- Docket Number:
- Issued by:
Guidance Issuing OfficeCenter for Veterinary MedicineOffice of Regulatory Affairs
Recycled animal waste is a processed feed product for livestock derived from livestock manure or a mixture of manure and litter. Animal wastes contain significant percentages of protein, fiber, and essential minerals and have been deliberately incorporated into animal diets for their nutrient properties for over 30 years.
The recycling of animal waste as a feed ingredient is primarily a local practice. The bulk and weight of the product are such that transportation costs for significant interstate shipment is generally uneconomic. Thus, the use of such material is largely an intrastate matter. Many state feed control agencies have taken the initiative in establishing standards regarding the use of processed animal waste as a feed ingredient. Because of the local character of animal waste usage as a feed ingredient and because the states have the capacity to effectively regulate its use, the agency has revoked its previous policy statement (21 CFR 500.40 Use of Poultry Litter as Animal Feed).
The revocation of the policy statement represents a lessening of Federal regulatory control in favor of state control. However, this does not constitute an endorsement of the use of recycled animal waste, nor has the agency made any regulatory classification of this article (e.g., GRAS or food additive). This action will not preclude FDA regulatory action on an ad hoc basis against a particular shipment that clearly represents a health hazard if the state(s) involved is unable to take the necessary action.
The FDA will not take an active surveillance role in the regulation of processed animal waste as an animal feed ingredient. This role will be left to the states. If, however, the interstate shipment of waste which presents a health hazard is brought to FDA's attention, and the state(s) involved cannot take appropriate regulatory action, such action will be considered. However, the waste must be shown by analysis to contain levels of residues of drugs, industrial chemicals, pesticides, pathogenic microorganisms or other contaminants which are considered harmful to the animal or may result in illegal residues in edible animal products. <> District offices should cooperate with the states if suspected or known adulteration occurs for which the states request assistance or which they cannot handle.
As these products will be regulated primarily by the states, we would expect, to ensure uniformity of nomenclature, that they will conform to the definitions promulgated by the Association of American Feed Control Officials, as published in their "Official Publication" and as described in their "Model Regulations for Processed Animal Waste Products as Animal Feed Ingredients." While not officially recognized by FDA, Compliance Policy Guide 7126.08 regards the AAFCO definitions as generally constituting the common or usual names for animal feed ingredients. As provided in this
Guide, *CVM* must concur in the suitability of AAFCO nomenclature whenever action is contemplated.
*Material between asterisks is new or revised*
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All written comments should be identified with this document's docket number: FDA-2021-D-0640.