2025 Regulatory Update Part 1: What We Are Watching In The Pet Food Sector

Overview

Regarding the regulation of pet food, we have been monitoring the following:

• Activities of the Association of American Feed Control Officials (AAFCO), including its collaboration with the Food and Drug Administration (“FDA”) as well as the expiration of the AAFCO/FDA Memorandum of Understanding and Pet Food Label Modernization new model regulations for pet food labels; and other discussions and developments;
• H.R. 597 or the Pet Food Uniform Regulatory Reform Act of 2025 (PURR Act): federal legislation introduced in January 2025 that aims to streamline how pet food is regulated by replacing the current state-by-state approach with federal regulatory authority under the FDA;
• The United States Department of Agriculture (USDA) Agricultural Marketing Service’s (AMS) Proposal to Rescind Its 2024 Rule on Organic Pet Food Standards;
• Steps taken by the United States Department of Health and Human Services (HHS) and Food & Drug Association (FDA) to eliminate synthetic food dyes;
• New FDA Requirement that Dog and Cat Food Manufacturers Consider H5N1 in Food Safety Plans
• State laws and proposed legislation

Sample of Part 1

October 24, 2024 Expiration of the AAFCO/FDA Memorandum of Understanding

On August 2, 2024 the FDA announced that on October 24 its longstanding Memorandum of Understanding (MOU) with AAFCO would expire and not be renewed. In place for 17 years, the MOU had governed the collaboration between FDA and AAFCO in the animal feed ingredient definition review and publication process.

In a letter to stakeholders dated August 2, the FDA stated that its relationship with AAFCO was “evolving” rather than “ending,” and that it would continue to work closely with AAFCO and state authorities “to help ensure the safety of the animal food supply.” According to the FDA, expiration of the MOU would present “an opportunity for FDA to begin a thorough evaluation of its pre-market animal food review programs,” in the interest of serving public health.

FDA Final Guidance for AFFCO-Defined Animal Feed Ingredients

On October 23, 2024 the FDA issued its final guidance regarding AAFCOdefined animal food ingredients, allowing animal feed and pet food manufacturers to continue using ingredients published in AAFCO’s 2024 Official Publication (OP) for products sold in interstate commerce.