Letter to Margaret Hamburg, FDA Commissioner - Ensure Grains Disposal Regs Don't Hurt Colorado's Craft Brewers, Ranchers

Letter

Dear Commissioner Hamburg:

I write today to express concern related to the Food and Drug Administration's (FDA) proposed rule prescribing certain procedures to apply in the manufacturing, processing, packing and holding of animal food. As you know, Docket No. FDA-2011-N-0922 (Animal Food NPRM) published on October 29, 2013 tentatively proposes to characterize spent brewers grains as "animal food" which could result in brewers being regulated as commercial animal feed manufacturers.

I support a robust framework of smart regulations that minimize unnecessary risk and keep our nation's food supply safe. This particular part of the Animal Food NPRM, while well intentioned, does not seem based on evidence of risk or hazard. I hope FDA will reconsider its initial interpretation and formally review the body of evidence that exists in abundance on this particular topic to determine if in fact spent brewers grains warrant designation as "animal food."

Brewers operate in a highly regulated environment currently which demands sterile practices and inputs (i.e. water and grains). This regulatory structure appropriately recognizes these businesses for what they are -- brewers -- and not commercial animal feed manufacturers. Spent brewers grains are an unavoidable by-product of brewing which can either be discarded as waste or used as a source of protein and nutrition for cattle.

Colorado is home to brewers of all sizes. My home state is host to what is regularly called the "Napa Valley of Beer" due to the robust brewing industry and culture that has evolved in the Rockies. Regardless of the size of the brewer -- whether the operation is small, medium or large the Colorado experience has been that this industry embraces community and prioritizes sustainable practices. Partnership between brewers and farmers is longstanding and it allows for an environmentally responsible way to dispense with an otherwise useless by-product.

Perhaps most relevantly, the U.S. Department of Agriculture has decades worth of data that demonstrates the history of spent brewers grain used as animal food. This information does not reveal to my knowledge any evidence that dedicating spent brewers grains for agricultural use has ever compromised food safety to animals or humans. Further, the Animal Food NPRM itself does not provide data or anecdotes to justify new regulatory treatment of these grains.

With all of this as context I support the brewing industry's request that the FDA complete a risk assessment on the use of spent brewers grains by farmers before finalizing this rule. This rule after all is about establishing risk-based controls and so I hope the agency will avail itself of existing documentation that details the decades of real world experience that brewers and farmers have had and have reported to USDA.

I appreciate your consideration of the thoughts and concerns outlined in this letter and look forward to working with you as you finalize these regulations.

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