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FDA backtracks on spent grain rule after brewing industry comments

April 7, 2014Chris Crowell

spent grain regulation
Put away those veggies, guys. Spent grains are still on the menu – for now.

The Food and Drug Administration is going back to the drawing board with its spent grain regulations after the response from the brewing industry.

As we discussed previously, back in October 2013, the Food and Drug Administration (FDA) proposed a rule as part of the Food Safety Modernization Act to establish best practices for manufacturing animal feed. Under that definition, craft breweries would be labeled animal feed manufacturers and be regulated as such by the FDA because of the widespread practice of sending spent grain to farms. The regulations looked a bit unrealistic and burdensome for brewers, and the industry spoke out. Here is what the Brewers Association said about the language in the rule:

The current rule proposal represents an unwarranted burden for all brewers. Many of the more than 2,700 small and independent craft breweries that operate throughout the United States provide spent grain to local farms for use as animal feed. The proposed FDA rules on animal feed could lead to significantly increased costs and disruption in the handling of spent grain. Brewers of all sizes must either adhere to new processes, testing requirements, recordkeeping and other regulatory requirements or send their spent grain to landfills, wasting a reliable food source for farm animals and triggering a significant economic and environmental cost.

Absent evidence that breweries’ spent grains as currently handled cause any hazards to animals or humans, the proposed rules create new and onerous burdens for brewers and for farmers who may no longer receive spent grain and will have to purchase additional feed. Farmers also appreciate the ‘wet’ grains from breweries because it helps provide hydration for the animals.

Brewers’ grains have been used as cattle feed for centuries, and the practice is generally considered safe. We ask the FDA to conduct a risk assessment of the use of spent brewers’ grain by farmers prior to imposing expensive new regulations and controls.

Well, it looks like the FDA is listening and is now reviewing the rule and considering revised language. From an FDA statement:

“We anticipated some of these issues when we requested comment on the proposed rule and are already reviewing the extensive input received from brewers and others. We recognize this is an area that should be addressed and will reach out to those concerned. When the agency proposes revised language for this rule later this summer, we will include more on this issue and welcome comments.”

Obviously, the regulator could emerge from this process with similar language, but for now this is positive news for craft brewers and a nice indicator that industry concerns are being heard and considered. We will keep you posted as this develops.

FDA revises spent grain rule
Spent grain is NOT going to be regulated by new animal feed rules, says FDA
Brewers Association hits on quality as main objective.jpg
Brewers Association hits on quality as main objective (along with 20 percent market share) #CBC2014
Barley-Back-Old-Grain-New-Brews
FDA rule regulates spent grain sold as animal feed
brewery revenue by day of the week
Let’s look back at the year in craft beer with the Brewers Association

Reader Interactions

Comments

  1. BavarianAF says

    April 10, 2014 at 9:55 am

    A stalemate for now. Keep the pressure on them to drop this ridiculous burden on brewers and farmers that is… http://t.co/38xYHN4ZxY

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  2. HarlemBlueBeer says

    April 9, 2014 at 6:32 pm

    When #brewersSpeak #FDA backtracks on spent grain rule after brewing industry comments – Craft Brewing Business http://t.co/HqHe8ik9uS

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  3. julianmbuck says

    April 9, 2014 at 5:36 pm

    RT @drinkblogrepeat: Glad they’re listening! – FDA backtracks on spent grain rule after brewing industry comments – http://t.co/1QU2SSOOoQ …

    Log in to Reply
  4. ryanselfbeer says

    April 9, 2014 at 5:28 pm

    RT @drinkblogrepeat: Glad they’re listening! – FDA backtracks on spent grain rule after brewing industry comments – http://t.co/1QU2SSOOoQ …

    Log in to Reply
  5. leesnelgrove says

    April 9, 2014 at 4:27 pm

    RT @drinkblogrepeat: Glad they’re listening! – FDA backtracks on spent grain rule after brewing industry comments – http://t.co/1QU2SSOOoQ …

    Log in to Reply
  6. hgbrewhouse says

    April 9, 2014 at 4:19 pm

    @drinkblogrepeat @CraftBrewingBiz maybe they won’t mess this up after all.

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  7. hgbrewhouse says

    April 9, 2014 at 4:18 pm

    RT @drinkblogrepeat: Glad they’re listening! – FDA backtracks on spent grain rule after brewing industry comments – http://t.co/1QU2SSOOoQ …

    Log in to Reply
  8. drinkblogrepeat says

    April 9, 2014 at 3:56 pm

    Glad they’re listening! – FDA backtracks on spent grain rule after brewing industry comments – http://t.co/1QU2SSOOoQ via @craftbrewingbiz

    Log in to Reply
  9. BeerHere2010 says

    April 9, 2014 at 3:49 pm

    FDA reviewing commentary from #craftbeer brewers / BA re conflating sharing spent grains w/ farmers and ‘animal… http://t.co/kBhi2W39z6

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  10. BeerHere2010 says

    April 9, 2014 at 3:33 pm

    BIG difference between ‘anticipating issues’ w/ labeling #craftbeer brewers ‘animal feed mfgs’ and actually ‘listening’/making sensible (to the avg brewer anyway) ‘changes’. Encouraged to remember tho ‘speech is ‘free’, MONEY (eg BIG AGRA) controls the ‘volume’. So…
    stay tuned.

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  11. TheJenBlair says

    April 9, 2014 at 3:11 pm

    Temporary win for brewers. FDA backtracks on spent grain rule after brewing industry comments-Craft Brewing Business http://t.co/zvGbbMexm5

    Log in to Reply
  12. azbeersommelier says

    April 9, 2014 at 11:24 am

    Good news on that spent grain business with the FDA…http://t.co/LsLUBiAvzV

    Log in to Reply
  13. BrewandCovered says

    April 9, 2014 at 11:08 am

    The FDA is going back to the drawing board w its spent grain regulations after response from the brewing industry. http://t.co/XnIXfqficH

    Log in to Reply
  14. Dukester says

    April 8, 2014 at 11:23 am

    @seattlekim @CraftBrewingBiz Took long enough.

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  15. hsofia says

    April 8, 2014 at 10:22 am

    @seattlekim @CraftBrewingBiz GOOD

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  16. seattlekim says

    April 8, 2014 at 10:21 am

    FDA backtracks on spent grain rule after brewing industry comments – Craft Brewing Business http://t.co/h2oAQuigTq via @craftbrewingbiz

    Log in to Reply
  17. Jones' Farm- Home of Bad Bunny Hops says

    April 7, 2014 at 10:22 pm

    Jones’ Farm- Home of Bad Bunny Hops liked this on Facebook.

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  18. April Watson says

    April 7, 2014 at 10:22 pm

    April Watson liked this on Facebook.

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  19. John E Bittermann says

    April 7, 2014 at 6:07 pm

    John E Bittermann liked this on Facebook.

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  20. lawsonkight says

    April 7, 2014 at 3:13 pm

    RT @CollinMcDonnell: I’m cautiously optimistic. RT @CraftBrewingBiz: FDA backtracks on spent grain rule after brewing industry comments htt…

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  21. Gabe Grass says

    April 7, 2014 at 1:37 pm

    Gabe Grass liked this on Facebook.

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  22. rustysredrye23 says

    April 7, 2014 at 1:28 pm

    RT @CraftBrewingBiz: FDA backtracks on spent grain rule after brewing industry comments http://t.co/zxaSJExTay

    Log in to Reply
  23. BeallBreweryIns says

    April 7, 2014 at 1:09 pm

    #FDA is listening to #brewing industry about proposed #SpentGrain regulations http://t.co/10qM4wPnSQ via @CraftBrewingBiz

    Log in to Reply
  24. Morgan Alexander says

    April 7, 2014 at 1:02 pm

    Morgan Alexander liked this on Facebook.

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  25. Rachel Gall says

    April 7, 2014 at 1:02 pm

    Rachel Gall liked this on Facebook.

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  26. Bev Armstrong says

    April 7, 2014 at 1:02 pm

    Bev Armstrong liked this on Facebook.

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  27. CollinMcDonnell says

    April 7, 2014 at 12:45 pm

    I’m cautiously optimistic. RT @CraftBrewingBiz: FDA backtracks on spent grain rule after brewing industry comments http://t.co/54AL1yrabu

    Log in to Reply

Trackbacks

  1. FDA to Revisit Proposed Regulation of Spent Grain - Brewery Law Blog | Insight on Beer Law from the Brewery Attorneys at Miller Nash Graham & Dunn LLP says:
    January 8, 2018 at 6:58 pm

    […] We’re happy to report that FDA seems to be taking note of the brewing industry’s concerns, and is making revisions to the rule. FDA made the following statement: […]

    Log in to Reply
  2. Beer News (April 14–20) says:
    April 21, 2014 at 1:53 pm

    […] Once again, we’ll start with a listicle ‚ 23 things homebrewers are tired of hearing, from Buzzfeed. And here are the NHC first round winners. (I was lucky enough to judge some of these beers at the Austin regionals.) And speaking of beer contests, here’s a behind the scenes look at judging for the WBC. […]

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