Sunday Supplement: Proposed new FDA food structure leaves pet food out to dry


The proposed new US Food and Drug Administration (FDA) organization structure leaves the Center for Veterinary Medicine (CVM) sucking on a hind teat.

Never a major player in the FDA heirarchy, the CVM has been formally excluded from the Human Foods Program, with only a dotted line connecting it to the Office of the Deputy Commissioner.

Although the CVM will report directly to the Office of the Commissioner of Food and Drugs, its relatively small budget and political profile will leave this essential element of food safety and nutrition with little voice or influence at the table.

Why does this matter?

The CVM is responsible for oversight of animal feed, pet foods and veterinary medicines.

If animal feeds are not properly regulated and supervised, animal nutrition–and ultimately human nutrition–suffers.

If veterinary medicines are not properly regulated and supervised, the health of livestock and the safety of the human diet suffers.

If pet foods are not properly regulated and supervised, the health of companion animals suffers.

Pet health matters

Pets play an important role in the mental and physical health of their human companions.

Those of us who have lost a dog, cat, or other pet to illness, accidents, or simply old age, understand the grief that this loss entails.

In addition, if an animal develops a gastrointestinal illness such as salmonellosis as a result of contaminated pet food, this illness can be passed along to people in the same household.

This is not speculation.

Kibble, raw pet foods, and pet treats contaminated with Salmonella have caused several outbreaks of human illness large enough to attract the attention of the US Centers for Disease Control and Prevention (CDC).

Without a strong voice at the budget table, the CVM will not have the resources to oversee the pet food industry.

We have seen what has happened in the past when a pet food manufacturer has been allowed to operate on a “voluntary compliance” basis. More often than is healthy, the emphasis is on voluntary, and compliance falls by the wayside.

Can this be fixed?

I realize that the CVM has elements both of food and of pharmaceuticals in its regulatory portfolio.

Nevertheless, every component of the CVM’s mandate–animal feed, animal medications, pet food–indirectly supports the safety and nutriton of human or animal food.

I would propose that the scope of the proposed new directorate be expanded to include the CVM, and that the word “Human” be dropped from the title of the new Deputy Commissioner.

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Recalls and Alerts: September 27-28, 2022

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Here is today’s list of food safety recalls, product withdrawals, allergy alerts and miscellaneous compliance issues. The live links will take you directly to the official recall notices and company news releases that contain detailed information for each recall and alert.

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United States

OUTBREAK INVESTIGATION UPDATE: FDA releases weekly status update of in-progress foodborne disease investigations. The agency reports a new outbreak of 28 confirmed Salmonella Litchfield cases. The source of this outbreak has not yet been identified.

Allergy Alert: Momyer Distribution Inc recalls Dark Chocolate Almonds sold at Safeway/Albertsons (9.5oz plastic container; Best by on or before 10/15/2023; UPC 0 19061 19371 2) and Holly Hill Gourmet Snacks Dark Chocolate Almonds sold at Roths Fresh Market (9.5oz plastic container; Best by on or before 10/21/2023; UPC 0 08918 23018 2) due to undeclared milk.

Food Safety Recall: Valley Milk Simply Bottled (Modesto, CA) recalls Valley Milk Simply Bottled Raw Sheep Milk (half-gallon (64-oz) plastic jugs; Expiration dates SEP 28 2022 through OCT 01 2022) due to possible Campylobacter jejuni contamination. The recalled product was sold in California.

Pet Food Safety Recall: BREUER PREMIUM PET FOOD CO, INC recalls Spot & Tango Chicken and Brown Rice UnKibble Dog Food (28oz, 38oz, 47oz, 56oz; LOT CODE/ SKU number T-22220 U-C-004 T-22223 U-C-005 T-22220 U-C-006) due to Salmonella contamination. The recall was initiated on September 6, 2022 and reported in the FDA Enforcement Report dated September 28, 2022.


Allergy Alert: Boucherie comme chez vous (Drummondville, QC) recalls Pâté au saumon / Salmon pâté (Sold up to 26 September 2022) due to undecalred wheat (gluten), egg, soy and sulphites.

Food Safety Recall: Intermarché Palumbo (Laval, QC) recalls La Boucanerie Adar Maquereau fumé au poivre / Smoked mackerel with pepper (Variable weight; Sold up to 26 September 2022) because the product was not packaged in a way that ensures its safety.

Food Safety Recall: Oyster Kings Inc. recalls various brands of oysters due to Salmonella contamination. The recalled products were sold in Ontario and Quebec and may have been distributed in other provinces and territories.


Allergy Alert Update (Belgium): Tching de Luxe recalls Advocaat Classic, Advocaat Chocolat, Advocaat Fraise, Advocaat Pistache et Advocaatbox (370 ml and 4 x 100 ml; Sold from November 2021 to September 2022, inclusive) due to undeclared soy.

Allergy Alert (Belgium): Delhaize recalls Delhaize brand Plateau hamburger / Hamburger platter (All Use by dates from 18/09/2022 to 30/09/2022) due to undeclared gluten.

Allergy Alert (Germany): ARDO GmbH recalls REWE Beste Wahl, Blattspinat portioniert / Leaf spinach portions (500g; Lot #142174; Best before 06/2024) due to undeclared milk.

Allergy Alert (Luxembourg): Delhaize recalls Delhaize brand Plateau hamburger / Hamburger platter (All Use by dates from 18/09/2022 to 30/09/2022) due to undeclared gluten.

Allergy Alert (Sweden): Skåne Kebab Döner AB recalls nötfärskebab / ground beef kebab and färdiggrillad nötfärskebab / grilled ground beef kebab due to undeclared mustard.

Food Safety Recall (Belgium): Albert Heijn recalls Organic Crave protein chips cheese (30g; Best before 08/05/2023) due to possible Salmonella contamination.

Food Safety Recall (France): SALAISONS DE JASTRES recalls Ferdinand Chaudouard brand Saucisse Artisanale de l’Ardèche IGP / Dry sausage (300g; Lot 22331; Best before dates between 6/11/2022 and 20/11/2022) due to Listeria monocytogenes contamination.

Food Safety Recall (France): Industry recalls BELCANDO RIND MIT KARTOFFEL & ERBSEN / Beef with potato and peas (400g; Lot 22131; Best before 11/05/2026; Product of Germany) due to foreign matter contamination (piece of magnet).

Food Safety Recall (France): CARREFOUR recalls Carrefour Le Marché brand Queues de crevettes NATURES décortiquées sans sulfites ajoutés / Unseasoned, shelled shrimp tails without sulphites (250g; Lots 2222570002, 2222580002, 2222620116, 2222650003; Use by 26/09/2022, 27/09/2022, 01/10/2022, 04/10/2022, respectively) due to Vibrio vulnificus contamination.

Food Safety Recall (France): ASAF IBRAHIM  recalls SUNTAT brand HELVA VANILLE / Vanilla halvah (350g; Best before 30/11/2023) due to Salmonella contamination.

Food Safety Recall (France): SAUVYNA INTERMARCHE CHALLUY recalls ONNO brand TERRINE GRAND PERE (Lot PY01200235; Use by 06/10/2022) due to Salmonella contamination.

Food Safety Recall (Germany): Akar GmbH recalls SEKEROGLU TAHIN / Tahini (460g; Lot L13421TN; Best before 13.04.2023) due to Salmonella contamination.

Food Safety Recall (Sweden): Kalasmat i Luleå recalls portionsrätten Rostbiff med pastasallad / Roast beef with pasta salad (480g; Best before 22-09-29 and 22-09-30) due to Listeria monocytogenes contamination.

Australia and New Zealand

Allergy Alert (Australia): Manna Confection​ery Pty Ltd recalls three flavours of Happi Free From Oat M!lk Chocolate (80g) due to undeclared milk. Please refer to the recall notice for a complete list of affected products.

Food Safety Recall (Australia): Brownes Foods Operations Pty Ltd recalls Brownes Dairy Mango Yoghurt (120g; Use by 14 OCT 22) due to contamination with sanitizing solution.

Valley Proteins receives FDA Warning Letter one year after pentobarbital found

Valley Proteins, Inc., a renderer located in Winchester, Virginia, was issued a Warning Letter from the US Food and Drug Administration (FDA) on November 18, 2019, one year almost to the day after FDA found pentobarbital in a sample of the company’s “animal fat product.”

The Warning Letter cited several violations of the Federal Food, Drug and Cosmetic Act revealed during the course of FDA inspections carried out in February 2019 and April 2019.

The animal fat product was adulterated due to the presence of pentobarbital

According to the Warning Letter, FDA advised Valley Proteins on December 18, 2018 that the agency had found pentobarbital in a sample of the Company’s animal fat product.

Despite the requirements spelled out in the Company’s formal Recall Plan, Valley Proteins “…did not take immediate action to notify customers or recall the product…”

On four separate occasions in February and in April 2019, FDA inquired as to whether the Company planned to recall the contaminated product. Valley Proteins declined to initiate a recall and refused to supply FDA with requested information regarding the amount of potentially affected product that was distributed by the Company before it learned of the pentobarbital contamination.

In response to FDA’s finding, Valley Proteins asserted that pentobarbital is an “unavoidable contaminant not known to present a health hazard,” an assertion strongly refuted by FDA in its Warning Letter, which included the following statement:

Adulteration of animal food with pentobarbital is not unavoidable. It is your responsibility to prevent adulteration of animal food with unsafe new animal drugs by ensuring that you are not receiving ingredients from your suppliers that contain unsafe new animal drugs or by developing methods to ensure that materials you receive containing unsafe new animal drugs are segregated and not used for animal food.”

The animal fat product was adulterated due to Animal Food Hazard Analysis and Risk-Based Preventive Controls (PC) violations

Specifically, Valley Proteins did not “…identify and evaluate hazards that may be specific to the source of [the] raw material, which included carcasses of animals euthanized with pentobarbital” in that the Company’s Hazard Analysis “…did not list Pentobarbital as a known and reasonably foreseeable hazard.” 

Valley Proteins began cleaning operations and started testing for pentobarbital in January 2019. However, it did not provide FDA with any indications as to how it planned to account for adulterated product that was distributed prior to starting its cleaning and testing program.

In fact, the Company continues to assert that it has no legal requirement to recall any products due to pentobarbital contamination.

In an update to its Hazard Analysis documentation, the Company states that it will no longer accept or process “dead stock” (i.e., euthanized animals). However, in a letter to its customers, the Company indicates that it “…will accept euthanized animals for collection and disposal, but chemically euthanized animals will not be rendered.”

FDA has requested, but has not yet received, information as to how Valley Proteins proposes to collect and dispose of euthanized animals.

Microbial hazards

FDA also highlighted concerns regarding the Company’s process control to prevent microbial hazards.

1. Bills of Lading for some products should have – but did not – including the statement, “not processed to control microbial hazards.”
2. The Company’s process controls lacked adequate parameters for controlling some microbial hazards, including Salmonella, E. coli and Listeria monocytogenes.
3. The process control parameters provided to FDA by the Company did not match the parameters as determined in the scientific study presented to validate those process controls.

Where did the adulterated animal fat go?

According to a spokesperson for FDA, the Company claims that none of the adulterated animal fat was distributed to pet food manufacturers. However, the firm did not provide any documentation to support its assertion.

The Warning Letter describes the adulterated sample as having been taken from a finished fat tank “…used to store animal fat distributed for use in animal food.” This could refer to food for livestock, including poultry, cattle, etc.

FDA is at risk of becoming a paper tiger

Setting aside the specific violations cited in this Warning Letter, Valley Proteins is just the latest in a string of companies that has refused an FDA request for a product recall, for documentation, or for some other aspect of cooperation in an investigation.

In recent months, we have seen at least two other instances of non-cooperation, even in the face of a direct risk to the health of consumers or their companion animals.

Lystn, LLC (Answers Pet Food) initiated a lawsuit against FDA, the US Department of Health and Human Services, and the Colorado Department of Agriculture, among others, rather than agree to a recall of its contaminated raw pet food products.
FDA was forced to take the extreme step of suspending facility registration of Topway Enterprises Inc. (a Texas-based seafood producer), citing “…an unwillingness and disregard by the company to cease operations and correct severe violations at their facility.”

These two examples are only the tip of the iceberg. It is not uncommon for company officials to decline FDA inspectors access to consumer complaint records, product formulations, and other information that inspectors often need to conduct their oversight. It is not unknown for a company to deny an inspector permission to document observations by photography, and later dispute the accuracy of the inspector’s written observations.

FDA’s remedies in the face of non-cooperation are limited. In theory, FDA is empowered under existing law to demand full access to these records. In practice, however, there is little an FDA inspector can do to enforce the agency’s authority other than by suspending the inspection and applying for a court order.

Similarly, FDA’s mandatory recall authority is a clumsy and slow instrument of last resort. The mandatory notification and appeal process would render moot an eventual mandatory recall of a perishable product. FDA’s best tool is to issue a Public Health Alert, warning consumers of the hazard posed by the offending firm’s products.

It’s time for a more assertive FDA stance

A driver caught for speeding is obliged by law to produce relevant documentation (driver license, vehicle registration and proof or insurance) upon request. Declining such a request lands the driver in even hotter water than before. Nor can the driver fight the charge by claiming that a speed limit is arbitrary and thus may be ignored.

Perhaps it’s time for FDA to arm its inspectors with the appropriate warrant or court order at the start of an inspection, especially in the case of a company with a history of prior non-cooperation.

Perhaps it’s time for an amendment to the Food Safety Modernization Act. One that will grant FDA the authority to suspend a company’s operations in the event of non-cooperation with a lawful inspection.