Navigating Washington for the Animal Food Industry

Written by: Leah Wilkinson   |   February 13, 2024

legislative, regulatory, Capitol Hill, Innovative FEED Act, formaldehyde

In the U.S. political landscape, the impending arrival of 2024 carries immense significance for legislative bodies at every level. As a pivotal year divisible by four, it heralds the onset of a multitude of electoral processes. Chief among these is the presidential election, an event that invariably captures the attention of the nation and sets the course for its future trajectory. Beyond the presidency, the electoral stage is set for the renewal of the House of Representatives, with all 435 seats up for grabs. Simultaneously, the Senate will see 33 regular seats, alongside an additional special election, collectively shaping the balance of power and influencing the legislative agenda for years to come. Additionally, there are gubernatorial races in 11 states that add another layer of complexity to the electoral landscape, as voters weigh competing visions for state governance and leadership.  

The team here at the American Feed Industry Association is hard at work monitoring all the activities in Washington, D.C., that will impact the animal food industry. Here is a sneak peek at some of the items we are watching and working on for our members. 

Activities in Congress  

On Jan. 19, Congress sent the latest continuing resolution to the president’s desk to avert a partial government shutdown. The funding agreement extended the fiscal 2024 appropriations process until March, providing funding at the level of the previous fiscal year to the Food and Drug Administration and U.S. Department of Agriculture until March 1, and other agencies, including the Labor Department, until March 8. The pushed deadline further restricts the time available for lawmakers to make progress with a farm bill this year, particularly given the upcoming election cycle and planned congressional recesses. All eyes are looking forward, searching for the common ground and agreements that can be achieved in this election year.    

FDA Label Claims and the Innovative FEED Act  

The FDA’s Center for Veterinary Medicine (CVM) recently announced it will withdraw its Program Policy and Procedures Manual Guide 1240.3605. This announcement will move the federal government’s regulation of animal food ingredients with certain benefits for U.S. farmers and ranchers into the 21st century.  

In a statement to the industry, the CVM shared that the 1998 policy will be withdrawn to facilitate and encourage the development of safe, novel animal and veterinary products for unmet human and animal needs. The AFIA welcomed the news, as this change in thinking stems from AFIA’s request in 2020 and stakeholder feedback CVM received at its 2022 listening session. Moving forward, animal food ingredient manufacturers wishing to bring to market animal food substances with substantiated claims on animal production, well-being, food safety and environmental benefits should consult the agency to ensure that products are appropriately reviewed through the correct pathway. 

While also acknowledging the action is only part of the solution, the CVM also said it will continue working with Congress on legislation, the Innovative Feed Enhancement and Economic Development (Innovative FEED) Act, which would codify the regulatory pathway of animal food ingredients impacting the microbiome of animals, food safety or the affecting byproducts of the digestive process. The AFIA is joined by almost 190 national and state associations and companies in supporting this bill.  

While 2023 was about refining the language, getting the bills introduced and gathering support, in 2024, the AFIA will be looking to move this bill forward. After months of discussion on Capitol Hill we were pleased to finish the year with the Innovative FEED Act introduced in both the House of Representatives and Senate. Last summer, the Senate version (S. 1842) was attached to another bill, where the committee passed it unanimously, but ultimately, it did not get included in the continuing resolution back in September. This past December, the House of Representatives introduced its version of the Innovative FEED Act (HR. 6687) and support is growing for the measure.  

You can read more about the Innovative FEED Act in AFIA’s recent blog. I also encourage you to join us in supporting the legislation by signing our letter through this form. You can also contact your members of Congress and encourage them to cosponsor the legislation.  

EPA Activities  

One notable issue the animal food industry should be aware of is the Environmental Protection Agency’s (EPA) ongoing risk assessment of the industrial uses of formaldehyde, as it is considered a human carcinogen. Our industry has concerns about the EPA’s direction, given formaldehyde plays a significant role when used in animal food manufacturing as a safe tool for controlling salmonella in food and could be an effective tool against African swine fever (ASF).  

We continue to urge the EPA to “follow the science” to keep this important tool available for the agriculture industry. We are currently supporting the Sound Science for Farmers Act, recently introduced by Senators Tedd Budd, R-N.C., and Joseph Manchin, D-W.Va., which creates accountability and scientific quality standards for EPA assessments, risk evaluations and regulatory actions for existing chemicals that impact America’s farmers and producers.  

This is just a sampling of the items we are working on this year in addition to the normal feed safety, inspection compliance, business climate and trade policy issues. I encourage you to follow along at home and be active when we need your voice and support in Washington, D.C. Years divisible by four usually prove to be very interesting!