Background: The Food and Drug Administration Amendments Act of 2007 (FDAAA) requires FDA to define "ingredient standards and definitions with respect to pet food." The pet food language was incorporated into FDAAA in the wake of the imported Chinese melamine situation.  In response, FDA's Center for Veterinary Medicine subsequently announced it would develop such ingredient "standards" for all animal foods, given that livestock/poultry feeds and pet foods are regulated in the same manner.  The word "standard" within FDAAA was intended to be synonymous with "definition;" however, the absence of the word "standard" in relevant sections of the Federal Food, Drug and Cosmetic Act is causing confusion within FDA.  If this confusion is not addressed in an appropriate manner, it could result in the elimination of the long-standing Association of American Feed Control Officials (AAFCO) ingredient definition process collaboratively administered by FDA and AAFCO through which most ingredients for pet food and animal feed are defined and gain approval for use.

The NGFA, American Feed Industry Association (AFIA) and Pet Food Institute (PFI) have been urging FDA to accept apparent congressional intent in equating the term "standard" with "definition." We have strongly urged FDA to apply its executive authority to this situation and accept these two words as being synonymous.  In our view, doing so would represent a common-sense, fiscally responsible and efficient solution to this issue, and immediately remove the threat to the existing FDA/AAFCO ingredient definition process.  However, FDA has not taken executive action to resolve this issue.

As a result, the NGFA, AFIA and PFI have worked with members of Congress to reaffirm its intent of the FDAAA language and to instruct FDA to internally resolve this situation while preserving the existing FDA/AAFCO ingredient definition process.  In response, Rep. Andy Barr (R- Ky.) and Rep. Robert Latta (R- Ohio) currently are circulating a letter (attached) among their colleagues in the U.S. House of Representatives that requests FDA  to "... focus on an administrative solution to the FDAAA language issue while preserving the FDA/AAFCO cooperative relationship and official recognition of OP [AAFCO Official Publication ingredient] listings."

Your Action Requested: The NGFA, AFIA, and PFI request that members contact their Representative within Congress to encourage them to sign this letter. Please consider distributing this request to your individual members.  A sample email and points to make if calling a Representative also is attached.  U.S. House of Representatives' contact information is available here by entering a zip code. The deadline for Representatives to sign the letter is July 26, so immediate action is requested.

• Background Letter
   
• Sample Email-Calls on FDAAA

by: Dennis Albiani, Legislative Advocate  ~ July 2013  

California is experiencing a much better 2013 than the previous 4 years.  Tax revenues are considerably higher than in years past and higher than predicted by the Governor and the Legislative Analyst's office.  The revenue is higher for two reasons: An overall improving economy and the passage of the Governor's tax increase last November, Proposition 30.

The final budget agreement uses the Governors more conservative projections on general fund revenue at $97 billion.  The Legislative Analyst had argued that the Governor underestimated revenues by $3.2 billion.  There was some movement to the Governors "local weighted" formula for education financing.  The UC and CSU had approximately $500 million restored to their budgets.  CDFA budget remained relatively static and attempts by urban legislators to tax fertilizers and further regulate pesticide applications were thwarted for the time being. 

We are now in summer recess for the legislative session.  The Assembly will return August 5th and the Senate returns August 12th.  Some of the major news from the house of origin deadline was that all the threatening tax bills including "split roll" property tax, redefining "change of ownership" for tax assessments, taxes on soda, cigarettes and other products were all held on the suspense committee and did not pass the house of origin.  Several bills further ratcheting environmental reforms also failed to pass.  It was reported that 31 of the 37 bills identified by the California Chamber of Commerce failed.  However, several labor bills (discussed below) are moving forward.

CGFA Sponsored Legislation

AB 1132 (Eggman) Feed Inspection Program Reauthorization - Extend the sunset on the Feed Inspection Program and provide federal coordination on FSMA implementation including the SAFE program and HACCP equivalent practices.

AB 1319 (Eggman) Animal Diseases and Secretary Strategic Growth Initiative - This bill was initially introduced as an animal welfare placeholder to address any issues with AW that may arise.  Since there were not any bills or legal actions that arouse that needed legislative attention, the Secretary of CDFA asked if the bill could be used to add her to the "Strategic Growth Council" as well as address a clean-up provision updating the indemnification provisions for cattle that are seized under brucellosis outbreaks.  

• Full Legislative Report...

House Farm Bill on Way to Senate; Process, Nutrition Cloud Outlook

House ag panel Chair Frank Lucas (R, OK) said this week he's been appointed to a House Task Force dealing with the future of nutrition program reauthorization -- including federal food stamps -- because the House stripped that title from the Farm Bill approved last week.   That group of about 20 met this week.  At the same time, leadership is debating whether to send its Farm Bill to conference before the House deals with a stand-alone nutrition bill.   Lucas says it is "problematic" to try and conference a Farm bill without some clear direction or a formal House position.

Lucas says any action taken by the House will be problematic given how far the original House Farm Bill language on food stamp reform was from the Senate version.  The House claimed over $20 billion in food stamp reform by curtailing fraud, waste and abuse; the Senate bill claims about $4 billion in savings over the same 10-year period.  Lucas pointed out several major areas in which the House reworked the Supplemental Nutrition Assistance Program (SNAP), but challenged his colleagues: "If you want more cuts, what do you want to cut?"

Ultimately, either the House or Senate must relent.  The Senate bill contains a nutrition title meaning either it surrenders that section of the bill to match the House bill, or the House accepts the Senate language, with or without negotiated changes.  

There's no likelihood of a House immigration reform "package" soon, said staff close to the issue this week, as the bipartisan "gang" of House members trying to forge a consensus yet again failed to meet a deadline to "unveil" its bipartisan reform package.

However, House leadership have made it clear they're willing to act on a path to citizenship for the children of illegal immigrants, whether brought to the U.S. with their parents or born here.  This willingness to deal with the "Dream" children issue is also seen as a change in a GOP hardline opposition to a path to citizenship for the 11 million illegal workers in the U.S.

The draft comprehensive package is said to be about 500 pages long, but is in desperate need of "fine tuning," said one source.  Sticking points include illegal immigrants' liability for back taxes; enhanced border security, and big penalties for employers who knowingly hire illegal workers.

Meanwhile, the House Judiciary Committee, chaired by Rep. Bob Goodlatte (R, VA), continues to move individual bills mirroring sections of the Senate-passed comprehensive legislation, and met with House Majority Leader Eric Cantor (R, VA) to talk about the fate of Cantor's KIDS Act dealing with accelerated citizenship for the children of illegal and undocumented workers. 

The KIDS Act, as well a separate bill dealing with visa reforms for low-skilled non-ag workers are expected to be taken up by the judiciary panel soon. They are the sixth and seventh bills to move through committee; no bills are set for floor action yet.

Meanwhile, the House Energy & Commerce Committee this week held a hearing on the impact of the ethanol RFS on livestock and poultry producers due to run-ups in the cost of feed based on competition for corn.  Rep. Bob Goodlatte (R, VA), who's introduced legislation to repeal the RFS, said the issue boils down to "the federal government puts a big thumb on one side of the scale between the use of corn for food and the use of corn for fuel."

EPA is expected to publish soon its proposed rule on barley-based ethanol qualifying as a renewable fuel, seeking public comment on EPA's findings.  These findings include at least a 20% reduction in greenhouse gas emissions; to qualify as an advanced biofuel, that reduction must hit 50%, the agency said.  Cellulosic ethanol, for instance, hits a 60% reduction.   

The House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law approved, in separate voice votes, a bill (HR 2641) to streamline federal agency preparation of environmental assessments of construction permits and a measure (HR 2122) to update federal rulemaking requirements to direct agencies to choose the least-costly options. (Source: CQ.com)