USDA Proposes Specific Standards for Organic Pet Food Products

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.

Background

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.

Proposed Amendments Regarding Organic Pet Food

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:

• Scope. The proposal defines “pet” as “domestic animal not used for the production and sale of food, fiber, or other agricultural-based consumer products,” and “pet food” as “any commercial feed prepared and distributed for pet consumption.”
• Organic slaughter by-products. By defining “pet food” as a distinct category from livestock feed and amending pre-existing regulations on handling and labeling, the amendments clarify that organic pet food, unlike livestock feed, may contain slaughter by-products.
• Vitamins and minerals necessary for pet nutrition including synthetic taurine. The proposed amendments would explicitly permit the use in organic pet food of the synthetic vitamin and mineral feed additives listed at 7 C.F.R. §§ 205.603(d)(2)-(3). The rule would also add synthetic taurine to the National List as an allowed nonorganic substance for use in pet food labeled as “organic” or “made with organic (ingredients).”
• Organic labeling requirements. The proposed rule would add to the organic handling requirements for processed foods at 7 C.F.R. § 205.270 a new paragraph which would apply the labeling requirements at Subpart D of the organic regulations to pet food. This would clarify that pet food labeled as “organic” must contain at least 95% organic ingredients, while that labeled as “made with organic (ingredients)” must contain at least 70% organic ingredients. The nonorganic ingredient(s) must also meet the criteria in the organic regulations.

Comment Period

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.