Who Regulates Heavy Metals in Pet Food?

If you've read that the FDA hasn't set limits for heavy metals in animal food, you may have wondered whether anyone is watching at all. Someone is. Pet food in the US is overseen by more than one group, and each has a different job. Here's who does what, and why heavy metals are handled the way they are.

The short answer

The FDA and the states regulate pet food. AAFCO, the group whose name you often see on labels, writes model rules that states can adopt, but it has no regulatory authority of its own. For heavy metals specifically, the FDA's report on heavy metals in animal food says it has not issued guidance, action levels, or tolerances for heavy metal levels in animal food. Instead, it acts case by case when testing finds a food adulterated. That isn't the same as having no rules, as the sections below explain. It does mean the most useful step for owners is to ask brands what they test.

What the FDA does

The FDA's starting point is federal law. Under 21 U.S.C. 342, a food is adulterated if it contains a poisonous or deleterious substance that may make it injurious to health. There's an important nuance for substances that aren't added on purpose, which covers most heavy metals in food. In that case, the food isn't considered adulterated if the amount doesn't ordinarily make it injurious to health. That's part of why naturally present metals are judged case by case.

For ingredients, the FDA's pet food page explains that many, such as meat, poultry, and grains, don't need approval before they're used. Other substances, such as sources of minerals and vitamins, flavorings, or preservatives, must be generally recognized for their intended use or approved as food additives.

The finished product is different. The FDA says it does not review and approve the final packaged formulation, such as a bag of dry dog food or a can of wet cat food, before a company can sell it.

The FDA and state partners carry out risk-based inspections of pet food facilities. When a facility isn't in compliance, the FDA first encourages voluntary corrective action, then can move to tools that range from warning letters to recalls, seizure, and injunctions.

The FDA also monitors animal food, including pet food, through its Animal Food Contaminants Program, and can issue assignments to look at a specific product or contaminant. Its heavy metal report describes a surveillance program that samples domestic and imported animal food each year. We cover how those samples are tested in our post on how pet food is tested for heavy metals.

What states do

Pet food is also regulated under each state's own animal food laws. According to AAFCO's guide to regulators' roles, states have authority over feed and pet food commerce within their borders, while the FDA's authority is generally limited to products in interstate commerce, including imports. AAFCO notes that most pet foods involve interstate commerce, so both levels usually apply.

State rules exist and vary from state to state. AAFCO describes common tools: most state feed control programs require a license before a company can make, distribute, or sell pet food in that state, many require product registration and label review, and most states have authority to collect samples for their own laboratory analysis and to inspect where pet food is made or sold.

If you have a question about a pet food sold where you live, your state feed control official is a good contact. AAFCO's site links to a directory of them.

What Aafco is, and isn't

AAFCO stands for the Association of American Feed Control Officials. It has been around since 1906. Its members are government agencies that enforce animal feed laws, including state departments of agriculture and the FDA, and each member gets one vote.

AAFCO writes models, including model pet food regulations, and AAFCO says the majority of states have adopted them in some form. But in its own words, AAFCO itself has no regulatory authority whatsoever. Its members regulate within their own jurisdictions; the association does not.

So when you see AAFCO on a bag, it usually appears in the nutritional adequacy statement. That statement is about nutrition. It is not a heavy metal test, a point we cover in our post on heavy metals in kitten food.

Why there's no US heavy metal limit for pet food

This is the heart of the question. The FDA's heavy metal report explains that metals are found in air, water, and soil, so eliminating them entirely from animal food isn't always possible. The report says the FDA has not issued guidance, action levels, or tolerances for heavy metal levels in animal food. When routine or targeted testing finds a food adulterated, the FDA acts on that food case by case, taking into account reference information from the National Research Council and the AAFCO Official Publication.

There is also a facility rule. Under 21 CFR 507.33, animal food facilities must analyze known or reasonably foreseeable hazards, including chemical hazards. The rule text does not name heavy metals.

Other places take a different approach. The European Union has a directive on undesirable substances in animal feed. In the US, the FDA's program to reduce childhood exposure to contaminants in food focuses on foods commonly eaten by babies and young children. It is a human food program, not a pet food one.

The sources we reviewed did not show whether any US state sets its own numeric heavy metal limits for pet food.

What you can do

You don't need to wait for a rule to get answers. Ask the company which metals it tests for, how often, which lab does the work, and whether it will share the results. Our 5-minute heavy metals check walks you through it, and our guide on how to read a heavy metal COA helps if a company sends you results.

If you think a pet food is a problem, you can report it through FDA's online reporting portal, as explained on the FDA's pet food complaint page, and you can contact your state feed control official.

FAQ

Does the FDA approve pet food? Not the finished product. The FDA does not review and approve a bag or can of pet food before it's sold. Ingredients do have rules: many common ones don't need premarket approval, while others must be generally recognized for their use or approved as food additives.

Does the FDA set heavy metal limits for pet food? No. The FDA's report says it has not issued guidance, action levels, or tolerances for heavy metal levels in animal food. It acts case by case when testing finds a food adulterated.

Is AAFCO a government agency? No. It's an association whose members are government feed regulators. AAFCO says it has no regulatory authority of its own.

Who do I tell if I think a pet food is a problem? If your pet is unwell, start with your vet. Then you can report the food to the FDA online and contact your state feed control official.

When a brand shares its heavy metal results, you can check them yourself. Heavy Metal Tested is a certification program that helps brands share independent results with owners. Learn how Heavy Metal Tested certification works.

This article is general information, not veterinary or legal advice. If you have questions about your pet's health or diet, contact your veterinarian.