FDA Proposes Rules Regulating Brewers and Distillers Selling Spent Grains for Animal Feed
Brewers and distillers that sell spent grains to farmers will want to stay tuned to the FDA’s Proposed Rule for Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventative controls for Food for Animals over at regulations.gov.
The proposed rule will establish good manufacturing practices for animal feed and require anyone falling within the sales threshold (the rule currently proposes excepting companies with between $500k and $2.5 Million in sales) to establish many of the same record keeping and safety plans already required or set to be required under the Food Industry Modernization Act.
Whereas the preventative controls for human food proposed some exemptions for alcoholic beverage productions, the discussion in this proposal about animal food, for its Subpart C’s requirements for animal food manufacturers to have a food safety plan, monitoring, corrective action plan and hazard analysis is specifically found applicable to alcoholic beverage manufacturers:
“Section 116 of FSMA applies to animal food. However, the Agency is not aware of any animal food at alcoholic beverage facilities that would be exempt from section 418 of the FD&C Act under the proposed interpretation, and therefore is not aware of any animal food at alcoholic beverage facilities that would be exempt from proposed subpart C, ‘Hazard Analysis and Risk-Based Preventive Controls,’ for animal food. For example, FDA understands that many breweries and distilleries sell spent grains, such as brewers dried grains and distillers dried grains, as animal food. Because those spent grains are not alcoholic beverages themselves, and they are not in a prepackaged form that prevents any direct human contact with the food, the Agency tentatively concludes that subpart C of this proposed rule would apply to them.”
It’s worth keeping an eye on the proposed rule and the sales exemptions to determine what procedures you may have to implement to deal with your spent grains if you’re selling them for feed.