills.
1996 — Congress amended the Federal Food, Drug, and Cosmetic Act to provide for improvements in the process of approving and using animal drugs, creating the Animal Drug Availability Act.
1997 — To help prevent the spread of bovine spongiform encephalopathy (BSE) in the U.S., FDA published a final rule prohibiting the use of mammalian protein in ruminant feeds.
1999 — FDA amended the new animal drug regulations to implement the veterinary feed directive (VFD) drugs section of the Animal Drug Availability Act of 1996. A VFD drug is intended for use in animal feeds, and such use is permitted only under the professional supervision of a licensed veterinarian.
1999 — FDA published a final rule amending animal drug regulations to implement requirements for medicated feed mill licensing, replacing the requirement for feed mills to have an approved MFA for the manufacture of each medicated feed.
2000 — FDA approved the use of organic selenium in chicken feed.
2002 — The Public Health Security and Bioterrorism Preparedness and Response Act (Bioterrorism Act) required domestic and foreign facilities that manufacture, process, pack, or hold food for human or animal consumption in the U.S. to register with FDA.
2002 — The Bioterrorism Act further required that FDA receive prior notice before food is imported or offered for import into the U.S. This allows FDA, with the support of the Bureau of Customs and Border Protection, to target import inspections more effectively and help protect the nation's food supply against terrorist acts and other public health emergencies.
2002 — FDA approved the use of organic selenium in turkey and swine feeds.
2003 — FDA approved the use of organic selenium in feeds for dairy and beef cattle.
2004 — FDA published a final rule clarifying data required in the animal drug approval process for liquid medicated feed and free-choice medicated feed. It also clarified which liquid medicated feeds may be manufactured in a facility that has not obtained a medicated feed mill license.
2004 — FDA published a final rule establishing procedures for administrative detention of food under authority of the Bioterrorism Act. This new authority applies to food for which the agency has credible evidence or information that it presents a threat of serious health consequences or death to humans or animals.
2004 — FDA published a final rule for new record-keeping requirements under the Bioterrorism Act.
2004 — FDA and the U.S. Department of Agriculture published an advance notice of proposed rulemaking that requested comments and scientific information on additional measures to help prevent the spread of BSE in the U.S.
2008 — FDA finalizes rule updating the 1997 rule to prevent the spread of BSE in the U.S.
2011 — The Food Safety Modernization Act (FSMA) was signed into law on Jan. 4, 2011, and provides FDA with sweeping new authorities and requirements. The law was a bi-partisan supported bill backed by the food and feed industries. It authorizes FDA to promulgate new rules for preventive controls, develop performance standards, create new administrative detention rules and provides authority for mandatory recall of adulterated products.