"My pets rely on my due diligence." Good point, Kaffe. I'm not sure I understand
why companies are so reluctant to let consumers have knowledge of safety testing
and quality assurance programs and their results. Our furkids are certainly relying
on the results.
I also didn't know that the FDA could demand recalls per Joel's remarks. I thought
that was something up for consideration, but not among their powers at this time.
I would like to see the link saying
the FDA TODAY has the right to recall pet food ... they were given Broader recall on Human food stuff s ...http://petsitusa.com/blog/?p=1125"
This is a boiler plate response by the FDA in any situation when it refers to canning. If the FDA had believed that there was even the slightest possibility of product contamination they would have demanded a recall. You will note that there is no mention of that in there release.The CRC has no input as to processing. They only inspect the ingredients. As I indicated prviously, the FDA s release is innacurate and misleading. It is unfortunate that whoever is in charge of posting these releases does not take the time to report accuratley the facts. The way the FDA reported this event is a big thing, the observation that FDA made and questioned concerning recordkeeping is not that big of a thing".
http://www.fda.gov/ora/compliance_ref/rpm/chapter7/ch7-5.html#SUB7-5-37-5-3 - FDA Ordered Recalls
Various sections of the law authorize FDA to order a firm to recall a product. Each is discussed separately below. If the recall is FDA ordered, the agency will issue a written order to the firm to recall.
Mandatory Device RecallsUnder Section 518(e) of the Act, if the agency finds that there is a reasonable probability that a device intended for human use would cause serious adverse health consequences or death, FDA has the authority to order the manufacturer, importer, distributor, retailer, or any appropriate person to immediately cease distribution of the device, to immediately notify health professionals and device user facilities of FDA's order, and to instruct such professionals and facilities to cease use of the device.
Mandatory Recall of Biological ProductsThe National Childhood Vaccine Injury Act of 1986 amended the Public Health Service Act (PHS Act) to provide recall authority for biological products (42 U.S.C. 262). If a determination is made that a batch, lot, or other quantity of a product licensed under the PHS Act presents an imminent or substantial hazard to the public health, the Secretary has the authority to issue an order for its immediate recall.
Mandatory Recall of Human Tissue Intended for TransplantationOn November 21, 2004, FDA issued regulations requiring human cell, tissue, and cellular and tissue-based product (HCT/P) establishments to follow current good tissue practice (CGTP), which governs the methods used in, and the facilities and controls used for, the manufacture of HCT/Ps; record keeping; and the establishment of a quality program (GTP final rule 69 FR 68612). FDA promulgated the new regulations under the legal authority of section 361 of the Public Health Service Act (PHS Act) (42 U.S.C. 264). The regulations at 21 CFR 1271.440 include a provision for orders of retention, recall, and/or destruction, and a new provision for orders of cessation of manufacturing in certain circumstances.
Infant FormulaThe Infant Formula Act of 1980 and its 1986 amendments mandate that an infant formula manufacturer promptly notify the Secretary if the manufacturer has knowledge that reasonably supports the conclusion that an infant formula shipment may not provide the required nutrients or may be otherwise adulterated or misbranded.
Interstate Milk ShipmentsThe FDA does not ordinarily classify or audit interstate milk shippers (IMS) product recalls where such actions have been, or are being, handled expeditiously and appropriately by the state(s). The FDA district office in which the recalling firm is located must be ensured that all states involved in an IMS plant's recall are participating in ensuring removal of the product from commerce and that, when appropriate, states issue warnings to protect the public health. In the event that FDA determines that the states are unable to effect the recall actions necessary, the agency will classify, publish, and audit the recall, including issuance of a public warning when indicated.
http://www.cfsan.fda.gov/~lrd/recall2.htmlThe recall of a defective or possibly harmful consumer product often is highly publicized in newspapers and on news broadcasts. This is especially true when a recall involves foods, drugs, cosmetics, medical devices, and other products regulated by FDA. Despite this publicity, FDA's role in recall activities is often misunderstood not only by consumers, but also by the news media, and occasionally even by the regulated industry. The following headlines, which appeared in two major daily newspapers, are good examples of that misunderstanding: "FDA Orders Peanut Butter Recall," and "FDA Orders 6,500 Cases of Red-Dyed Mints Recalled."
The headlines are wrong in indicating that the Agency can "order" these recalls. The Federal Food, Drug, and Cosmetic Act, (the law) does not generally authorize FDA to "order" a manufacturer to recall a food, cosmetic or supplement. The agency may request a product recall if the firm is not willing to remove dangerous products from the market without FDA's written request.
Only when a medical device, human tissue products, and infant formula pose a risk to human health; that the law specifically authorizes FDA to prescribe a recall and to rule on the scope and extent of the same*.The only food product FDA has "absolute" recall authority over is baby formula--they can get involved in the recall of contaminated milk only when states' health authorities are unable or unwilling to do it. This is what's been in the news for quite a while--FDA asking for broader recall powers from Congress and also the money needed to enforce them. As it stands this minute, they have no broader recall powers than the above.
The agency is able to issue Import Alerts and detain high-risk shipments of food products until their importers can prove through independent testing that their shipments are safe, but they are not able to either ban or do any food recalls other than for contaminated baby formula on their own--they have not been given any legal power to do more than that.
