Liveblogging the pet food recall hearings

This is being webcast here and is airing on C-Span 1.

Intro by Sen. Herb Kohl  (D-WI) points out that to many people, pets are family. That they trust the products on the shelves are safe and feel betrayed when they are not.

Sen. Robert Bennett (R-UT) points out it's only 1 percent of the pet food, but "that statistic is no comfort" to people whose pets were harmed - and also, wants to know how lethal IS that 1 percent?

Sen Dick Durbin (D-IL) says he has asked for this hearing because more than 60 percent of all American households own pets. Says we owe pets loving care, but many Americans are losing cats and dogs.

The rest is after the jump.

"The numbers are in dispute," with FDA reporting only 16 confirmed cases. Points out that Michigan and Oregon are reporting higher official numbers - brings up Banfield numbers, VIN numbers. Says we'll probably never have a definite tally.

Pointed out that the toxin has not actually been identified. Says we don't know how the gluten got contaminated or "why the recall unfolded so slowly."

Says the food safety system is broken. Too many laws with different standards, too many committees on Capitol Hill, too many special interest groups. We need one single food safety agency for human and pet food, driven by science, not by politics or tradition.

"There are significant health implications to this broken system."

His areas of concern:

1. Timing
Menu first noticed a problem on Feb 20. How long did the company wait to notify the FDA? Almost 3 and a half weeks; March 15. After the contaminated foods were spread across this country. Companies that delay reporting should, he said, face penalties.

2. Inspections
The plant in Emporia, KS had never been inspected.

3. More data and better reporting
Blogs and websites... volunteer effort of pet owners is spreading more information, and better, than our government. If sites like VIN and petconnection.com can do this, so can the government.

Dr. Stephen Sundlof, Director of FDA Center for Veterinary Medicine begins his testimony with a recap of events.

Did not rule out it's in the human food supply but sees no evidence of it.

Says that they know contaminated foods are not off the shelves.

Says additional recalls are a possibility and doesn't know when there will be an "all-clear."

Steven Solomon, Dep. Director of FDA Office of Regulatory Affairs is also commenting on the process of notifying retailers.

Sen. Kohl asks are you close to 100 percent of identifying all products, even if you think more recalls will happen? Dr. Sundlof says recall has been "very effective" in preventing pet death and gotten "the vast majority" of the product off the market, but they will "leave no stone unturned."

Sen. Bennett asks about inspections, both state and FDA. Asks if Sundlof is satisfied with federal/state relationship regarding testing. Turns it then to Dr. Solomon, who says they work with state Depts of Agriculture and Health, and with AAFCO (not a government organization, though).

Dr. Sundlof is asked if there should be a CDC for animal illness. He says yes, and is working with various veterinary organizations on this. Says they are constantly asked how many animals are affected, and points out they need to define what constitutes a confirmed case.

Pressed to say if there should be a CDC for animal illness. He seems to think it would be a good idea - says this is an "exceptional case" and isn't sure an "exceptional case" would justify that.

Sen. Bennett asked if pet food companies are required to notify FDA when they come across safety problems. Sundlof said, "Yes, they are."

Sen. Durbin dropped a bombshell, at least as far as I'm concerned, by saying that some of the contaminated wheat gluten was processed into a HUMAN FOOD PRODUCT FOR RETAIL and then pulled.

Sundlof referred that question to Solomon, who said that there was a similar lot number but it was a different shipment of wheat gluten, and all tests on that food were negative.

Then he pressed Sundlof on the timeframe issue, and how soon the pet food company needs to notify FDA. Sundlof said that it's up to the pet food company to determine, however, when they have a problem immediately.

Sen. Durbin asked if they think three weeks is "timely." Sundlof says he "can't answer what the pet food company knew and when they knew it." Doesn't know penalties for failing to report in a timely manner.

Sundlof says any delay will result in increased illness and death.

Sen. Durbin asks how often pet food manufacturers are inspected. Sundlof said he can't answer that, said it's been around 30 percent, and that most inspections were related to BSE ("mad cow disease").

Sen. Durbin asks if that's an adequate inspection to protect the wholesomeness and safety of pet food products.

Sundlof says that they base it on risk. Focus on BSE. Limited resources. "In this case we didn't inspect because we felt these companies were in compliance." After recall they did inspect, and the plant in Emporia passed the inspection.

Sen. Durbin asked if Dr. Sundlof had tried to find what foods had been recalled on the FDA website. Said he had. Admitted it was hard. Sen. Durbin suggested they fix that. (YA THINK?)

Sen. Robert Byrd (D-West Virginia) is talking about his Shih Tzu, Trouble. "There is a unique, special relationship between pets and their owners. For many Americans, their pets are not just dogs or cats, but are instead viewed as members of the family. I'm talking because I know. And one other thing. Dogs ... in particular have, over time, earned the title 'man's best friend.' The relationship between a dog and his master represents unselfish.. unselfish... love, trust, and loyalty. As a pet owner, and a dog lover, I have joined with millions of my fellow Americans in anxiously hoping that I had not poisoned my pet, my dog with a special snack or a serving of food. I don't have my dog with me today, but she sleeps on my bed, she goes with me to the Senate, she comes with me to the office... that is my wife's dog, Trouble.... Our pets are our companions, our soulmates, and our hedge against emotional turmoil. It is well known that pets assist emotional stability and mental health and wellbeing for millions of Americans.

"When the FDA protects our pets, they, the FDA, protects the health of millions of Americans as well. Vigilance for our best friends is vigilance for the health of human owners as well.

"Unfortunately an uknown number of Americans are now dealing with just that situation. I hope that this hearing will bring to light the cause of the recent pet deaths, and what actions the FDA would take to ensure that we never have to face a similar problem in the future."

He asks if he may ask a question, says he'll be very brief.

"One of the most troubling aspects of this recall has been the lack of clear information for the public on what products were being recalled. (Went off the record to discuss his own health problem, which was causing him to have a tremor while speaking.) This problem was compounded by the expanding number of items on the recall list. What are the criteria used by the FDA to determine what items are to be recalled. Can we now be certain that all of the tainted products are on the recall list."

He then asked for Dr. Sundlof to be PUT UNDER OATH.

Sundlof says they trace shipments to a plant. If foods made at those plants are tested and have contamination, they're put on the list. Sometimes vets say, this food made an animal sick, so they test, and if they find melamine, they add it to the list. "We think we've accounted for just about all of it." They are continuing to hear from veterinarians and universities and continuing to analyze product and will recall if necessary.

Then Sen. Byrd asked if the FDA has confidence in the numbers it is reporting. Sundholf said they've gotten almost 15,000 phone calls but doesn't have a good idea. They are still focusing on the recall. "Once we are sure all the contaminated pet food is off the market, then we will go back and start looking through these records, and try to come up with what we see as the true prevalance of disease caused by this pet food."

Sen. Byrd asked if we're certain how long tainted pet foods were sold to the public. Sundlof says the wheat gluten came in November 2006.

Sen. Byrd asked what screening procedures are used by FDA to ensure contaminated substances do not poison pet foods. Sundlof said that pet food manufacturers are required to produce wholesome, uncontaminated foods, but it's on the pet food companies to do that, to comply, to maintain records about analysis of the products. The company in China did supply records of analysis to the US importer, and did test for a number of contaminants including pesticides (or at least the certificates said they did), but they did not test for melamine.

Sundlof the manufacturers are responsible for producing a safe product and have records for the FDA to look at if they do go in and inspect.

Sen Byrd said he'd leave his additional questions with the Chairman, for the record.

Sen. Durbin then asks more about involvement of CDC. Asked if they asked for surveillance of human kidney failure.

Sundlof says yes, asked CDC to put a special emphasis on increased incidence of renal failure in people. He's not aware of any but will have to get back with CDC and see if that's correct.

Sen. Durbin asked a clarification question on a letter he received from FDA about inspections, then first panel (Sundlof and Solomon) was dismissed and second panel brought in.

Panel begins with Dr. Claudia Kirk of University of TN.

Covering safety of ingredients, inspection and oversight, tracking of animal deaths.

It's clear US food supply is at risk from accident as well as terrorism. There has been poor tracking of contaminated ingredient in the marketplace.

Contamination can't totally be prevented. Says melamine wouldn't have been detected, they screen for the expected.

Research into more effective screening tools warranted.

Lack of adequate tracking of food supply. Nearly a month later, we're still finding contaminated foods.

Oversight: I believe the pet food industry is under greater regulatory oversight than conveyed by the media. She believes the FDA closely monitors. Calls it "self-monitoring" and says it's not uniform but most manufacturers are extremely diligent.

Says more oversight might be helpful, but probably wouldn't have fully prevented this.

Talks about difficulty of establishing criteria for when to report possible problems.

Talks about tracking. No CDC for companion animals. Complaints of adverse events for drugs or pet foods are directed primarily to the manufacterers. Menu produced for many companies, so reports were scattered.

Now pet owners have lost trust.

Official reports are unrealistically low even though some reports are exaggerated.

Suggests to establish centralized site for pet owners and vets to report adverse events. Would cause earlier notification.

Says we'll never know the true scope. Pet owners prior to recall can probably never prove the connection because the labels are gone and pets are "laid to rest."

Dr. Elizabeth Hodgkins is speaking now, she says not as a former pet food company employee but as a veterinarian. She is speaking too rapidly for me to quote, but she is being brutal on the current system. Says labels are inadequate and would never be allowed in human foods, says AAFCO-labeled foods are NOT a guarantee they are sufficient for longterm feeding of animals. Says self-monitoring is not enough.

Says current testing of food is completely inadequate, outlines many ways in which that's true. Says  no company has any incentive to test its foods beyond the bare minimum. Says FDA requires investigations but the size of the industry makes it impossible.

She does not think increased inspections can help with all the problems - looks to science to help.

FDA already provides for meaninful regulation. Suggests FDA adhere to the letter of the Pure Food and Drug Act, and makes sure that claims are disallowed the way they are with human foods. Including claims for safety and nutritional adequacy. Then there needs to be meaninful label claims, and no claims could be made without rigorous study proving them. Genuine scientific standards.

Conscientious manufacturers would so this to gain a competitive advantage, and consumers and vets would have more meaningful information.

Says present system needs meaningful reform and suggests a truth in pet food labeling initiative. Says it will regain faltering public confidence in the industry.

They introduce Eric Nelson, president of AAFCO, now. He gives an overview of what AAFCO is... you can read about them here. I'm going to rest my hands for a minute after Dr. Hodgkins.

I'll resume when he starts discussing the recall itself.

He says that "process controls" as suggested by AAFCO might not have prevented this contamination, but thinks they would help. Says status quo does not do enough, and it will take great efforts by industry and agencies charged with oversight to regain consumer confidence. (YA THINK?)

Then he's done.

Now we get the President of the Pet Food Institute, Duane Ekedahl.

He says he thinks he understands why this is so urgent. Says he has a cat, Gus, and a dog, Sven. Says if anything happened to Gus or Sven he'd be devastated and his heart goes out to all whose pets suffered.

Says there is a poll that pet owners continue to have confidence in pet food manufacturers.

Announces a pet food commission they have formed will examine what happened and make sure it doesn't happen again. says it was announced in newspapers today. Says the chair of the commission is here to answer questions.

"Pet foods are indeed.. perhaps the  most regulated products on the supermarket shelf."

Says you'll see more info on a pet food label than on any other package in the store. Says that's required by law. Says statements must be substantiated and proved. There is no other product like that. Very very different message than Dr. Hodgkins.

Says pet food plants are inspected, pet food ingredients are subject to exacting analysis. Sometimes more than human food. Highly regulated product. There is not confusion in label claims.

Ingredients from oversees. The PFI and "other industry officials and government agencies" are working on international standards for feed ingredients.

"The numbers of fatalities of cats and dogs is all over the place." Said Banfield only five cats and one dog were "affected" by foods in the recall. [THAT IS WRONG... THAT WAS DEATHS CONFIRMED. Absolutely NOT "affected. Hope someone calls him on that.]

He says we're "fairly close" to products being out of the system. Says their commission will be working with FDA to find out what happened and work with industry and government to make sure they "maintain the very high standards that exist today." Says pet owners can select foods with confidence. Cats and dogs are not just pets, they're family.

Sen. Kohl  asked Dr. Kirk about so many foods being made by one company.

She says the products can be very much the same if they are contracted to Menu, but they can also be very different, because sometimes the companies are really just coming in to "rent" the equipment. Use their own ingredients and manufacture their products.

Sen. Kohl asks Dr. Kirk what pet owners should do.

She says she gets asked that a lot from their own clientele. Are getting calls about recipes. Says she normally doesn't recommend homefeeding because their ability to provide a balanced diet over time seems to wane. She recommends pet owners check label to see if wheat gluten is used, that's her recommendation for her clients at this time.

Sen. Kohl asks Dr. Hodgkins to expand on some of her comments about ingredient testing.

She says ingredients are not tested before being added to pet food, which would be a daunting task. Her concern is about the safety claim on the label, that leads consumers to think it is. Thinks there is an unwarranted sense of safety in a pet food label that includes an AAFCO guarantee, and maybe we need to re-examine how we label pet foods.

Sen. Kohl asks her about melamine, which would not have been tested for. She agrees, although she says that may now change. A pet food label that identified those foods that undergo NO safety testing at all vs those that do all the available testing is better for consumers.

She agrees that getting the rest of the foods off the marketplace has to happen first, but says then we need to go ahead and fix the "sieve" of safety claims.

Sen. Kohl says the continuing recall expansion is shaking consumer trust. Goes to Duane Ekedahl from Pet Food Institute.  "Pet foods are safe." "The consumer sees that." "There are many products out there that are safe."

Sen. Bennett asks Dr. Hodgkins about her proposal regarding pet food labels. Turns to Mr. Ekedahl. Wouldn't that help the consumer and give a competitive advantage to some manufacturers?

Ekedahl says the current system works, products are remarkable, they work, they are tested by "state chemists," and their products meet the requirements of every state.

Sen. Bennett says then, there would be no real changes in labels if Dr. Hodgkins' proposal were adopted? Ekedahl says companies are able to describe to the consumer the advantages they see in their products.

Sen. Bennett says he never read pet food labels. And all the dogs and cats survived.

Goes to Dr. Kirk. Asks about a typical screening process for an ingredient.

She outlines the process she would be involved in, but says she's not saying all pet food companies test this way. Analyis of documentation, trusted sources, then additional testing and screening.

Sen. Bennett asks about HACCP systems, which are in place for human foods, should be for pet foods. She says that is out of her scope of expertise, but some of those factors are used in pet foods sometimes. (?)

Nelson from AAFCO says he thinks, but isn't sure, some pet food manufacturing processes do require HACCP.

Dr. Kirk says large number of areas are regulated, others are self-monitored. Dr. Hodgkins says it's not EFFECTIVELY regulated.

Ekedahl says dogs and cats are living longer healthier lives than ever before, and it's because of veterinary care and nutrition in the products.

Durbin asks Nelson about who funds AAFCO. What percentage of your budget comes from the industry you are overseeing? Nelson says he DOES NOT KNOW. Nelson says AAFCO has only one employee.

Sen. Durbin asks, the group determining the nutritional safety of all the pets in America has only one employee?

Nelson says it's mostly volunteers.

Sen. Durbin asks Nelson about a pet food label, and holds up a can of Alpo dog food. Asks about "safety," and clarifies if they are talking only about nutritional safety. But Nelson says no, he's talking about actual safety including from contamination ... but agrees AAFCO does not contamination etc investigation.

Sen. Durbin says that AAFCO has NO REGULATORY AUTHORITY. FDA says there is NO PRE-MARKET APPROVAL of pet fodos, and no regular inspection of facilities. There is no penalty for failure of a company like Menu to report, or at least, they're going to check into that. Mentions Menu waited three weeks. Says we know there is no goverment authority to recall a pet food product. Know claims made on the dog food labels are beyond claims that can be made about human food. At least Dr. Hodgkins has said it's not clear a company has to make reports of adverse events to goverment.

Ekedahl from Pet Food Institute says that while AAFCO has no regulatory authority, the members of AAFCO do... on the state level. Although AAFCO develops model standards, he admits all states have not adopted them.

Durbin is pressing Ekedahl on the investigation process. 30 percent of plants over a 3 year period of time. Ekedahl says the marketplace will deal with that.

Durbin says that's right, a lot of pet owners will not be buying Menu pet foods for a long time, and that's how the marketplace will deal with it.

Ekedahl says increased regulation wouldn't have prevented this.

Ekedahl says there is 100 percent inspection of wheat gluten coming in from China now by FDA.

Durbin says, is that since this contamination of pet food? Ekedahl says yes.

Durbin asks if Menu failed to report for three weeks? Ekedahl says he doesn't know. Durbin asks if three weeks meets the standard of care pet food manufacturers should live up to? He evades.

Ekedahl says as soon as companies knew about melamine they recalled and were responsible.

Durbin says no, Menu waited three weeks to report, and within 48 hours, FDA made the recall announcement of 95 products.

Says he's asking about MENU and the three weeks, Ekedahl says he doesn't have the facts. Durbin said that he thinks Ekedahl would have had the facts before coming here today

Durbin says Dr. Hodgkins is on the right track, we need more timely reporting.

Sen. Kohl is asked how Menu prevents cross-contamination. Says she cannot speak about Menu, but the plant or plants with which she is familiar... says lines are cleaned. She said she has personally found Kibbles 'n' Bits in her cat chow, but she expects mostly the major manufacturers do a good job of cleaning.

Nelson of AAFCO says there is no current requirement of cleanout of equpipment between products, other than medicated feeds.

Dr. Hodgkins brings up peanut allergies in humans. Says food allergies occur in dogs and cats as well, and feels this is a concern that there is a laxity looking at that particular problem.

Sen. Kohl thanks and dismisses the panel.

Comments

[Kim]

Thanks so much for doing this Christie - I had to miss the first hour!

[Margaret Bridge]

Thank you Christie.

[Margaret Bridge]

Thank you Christie.

[Margaret Bridge]

Thank you Christie.

[Carol Evon]

Thanks so much for doing this. I'm so glad to see the senators taking them to task. Kudos to them and Hurray to Elizabeth! Maybe now something will be done to prevent future happenings of thie. I belong to four cat websites or boards and none of us have any confidence in the pet food manufaturers any more and quite a few are cooking their own food and most all are going totally wheat free. Cats can't digest the stuff anyway.

[CathyA]

I have 7 pages of hastily scribbled notes, came in late, connection kept rebuffering, but doG bless Sen Byrd.....and his little dog from China too, though, uhm, sometimes his mind does go a wanderin'!

I'm glad someone mentioned Oregon, Michigan, VIN numbers, missed that part. And NO Christie, no ONE called the PFI hack on his misquote. Durbin went after him on the 3 week notification issue, but did NOT correct him on that. And it bitterly disappoints me.

[Andrea Gatley]

Thanks for reporting on this!

[DJ]

Thank you for blogging this. I appreciate it very much.

[Monique]

You rock Christine! Thank you so much for all you have done. I was not satisfied with this hearing. I am wondering-where does it go from here???

A *heartfelt* thank you for live blogging this hearing... a hearing that was so important to so many of us.

A *heartfelt* thank you for live blogging this hearing... a hearing that was so important to so many of us.

[Adrienne]

Thank you for blogging this. I can't get the webcast archive to work on my computer, and this sure as heck beats everything I've heard on the news today. One of our local radio stations was even stating the number of fatalities as 12. Since when is it possible for pets to un-die?

[Cate]

Great job, Christie. Thanks for all the hard work you (& others) are doing!

[Issy]

Great site Christie - thanks for all the wonderful posts and info here.

[Gene and Gerri Richards]

Our pet Rosie, a 3 year old Chihuahua was poisoned from Chinese made Bestro's Jerky Chicken Strips #77849 00006 1 We have this contaminated bag. We have three Chihuahuas and one of them died one month ago. She started with vomiting and dehydration (she was drinking lots of water) and then we were told she may either have an obstruction or have been poisioned. Since our dogs are inside dogs and we are with them at all times outside we thought it was an obstruction. Finally the doctor at Elwood Animal Clinic in Glendora, California said he was almost positive it was some kind of poisoning. They were going to scope her but before that could happen she died July 21, at VCA in Fountain Valley, California.
We gave our dogs Waggin train and Bestro's Jerky Chicken Strips. Our Sweet Rosie (our chihuahua that passed) loved them and and she would eat all the treats we put down for the other dogs too. Up until today we never had any idea what happened but now with Wal Mart pulling this quietly from their shelves. (I brought my treats at Wal Mart, Glendora, California) I truly believe that is why she died. Rosie wants all dog owners to be aware of this and a Total Recall of this chinese junk pet treats so other puppies don't slowly suffer is she did. How many other puppies must die before a total recall is called? We are totally heartbroken and will never forget Our Sweet Gypsy Rose! Since Wal Mart had this problem before, why didn't they pull all that Chinese junk off the first time? Our Rosie will still be alive! Is Wal Mart concerned about people and their Pets or Money? You figured it out.
Gene and Gerri Richards San Dimas, California
Rosie's website:
http://www.dogster.com/dogs/614878