Livestock Feed Requirements

The National Organic Program regulations states at §205.237(b)(6) that "the producer of an organic [livestock] operation must not: use feed, feed additives, and feed supplements in violation of the Federal Food, Drug, and Cosmetic Act (FD&C Act)." How can organic livestock operators avoid violating this act in their organic livestock feed practices?

The Federal Food, Drug and Cosmetic Act (FD&CA) of 1938 was passed after an untested pharmaceutical killed 107 people, including children. Among many provisions, the law authorized the FDA to demand evidence of safety for new drugs, issue standards for food, and conduct factory inspections. According to the FDA, it regulates $2.7 trillion worth of food, medical products, and tobacco each year, including about 78% of the U.S. food supply. The FDA is responsible for ensuring “the safety, efficacy, and security of human and veterinary drugs, biological products, and medical devices; and…the safety of our nation's food supply, cosmetics, and products that emit radiation.”

The FD&CA regulates foods not only for human consumption, but for animals as well. The relevant sections of the regulations for animal feed are from Title 21, Food and Drugs, Chapter 1, Subchapter E—Animal Drugs, Feeds, and Related Products. The FDA also widely recognizes the Association of American Feed Control Officials (AAFCO) publications as reliable sources of information regarding animal feeds. AAFCO defines feed(s) as "material consumed or intended to be consumed by animals other than humans that contributes nutrition, taste, or aroma or has a technical effect on the consumed material. This includes raw materials, ingredients, and finished product." The FDA and AAFCO provide closed lists of allowed feed ingredients, additives and supplements that have been reviewed for use in livestock feed. For example, in addition to all Generally Recognized as Safe (GRAS) ingredients, the FDA outlines feed additives in section 21 CFR 573. AAFCO provides a similar list, but also names and defines hundreds of feed ingredients ranging from primary agricultural grains to preservatives and anti-caking agents. 

Because the FDA and AAFCO cover a wide variety of feed ingredients and additives, it is uncommon to find livestock feed that is allowed for organic production which does not also comply with their regulations. However, an example of how one may violate the FD&CA would be through providing an animal with feed that has not previously been identified as acceptable by the FDA or AAFCO. Leonardite, a common humate material used in crop production, has been found in some commercial feed products. Leonardite is not listed with the FDA or in AAFCO as an acceptable animal feed ingredient. Therefore, if an organic producer fed such a material to their animal, they would be violating §205.237(b)(6). Another violation would be to use a material without attention to its FDA or AAFCO restrictions. For example, diatomaceous earth (DE) is a common ingredient in feeds, used for its calcium content and anti-caking properties. However, FDA regulations at 21 CFR 573 state that DE “should only be used as an inert carrier...in an amount not to exceed 2% by weight of the total ration”. If an organic livestock producer were to feed their animals pure DE, they would be in violation of §205.237(b)(6). Overall, there is little probability that commercial animal feeds would violate the FDA or AAFCO regulations, since they are required to comply with these regulations prior to sale. However, organic producers should check with their certifiers prior to using any material in their operation.

This article was orginally published in the fall 2010 OMRI Materials Review newsletter, and was revised in January 2023 by Technical Coordinator Hayley Park.