CHAMPAIGN, ILLINOIS, US — The Association of American Feed Control Officials (AAFCO) on Aug. 2 announced that its Memorandum of Understanding (MOU) with the US Food and Drug Administration (FDA) will not be renewed when it expires on Oct. 1. The MOU, which outlines the two organizations’ responsibilities for defining animal feed ingredients, has been in place for 17 years.

“AAFCO believes that its ingredient definition process has been a shining example of successful collaboration and partnership between states and the federal government,” said Austin Therrell, executive director of AAFCO. “Although we are disappointed that the MOU is not being renewed, we are committed to being a conduit between the FDA and state regulatory programs, and to our work to provide standardization to the animal food industry.”

The FDA said it will continue to accept AAFCO Feed Ingredient Definition requests until the MOU expires. AAFCO investigators require roughly 30 days to prepare ingredient definition requests for the FDA, so AAFCO will stop accepting requests on Sept. 1 to submit all definition requests prior to Oct. 1.

AAFCO and the FDA said they are independently working on plans that will provide a seamless transition and continue to support the US animal food industry. The FDA also is evaluating its animal food ingredient review authorities and processes to determine if changes are needed to better serve public health and ensure that new ingredients have a predictable path to market.

“This decision opens the doors for AAFCO to look at new and innovative solutions in the ingredient space, and to seek out additional partners that can provide strong, science-based guidance to our state officials,” Therrell said.

The American Feed Industry Association (AFIA) expressed its disappointment over the announcement, saying “the AFIA believes this relationship has been vital for building and maintaining confidence across the food chain that US animal food products are safe — the ultimate goal of the industry’s customers at home and abroad.”

“AFIA’s members are disheartened that the FDA will end its partnership with AAFCO, which for decades has ensured the regulatory review of animal food products is efficient, predictable and functional,” said Constance Cullman, president and chief executive officer of the AFIA. “In the United States, it takes an average three to five years and $600,000 per ingredient before animal food innovators gain the approvals they need to sell and use their products in diets for domestic livestock and pets. Our members are concerned that uncertainty in the regulatory review processes brought about by today’s announcements will only increase those figures, making the US animal ingredient marketplace an unattractive place to do business.

“The AFIA will continue working with the FDA and AAFCO on next steps to ensure any proposed changes to the current review processes bring about clear requirements for members and some sense that new ingredients will be reviewed in a timely and consistent manner across state and federal jurisdictions.”

Since the AFIA began in 1909, states have been developing their own feed laws. AAFCO was formed to harmonize and unify feed legislation and regulations between the states and work with federal officials who regulate feed shipped in interstate commerce.

The AFIA has publicly supported its position that should one of the three regulatory pathways be stopped, as was the case in 2010 when the two agencies briefly ended the mutual agreement, it puts undue pressure on the other pathways to fill the void. The AFIA said it plans to work with the FDA and AAFCO to avoid such unintended consequences, as additional costs and time spent caught in the regulatory process disincentivizes animal food ingredient innovators from doing business in the US market.