FDA Takes Canned Pet Food Processor Off-Line

By Ricardo Carvajal –

In an increasingly common exercise of the agency’s authority under FDC Act § 404, FDA announced that is has it has suspended the temporary Emergency Permit issued to Evanger's Dog & Cat Food Co., Inc. in April 2008.  Under § 404 and its implementing regulations at 21 CFR Parts 108 and 113, FDA has authority to issue an Order of Need for Emergency Permit to a processor of thermally processed low-acid canned food ("LACF") that fails to meet statutory and regulatory requirements applicable to the processing of that food.  A subsequent failure to comply with the terms of the emergency permit can result in a suspension of that permit, effectively shutting down the processing operations that fall within the scope of the permit.

FDA cranked up its § 404 enforcement machinery in 2007 when human consumers came down with botulism attributed to under-processed chili.  Subsequent inspections uncovered potentially under-processed green beans.  This latest action suggests that FDA is serious about bringing both pet and human LACF processors to heel.