ISE14/15-16

Subject:

food safety and environmental hygiene, animal welfare

• In Hong Kong, the Consumer Council conducted sample tests on dry pet food^{1Legend symbol denoting Dry pet food is usually made by an extrusion process during which the ingredients are heated and pressurized. Dry pet food is generally cheaper and has a longer storage period.} in late 2013 and raw pet food^{2Legend symbol denoting Raw pet food contains ingredients such as meat, bones and organs which are not cooked or are undercooked. They are sold in frozen or freeze-dried form. The claimed benefits of raw pet food include improving the teeth, skin and coat, and digestion of the pets.} in 2015. Both sample tests indicated the presence of contaminants or microbes in some of the samples tested.^{3Legend symbol denoting In the late 2013 sample test on dry pet food products, trace amount of aflatoxin B1, melamine or cyanuric acid was detected in 11 out of the 39 samples tested. As to the 2015 sample test on raw pet food products, Salmonella was detected in three out of the 17 samples tested. See消費者委員會(2014及2015).} According to a study conducted by the United States Food and Drug Administration ("FDA") during 2010-2012, raw pet food was more likely to be contaminated with disease-causing bacteria as compared with other types of pet food.^{4Legend symbol denoting See United States Food and Drug Administration (2015a).} FDA indicated that contaminated raw pet food might pose health risks to pets. Besides, owners who fed their pets with raw pet food might have a higher risk of getting infected with the bacteria possibly present in the pet food.

• According to the Census and Statistics Department, the number of dogs and cats kept by domestic households in Hong Kong was estimated to be 415 100 in 2010, up from 297 100 in 2005.^{5Legend symbol denoting See Census and Statistics Department (2006 & 2011).} The observed growing trend of the pet population pointed to an increasing demand for pet food. Nonetheless, there is no dedicated legislation regulating the safety of pet food sold in Hong Kong. Instead, pet food is regulated by general legislation – the Trade Descriptions Ordinance (Cap. 362) – which prohibits any person from applying false or misleading trade descriptions, including descriptions as to composition and place of origin, to goods in the course of trade or business.

• In contrast with Hong Kong, some other developed economies such as the European Union ("EU"), the United States ("US") and Singapore^{6Legend symbol denoting Other Asian economies like Japan and Taiwan have also established their respective specific regulatory regimes governing the pet food sold. The Japanese government regulates the standards for (a) the production method and labelling of pet food; and (b) maximum limits of harmful substances in pet food. It also introduced a mechanism for record keeping, product recall and inspection of manufacturers, importers and distributors. In Taiwan, the amended Animal Protection Act provides for (a) the registration of pet food products that are manufactured or imported; (b) specifications of standards for allowable levels of harmful substances in pet food; and (c) pet food labelling.} have put in place specific regulatory regime governing the safety of pet food products sold. Pet food safety is one of the issues to be studied by the Subcommittee on Issues Relating to Animal Welfare and Cruelty to Animals. This issue of Essentials highlights the regulatory frameworks established by the EU, the US and Singapore governing the safety of pet food products sold, as well as areas in which Hong Kong might draw reference from these places.

Regulatory regime in selected overseas places

• In the EU, there were about 135 million dogs and cats kept in 2014 and the annual sales of pet food (including that for dogs and cats) amounted to a total of about 9 million tonnes.^{7Legend symbol denoting See European Pet Food Industry Federation (2016).} The regulation of pet food is covered under the EU's regulatory regime for animal feed, which aims at ensuring that feedstuffs do not present any danger to human or animal health, or to the environment. The scope of the regulatory regime governs, among others, feed hygiene, use of additives in animal nutrition, undesirable substances in animal feed, and labelling of feed products.
• Similarly, the US has a large pet population and a corresponding large pet food market. The total number of cats and dogs kept in the US was estimated at 145 million in 2013 and the annual sales of dog and cat pet food amounted to some 8.3 million tonnes.^{8Legend symbol denoting See Pet Food Institute (2016).} FDA is responsible for regulating animal feed (including pet food) under the same federal regulatory regime governing human food. FDA requires that pet food, similar to food intended for human consumption, is safe to eat, produced under sanitary conditions and properly labelled. Recently, the federal government has enhanced the food safety system for pet food by implementing a series of preventive control measures.
• In contrast, Singapore has a much smaller pet population (the number of dogs and cats kept was estimated to be 156 000 in 2010). The annual sales of dog and cat pet food was estimated at 8 730 tonnes in 2012.^{9Legend symbol denoting See Agriculture and Agri-Food Canada (2013).} Nonetheless, the Agri-Food and Veterinary Authority ("AVA"), the responsible regulatory authority of human and animal food, administers a licensing scheme for local manufacturers and importers of animal feed, including pet food, and imposes control on imported animal feed to ensure that the products are safe.
• The key features of the regulatory regimes governing the safety of pet food in the EU, the US and Singapore, and the similarities and differences of their regulatory regimes are highlighted in the ensuing paragraphs.

Registration or licensing of pet food business operators

• All the selected overseas places studied have imposed registration and/or licensing requirements for business operators involved in the manufacturing, processing and/or import of pet food. Under the regulatory regimes of the EU and the US, registered/licensed business operators are further required to comply with a specified set of hygiene and hazard control standards to ensure the safety of products sold.

Requirement for pre-approval for additives used in pet food production

• Both the EU and the US have controlled the safety of pet food by regulating the use of additives in the production process. In the EU, the pet food business operators may only use additives that are included in the EU Register of authorized feed additives.^{10Legend symbol denoting Feed additives may not be put on the EU market unless authorization has been given following a scientific evaluation demonstrating that the additives have no harmful effects on human and animal health, and on the environment.} In the US, FDA requires pet food manufacturers to use additives that are "generally recognized as safe"^{11Legend symbol denoting A food additive may be established as "generally recognized as safe" if the substance is generally available and there is a consensus among qualified experts about the safety of the substance for its intended use.}, pre-approved by FDA or defined by the Association of American Feed Control Officials ("AAFCO")^{12Legend symbol denoting AAFCO, a non-government advisory body comprising officials of the responsible local, state and federal regulatory agencies, develops model laws and regulations for the manufacture, distribution and sale of animal feeds and ingredients.} for its intended use^{13Legend symbol denoting Additives defined by AAFCO to be appropriate for use in animal feed are un-approved additives. However, the use of these additives will not be subject to any government regulatory action as long as the labelling is consistent with the accepted intended use and safety of using the additives is not challenged by new data.}. In Singapore, AVA requires licensed manufacturers and importers to ensure that their pet food products do not contain any of the specified prohibited substances, including certain drugs and additives.

Labelling of pet food products

• In order to ensure the quality, safety and traceability of pet food products, all the selected places studied have imposed labelling requirements on pet food products sold in their markets. Common labelling requirements include: (a) name and address of the manufacturer and/or importer; (b) list of ingredients used, including additives (if any are used); and (c) animal species for which the product is intended.
• In addition, the EU and the US require pet food products to be labelled with proper product description that lives up to its ingredient content, and information on their nutrient composition. Many states in the US impose labelling requirements such as (a) guaranteed analysis^{14Legend symbol denoting A guaranteed analysis lists the percentage of each of the nutrients in a pet food product. Many states in the US require pet food products to guarantee the minimum percentages of crude protein and crude fat, and the maximum percentages of crude fibre and moisture.}; (b) nutritional adequacy statement; and (c) calorie statement to inform consumers about the nutrition level of the pet food products. In Singapore, only pet food products containing meat or meat products are required to provide a guaranteed analysis in a complete and balanced diet.^{15Legend symbol denoting AVA requires that the guaranteed analysis has to meet internationally recommended nutritional standards such as that of AAFCO.}

Import control mechanisms

• All the selected places studied have put in place import control arrangements to safeguard the safety of imported pet food products such as consignment notification, import permit application and/or inspection at port of entry. Besides, these places have set more stringent import control on pet food containing meat or meat products by requiring importers to accompany the consignments with a veterinary certificate, and/or requiring the products to be sourced from approved manufacturing facilities.

Enforcement

• In the EU, enforcement of the relevant legislation governing pet food is vested in individual member states. In the US, FDA is empowered to implement a mandatory recall of, or detain domestic or imported products that pose health risks. FDA may also suspend a business operator's registration if the food products produced or handled pose a threat of serious health consequences. According to FDA, 114 warning letters were issued to registered business operators that had violated relevant animal product regulations; and 61 recalls of animal products, including pet food products, were recorded in the 2014 fiscal year.^{16Legend symbol denoting See United States Food and Drug Administration (2015b).}
• In Singapore, pet food manufacturers and importers are subject to a fine and/or imprisonment if they violate the relevant legislation governing the production and sale of pet food. AVA may suspend or revoke the licence of the manufacturer or importer concerned if it does not comply with the licensing conditions.

Observations

• Both the EU and the US have large pet food markets. To ensure the quality and safety of locally produced and imported pet food products, they have implemented a broad range of measures under their respective regulatory regimes. These measures include: (a) implementing a registration/licensing scheme for pet food business operators; (b) controlling the hygiene of production facilities; (c) pre-approving additives to be used; (d) labelling of pet food; and (e) imposing control on imported pet food products.
• While having a relatively smaller pet food market, Singapore has implemented a licensing scheme for manufacturers and importers, and imposed labelling requirements and import control arrangements to ensure safety of pet food products. It is also noteworthy that all the selected overseas places studied have set more stringent import control requirements on pet food containing meat or meat products, probably reflecting that these products may pose a higher public health risk.

Prepared by Ivy CHENG
Research Office
Information Services Division
Legislative Council Secretariat
23 March 2016

Endnotes:

1.	Dry pet food is usually made by an extrusion process during which the ingredients are heated and pressurized. Dry pet food is generally cheaper and has a longer storage period.
2.	Raw pet food contains ingredients such as meat, bones and organs which are not cooked or are undercooked. They are sold in frozen or freeze-dried form. The claimed benefits of raw pet food include improving the teeth, skin and coat, and digestion of the pets.
3.	In the late 2013 sample test on dry pet food products, trace amount of aflatoxin B1, melamine or cyanuric acid was detected in 11 out of the 39 samples tested. As to the 2015 sample test on raw pet food products, Salmonella was detected in three out of the 17 samples tested. See消費者委員會(2014及2015).
4.	See United States Food and Drug Administration (2015a).
5.	See Census and Statistics Department (2006 & 2011).
6.	Other Asian economies like Japan and Taiwan have also established their respective specific regulatory regimes governing the pet food sold. The Japanese government regulates the standards for (a) the production method and labelling of pet food; and (b) maximum limits of harmful substances in pet food. It also introduced a mechanism for record keeping, product recall and inspection of manufacturers, importers and distributors. In Taiwan, the amended Animal Protection Act provides for (a) the registration of pet food products that are manufactured or imported; (b) specifications of standards for allowable levels of harmful substances in pet food; and (c) pet food labelling.
7.	See European Pet Food Industry Federation (2016).
8.	See Pet Food Institute (2016).
9.	See Agriculture and Agri-Food Canada (2013).
10.	Feed additives may not be put on the EU market unless authorization has been given following a scientific evaluation demonstrating that the additives have no harmful effects on human and animal health, and on the environment.
11.	A food additive may be established as "generally recognized as safe" if the substance is generally available and there is a consensus among qualified experts about the safety of the substance for its intended use.
12.	AAFCO, a non-government advisory body comprising officials of the responsible local, state and federal regulatory agencies, develops model laws and regulations for the manufacture, distribution and sale of animal feeds and ingredients.
13.	Additives defined by AAFCO to be appropriate for use in animal feed are un-approved additives. However, the use of these additives will not be subject to any government regulatory action as long as the labelling is consistent with the accepted intended use and safety of using the additives is not challenged by new data.
14.	A guaranteed analysis lists the percentage of each of the nutrients in a pet food product. Many states in the US require pet food products to guarantee the minimum percentages of crude protein and crude fat, and the maximum percentages of crude fibre and moisture.
15.	AVA requires that the guaranteed analysis has to meet internationally recommended nutritional standards such as that of AAFCO.
16.	See United States Food and Drug Administration (2015b).

References:

Hong Kong

1.	Census and Statistics Department. (2006) Thematic Household Survey Report No. 26.
2.	Census and Statistics Department. (2011) Thematic Household Survey Report No. 48.
3.	GovHK. (2012) Press Releases - LCQ15: Pet food regulation.
4.	GovHK. (2014) Press Releases - LCQ1: Pet food.
5.	消費者委員會：《寵物主人注意：11款貓狗乾糧檢出有害物質》，《選擇月刋》，2014年第450期。
6.	消費者委員會：《3款貓狗生肉糧檢出沙門氏菌或會經寵物感染主人》，《選擇月刋》，2015年第468期。
Others
7.	Agriculture and Agri-Food Canada. (2013) Consumer Trends – Pet Food in Singapore.
8.	Agri-Food and Veterinary Authority of Singapore. (2015) Animal Feed.
9.	European Commission. (2014) Animal Nutrition – Introduction.
10.	European Pet Food Industry Federation. (2011) Code of Good Labelling Practice for Pet Food.
11.	European Pet Food Industry Federation. (2016) Facts and Figures: Statistics underline the importance of pet animals in society.
12.	Food and Agricultural Materials Inspection Center of Japan. (2015) About Pet Food.
13.	Pet Food Institute (2016).
14.	United States Food and Drug Administration. (2015a) Get the Facts! Raw Pet Food Diets can be Dangerous to You and Your Pet.
15.	United States Food and Drug Administration. (2015b) Narrative by Activity – Animal Drugs and Feeds.
16.	United States Food and Drug Administration. (2016) Pet Food.
17.	USDA Foreign Agricultural Service. (2012) Exporting Pet Food to the EU.
18.	台灣行政院農業委員會：《動物保護法》，2015年。