I scrolled thru the link you provided and only found reference that they were trying to contact the manufacturer (Evanger's) in one of the posts so sounds like this food is still made by Evanger's.

Thx MC. I didn't go thru the whole thread just where the link led me to so people feeding By Nature should not be stressed out.

If enough people rattle govts cage change can come we have seen a step in the right direction in Australia. If we can get action you can too but as Carol said you all need to write to your state legislators and keep following it up.  Jo

One of the affected cats owners has led the charge - she has been amazing. And we have had support from our vets and now the RSPCA is on side as well. Makes all the difference when others start standing up and saying this is not OK and it needs to be changed. I hope you guys can make people listen too it is not OK that this happens over and over again.

Jo

Cross-Posting:

http://itchmoforums.com/your-problems-with-pet-food/another-problem-with-evangers-t8264.0.html;msg126135#msg126135


http://www.fda.gov/AnimalVeterinary/NewsEvents/CVMUpdates/ucm166265.htm

FDA Suspends Temporary Emergency Permit of Pet Food Maker
June 12, 2009

The U.S. Food and Drug Administration announced today it was suspending the temporary Emergency Permit issued to Evanger's Dog & Cat Food Co., Inc.

Evanger's, operating in Wheeling, Illinois, deviated from the prescribed process, equipment, product shipment, and recordkeeping requirements in the production of the company's thermally processed low acid canned food (LACF) products.  The deviations in their processes and documentation could result in under-processed pet foods, which can allow the survival and growth of Clostridium botulinum (C. botulinum), a bacterium that causes botulism in some animals as well as in humans.

In April 2008, Evanger’s was issued an “Order of Need for Emergency Permit” after the agency determined that the company had failed to meet the regulatory requirements to process a product that does not present a health risk.   In June, 2008, FDA issued Evanger’s a temporary Emergency Permit.  During inspections conducted between March 2009 and April 2009, FDA determined Evanger’s was not operating in compliance with the mandatory requirements and conditions of the Temporary Emergency Permit.

“The FDA is stopping Evanger's ability to ship pet food in interstate commerce,” said Dr. Bernadette Dunham. “Today’s enforcement action sends a strong message to manufacturers of pet food that we will take whatever action necessary to keep unsafe products from reaching consumers.”

In order for Evanger's to resume shipping in interstate commerce, the company must document that corrective actions and processing procedures have been implemented to ensure that the finished product will not present a health hazard.

Botulism is a powerful toxin that affects the nervous system and can be fatal. The disease has been documented in dogs and cats. Signs of botulism in animals are progressive muscle paralysis, disturbed vision, difficulty in chewing and swallowing, and progressive weakness to the body. Death is usually due to paralysis of the heart or the muscles used in breathing.

While FDA’s Center for Food Safety and Applied Nutrition is responsible for regulating all human and animal LACF processing, FDA's Center for Veterinary Medicine has authority over animal feed and foods.  The two centers are collaborating on this enforcement action.

There is no proof re: this is actually what the FDA report says--you haven't provided any.  These are words which could have come from any source. We have no attachments posted here.



This thread is filled with posts like this from 2008:

http://itchmoforums.com/news-recall-related/fda-suspends-temporary-emergency-permit-of-pet-food-maker-t4594.0.html

Since FDA's revamp is still not complete, many of the new links for the low-acid canning inspection information is offline, but we can work with this Google cached page from FDA:

http://google2.fda.gov/search?q=cache:TsmAYHnbN5MJ:www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm%3FCFRPart%3D108%26showFR%3D1+emergency+permit+control&access=p&output=xml_no_dtd&ie=UTF-8&lr=&client=FDAgov&site=FDAgov&proxystylesheet=FDAgov&oe=ISO-8859-1

"Sec. 108.5 Determination of the need for a permit. 

(a) "Whenever the Commissioner determines after investigation that a manufacturer, processor, or packer of a food for which a regulation has been promulgated in subpart B of this part does not meet the mandatory conditions and requirements established in such regulation, he shall issue to such manufacturer, processor, or packer an order determining that a permit shall be required before the food may be introduced or delivered for introduction into interstate commerce by that person.  The order shall specify the mandatory conditions and requirements with which there is a lack of compliance.

(b) "A hearing under this section shall be conducted by the Commissioner or his designee at a location agreed upon by the objector and the Commissioner or, if such agreement cannot be reached, at a location designated by the Commissioner. The manufacturer, processor, or packer shall have the right to cross-examine the Food and Drug Administration's witnesses and to present witnesses on his own behalf.

(c) "Within 5 working days after the hearing, and based on the evidence presented at the hearing, the Commissioner shall determine whether a permit is required and shall so inform the manufacturer, processor, or packer in writing, with the reasons for his decision.

(d) "The Commissioner's determination of the need for a permit constitutes final agency action from which appeal lies to the courts. The Commissioner will not stay a determination of the need for a permit pending court appeal except in unusual circumstances, but will participate in expediting any such appeal.

---

Sec. 108.10 Suspension and reinstatement of permit. 

(a) "Whenever the Commissioner finds that a permit holder is not in compliance with the mandatory requirements and conditions established by the permit, he shall immediately suspend the permit and so inform the permit holder, with the reasons for the suspension.

(b) "Upon application for reinstatement of a permit, the Commissioner shall, within 10 working days, reinstate the permit if he finds that the person is in compliance with the mandatory requirements and conditions established by the permit or deny the application.

(c) "Any person whose permit has been suspended or whose application for reinstatement has been denied may request a hearing. The hearing shall be conducted by the Commissioner or his designee within 5 working days of receipt of the request at a location agreed upon by the objector and the Commissioner or, if an agreement cannot be reached, at a location designated by the Commissioner. The permit holder shall have the right to present witnesses on his own behalf and to cross-examine the Food and Drug Administration's witnesses.

(d) "Within 5 working days after the hearing, and based on the evidence presented at the hearing, the Commissioner shall determine whether the permit shall be reinstated and shall so inform the permit holder, with the reasons for his decision.

(e) "Denial of an application for reinstatement of a permit constitutes final agency action from which appeal lies to the courts. The Commisioner will not stay such denial pending court appeal except in unusual circumstances, but will participate in expediting any such appeal.

---

Sec. 108.12 Manufacturing, processing, or packing without a permit, or in violation of a permit. 

(a) "A manufacturer, processor, or packer may continue at his own risk to manufacture, process, or pack without a permit a food for which the Commissioner has determined that a permit is required. All food so manufactured, processed, or packed during such period without a permit shall be retained by the manufacturer, processor, or packer and may not be introduced or delivered for introduction into interstate commerce without the advance written approval of the Food and Drug Administration. Such approval may be granted only upon an adequate showing that such food is free from microorganisms of public health significance. The manufacturer, processor, or packer may provide to the Commissioner, for his consideration in making any such determination, an evaluation of the potential public health significance of such food by a competent authority in accordance with procedures recognized as being adequate to detect any potential hazard to public health. Within 20 working days after receipt of a written request for such written approval the Food and Drug Administration shall either issue such written approval or deny the request. If the request is denied, the applicant shall, upon request, be afforded a prompt hearing conducted in accordance with 108.5 (b) and (c).

(b) "Except as provided in paragraph (a) of this section, no manufacturer, processor, or packer may introduce or deliver for introduction into interstate commerce without a permit or in violation of a permit a food for which the Commissioner has determined that a permit is required. Where a manufacturer, processor, or packer utilizes a consolidation warehouse or other storage facility under his control, interstate shipment of any such food from the point of production to that warehouse or storage facility shall not violate this paragraph, provided that no further introduction or delivery for introduction into interstate commerce is made from that consolidated warehouse or storage facility except as provided in paragraph (a) of this section."

Oh,  that we could have that happen here: the veterinary community, the SPCA and other shelters, and pet guardians and animal lovers join forces to make gove't really really listen