FDA Issues Fact Sheet on Safely Distributing Unused Human Food for Animal Food Use During COVID-19

On Friday, March 27, 2020, FDA’s Center for Veterinary Medicine (CVM) issued a Fact Sheet on “Safely Distributing Unused Human Food for Animal Food Use During COVID-19.” The advisory accompanying the Fact Sheet explains that because of COVID-19-associated restrictions on in-store dining, certain businesses may have surplus food that, if not usable for human food, could be repurposed for animal use during the COVID-19 pandemic.

Although the Fact Sheet seems well-intentioned, as FDA has been aiming to provide flexibility for food companies to find outlets for food originally intended for restaurants and foodservice, as drafted, it raises significant safety and legal concerns. Industry stakeholders may wish to provide comments to CVM regarding these issues, to help ensure that transfer of human food to animal use is done lawfully and the food transferred is safe for animal use.