European Commission regulation limits melamine in pet food

After recent reports of wet pet food containing melamine levels in excess of the 2.5 mg/kg legal limit, the European Commission created a Regulation to amend Annex 1 to Directive 2002/32/EC, which sets the legal maximum level of melamine in animal feed.
Although the legal limit of melamine in canned pet food will remain at 2.5 mg/kg, a footnote has been added to state that this is on an “as sold” basis rather than a 12 percent moisture basis.
Once passed by the European Parliament, the Regulation to amend Annex 1 to Directive 2002/32/EC will be published in the Official Journal. The Regulation will then be enforced on the 20th day after publication, which is expected in early 2013.

US court rules on melamine-tainted petfood settlement claims payout

Four years after melamine-contaminated petfood sickened and killed thousands of pets in North America, a New Jersey, USA, court opinion was issued to clear the way for settlement claims payouts.
The opinion by Judge Noel Hillman in the US District Court of New Jersey was the last piece of court action required to finalize the appeals of a US$24-million petfood settlement approved by Hillman in October 2008.
“I am hopeful that we can begin processing claims shortly,” said Lisa Rodriguez, liaison counsel for the multiple class-action suits covered by the settlement.
According to court documents, 24,344 claims were submitted by the November 24, 2008, deadline. Of those, 20,550 have been deemed payable, with the average claim about US$1,283. Allowed expenses included medical attention, lost wages, property damage and the price of replacement pets. The settlement covers claims by owners in the United States and Canada.
The melamine scandal was caused by Chinese suppliers, who spiked wheat gluten, wheat flour and rice protein concentrate with nitrogen-rich melamine, in an attempt to boost the ingredients’ apparent protein content. The imported, contaminated product ended up at Canadian petfood manufacturer, Menu Foods Ltd. The recall associated with the tainted petfood involved more than 150 petfood brands. The US Attorney’s Office estimated that about 1,950 cats and 2,200 dogs died, based on consumer reports received by the US Food and Drug Administration.
A 3rd District US Court of Appeals reviewed the matter and concluded in late 2010 that the settlement was “fair, reasonable and adequate,” with the exception of one issue that needed further clarification. That issue related to the limit of purchase claims to a maximum of US$250,000. The latest opinion filed by Judge Hillman lays out why that purchase-claim limit also is “fair, reasonable and adequate.”

Appeals court rules in class-action petfood lawsuit

A 3rd District US Court of Appeals ruled that a US$24 million class-action lawsuit settlement over melamine-contaminated petfood was a "fair, reasonable and adequate" deal, but sent the case back to a New Jersey district court judge for more information.
The appeals court sent the case back to New Jersey US District Court Judge Noel Hillman, who originally approved the deal in November 2008, for more information supporting the purchase-claim limit of US$250,000. According to the appellate court decision, 20,550 of the 24,344 claims submitted in the suit were deemed payable for a total estimated amount of US26.4 million, which exceeds the settlement fund by more than US$2 million. Appeals filed by two separate parties previously blocked disbursements from this settlement fund. Lisa Rodriguez, liaison counsel for the multiple class-action suits covered by the settlement, described the appeals court’s concern as minor and said that claimants may seek reimbursement in a number of categories, including purchases, but that the decision generally favors the claimants.
The petfood scandal originated with Chinese suppliers that tried to boost the protein contents of their products by spiking wheat gluten and rice protein with nitrogen-rich melamine, a substance not approved for human consumption. The tainted product was imported by ChemNutra and sold to Menu Foods, a private label petfood manufacturer. It also affected several other petfood makers, including Hill’s Pet Nutrition, Mars Inc., Nestle Purina PetCare Co., The Iams Co., and Procter & Gamble. More information on the settlement and associated legal documents can be found here.

Oklahoma couple honors pets killed by melamine

A grieving pet owner and her husband have donated five acres of land in Tulsa, Oklahoma, USA, as a sanctuary to honor the pets that died or became seriously ill during the 2007 melamine-tainted petfood recall, according to a recent article. The couple lost six pets in the recall.
The memorial is scheduled to open on June 12.

China aims to restrict imported petfood

China’s State Council recently released the revised draft of the Administrative Rules of Feed and Feed Additives to address the issue of melamine contamination in petfood in the country.
However, the legislation explicitly aims to restrict the direct sale of imported petfood and feed additives by foreign enterprises and individuals. This, and other restrictions included in the draft on foreign suppliers, has more to do with protecting state-owned enterprises than enhancing petfood safety, according to China Research Intelligence.

Proposed legislation to prevent petfood contamination

After the case of the melamine-laced petfood that killed thousands of pets three years ago, US Congress is stepping in to propose legislation that will help prevent petfood contamination from happening again.
The Food Safety Modernization Act is intended to amend the Federal Food, Drug and Cosmetic Act but is still awaiting debate in the Senate.
In the House, the Food Safety Enhancement Act of 2009 was passed July 2009 and would give the Food and Drug Administration more power to prevent contaminations.
Michael Markarian, chief operating officer at the Humane Society of the United States, told the Scripps Howard News Service that the bills will give the FDA additional authority to control recalls and to make sure poisonous materials don't come in from abroad.

Tainted petfood case ends in fine, probation

Stephen and Sally Miller, the couple who imported tainted melamine from China that killed or sickened thousands of pets in 2007, were recently sentenced in Missouri, USA, according to the The Kansas City Star.
The judge fined the couple and their company ChemNutra Inc. US$35,000 in addition to placing them on probation for three years and barring them from importing petfood ingredients.

Analytical methods for melamine, triazine analogs

The following methods for detection of melamine/cyanuric acid were developed bythe Food and Drug Administration's (FDA's) Office of Regulatory Affairs.

GC-MS Screen for the Presence of Melamine, Ammeline, Ammelide and Cyanuric Acid (Version 2.1), May 16, 2007

GC-MS Method for Screening and Confirmation of Melamine and Related Analogs (Version 2), May 7, 2007

The FDA Field laboratories are using LC-MS/MS methods that are capable of determining melamine and cyanuric acid at levels of 0.25 ppm in powdered infant formula and other dairy-containing food products or ingredients. These and a GC/MS method for melamine and its analogues are:

*Melamine Methodology
*Determination of Melamine and Cyanuric Acid Residues in Infant Formula using LC-MS/MS
*Interim Method for Determination of Melamine and Cyanuric Acid Residues in Foods using LC-MS/MS
*GC/MS method for melamine and analogues

For more information, contact:
Jonathan Litzau, Forensic Chemistry Center (FCC), US FDA, +1.513.679.2700, ext. 268
Greg Mercer, Pacific Regional Laboratory – Northwest (PRL-NW), US FDA, +1.425.483.4755
Kevin Mulligan, +1.513.679.2700, ext. 238

Canada imposes new rules on petfood industry

The Canadian government has imposed new rules to prevent a rerun of the 2007 petfood recalls, according to a news report.
The new rules require import permits for all petfood and individual ingredients entering the country. Also, petfood containing ingredients from US cattle requires FDA inspection. The consequences of violations of any law now include plant closings or criminal prosecution.
CFIA inspectors have also been given the authority to run surprise checks at any Canadian petfood manufacturing unit. They also now need to inspect, at least once every year, plants that manufacture petfood items for export.
In 2007, tainted petfood led to the deaths of hundreds of cats and dogs in North America. The event led Mississauga-based Menu Foods to recall 60 million cans and pouches of US-made premixes that were found to contain wheat gluten from China contaminated with melamine.

Couple, company plead guilty in melamine case

Husband and wife Stephen and Sally Miller, along with their company, ChemNutra Inc., pleaded guilty June 16 to distributing a tainted ingredient used to make petfood that reportedly sickened or killed thousands of pets, according to The Associated Press.
The federal indictment alleged they knowingly brought wheat gluten tainted with melamine into the US and proceeded to sell it to petfood manufacturers.

Scientists discover quicker test for melamine

A group of scientists from Purdue University have discovered a faster way to detect melamine levels by utilizing infrared spectroscopy in laboratory tests, according to a report in The Journal of Agricultural and Food Chemistry.
The Food and Drug Administration currently utilizes a time-consuming analysis to detect melamine levels, so researchers have been trying to find a more efficient way to spot melamine contamination.
Last year and in 2007, cases of melamine contamination emerged from Chinese-produced infant formula and pet food, due to its properties as a cheap but illegal substitute for protein.

Possible carcinogen found in Chinese products

Hydrolyzed leather protein, known as a possible carcinogen, was found in batches of dairy products in Jinhua City, Zhejiang Province, according to an article from The Epoch Times.
An anonymous letter was sent to authorities exposing the illegal practice to boost the apparent protein content of its product, according to the article, and was later confirmed by tests that the products contained the protein.
Morning Garden, the company who produces the dairy products, is a food manufacturing company based in Lanxi City.
Experts said that leather protein is similar to melamine but different in that leather protein is harder to detect because it is a real protein that is also toxic, according to the article.

WHO sets tolerable melamine levels

The tolerable daily intake for melamine is 0.2 mg per kg of body weight, a level set by international experts at a meeting organized by the World Health Organization.
The level is lower than previously suggested and is meant to help national authorities set safe limits in food for withdraw purposes if melamine is detected as the result of intentional contamination. This level represents the tolerable amount of unavoidable contaminant in food that may be ingested on a daily basis without appreciable health risk.
Melamine, a chemical compound, was the contaminant implicated in the 2007 petfood recalls.