From: Post, Robert [Robert.Post@fsis.usda.gov]
Sent: Thursday, March 13, 2003 6:39 AM
To: 'fdadockets@oc.fda.gov'
Cc: Budak, Catherine; Wheeler, Mark
Subject: FW: 02D-0468 - Manufacture and Labeling of Raw Meat Foods for
Com panion and Captive Noncompanion Carnivores and Omnivores 




> TEXT BELOW is for an Electronic Comment to fdadockets@oc.fda.gov 
> 
> 
> Docket No. 02D-0468
> 
> Draft Guidance for Industry on Manufacture and Labeling of Raw Meat Foods
> for Companion and Captive Noncompanion Carnivores and Omnivores
> 
> Comments from the United States Department of Agriculture's Food Safety
> and Inspection Service:
> 
> Page 10, iii
> The current sentence "Claims that the product is equivalent to food for
> human consumption must not be false or misleading" is too broad in nature
> and can be misconstrued to imply that some foods, if not all foods,
> manufactured for carnivore and omnivore consumption are acceptable for use
> as human food.  The manufacture of food not for human consumption in a
> federally inspected meat or poultry plant is acceptable within the limits
> designated in Title 9 Code of Federal Regulations (CFR) 318.12 and
> 381.152, which are the United States Department of Agriculture's (USDA)
> Food Safety and Inspection Service (FSIS) regulations.  However, the
> labeling of the resulting uninspected food containing meat/poultry or
> meat/poultry byproducts has to be clearly marked as animal food and can
> not be represented as being a human food.  In addition, the USDA FSIS
> regulations 9 CFR Part 355 for the production of certified products for
> dogs, cats and other carnivora indicate that the products be clearly
> marked as food for animals.  The labeling regulations for certified
> products for dogs, cats and other carnivora are minimal in nature and do
> not address claims.  Nevertheless, the Food Safety Inspection Service
> would regard claims that the product is equivalent to human food on the
> labeling of certified products for consumption by carnivorous animals as
> false and misleading.  Food that is not for human consumption is regarded
> as inedible according to this agency.  Therefore, the current sentence is
> contradicting the intent of the USDA FSIS regulations governing the
> production of foods for carnivore and omnivore consumption in federally
> inspected meat or poultry plants. 
> 
> The sentence should be modified to indicate that claims regarding an
> ingredient or implying an ingredient is equivalent to food for human
> consumption must not be false or misleading.  Additionally, this agency
> believes that such claims should also bear a declaration that clearly
> points out that the end product is not for human consumption.  There is a
> potential for such claims to have a two-fold meaning.  The overall meaning
> would indicate a source of the ingredients but could also imply that the
> condition of the food is fit for human consumption, which is misleading.
> Food for animal consumption is not fit for human consumption according to
> the USDA FSIS regulations.   
> 
> Sincerely, 
> 
> Robert C. Post, Ph.D.
> Director, Labeling and Consumer Protection Staff
> Food Safety and Inspection Service, USDA
> 1400 Independence Ave, SW  Suite 602, Annex
> Washington, DC  20250
> Ph:  202-205-0279
> Fax:  202-205-3625
> Email:  Robert.Post@fsis.usda.gov
> 
> Labeling and Additives Policy Website:  <www.usda.fsis.gov/oppde/larc>
> 
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