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FDA rule regulates spent grain sold as animal feed

February 4, 2014Chris Crowell

Barley-Back-Old-Grain-New-Brews

UPDATE September 2014: Spent grain is NOT going to be regulated by new animal feed rules, says FDA

Entrepreneurial, eco-conscious craft brewers across the country have found a side business of selling or just giving the spent grain from their production process to local farms to feed livestock. It’s a great practice, but one that might be more complicated soon.

Back in October 2013, the Food and Drug Administration (FDA) proposed a rule to establish best practices for manufacturing animal feed. Under this definition, craft breweries would be labeled animal feed manufacturers and be regulated as such by the FDA. In fact, breweries are specifically called out within a subsection:

“For example, FDA understands that many breweries and distilleries sell spent grains, such as brewers dried grains and distillers dried grains, as animal food. Because those spent grains are not alcoholic beverages themselves, and they are not in a prepackaged form that prevents any direct human contact with the food, the Agency tentatively concludes that subpart C of this proposed rule would apply to them.”

Each facility would be required to prepare and implement a written food safety plan, which is essentially a long list of checks and balances and re-checks and re-balances. They are in the rule as follows:

Hazard analysis — This would identify and evaluate known or reasonably foreseeable hazards for each type of animal food manufactured, processed, packed or held at the facility.

Preventive controls — These are to provide assurances that hazards that reasonably likely to occur would be significantly minimized or prevented. These would address, for example, animal food processing, prevention of cross-contamination and sanitation affecting animal food safety. A recall plan would also be required.

Monitoring — Procedures that would provide assurance that preventive controls are consistently performed and records to document the monitoring.

Corrective actions — Facilities would be required to correct problems and minimize the likelihood of reoccurrence, evaluate the animal food for safety and prevent affected animal food from entering commerce.

Verification — Activities that ensure preventive controls are consistently implemented are effective. These might include records review of monitoring, correction actions or instrument calibration. Preventive controls would also be required to be validated to ensure they are effective in controlling the hazard. In addition, the food safety plan must be reassessed at least every three years.

Recordkeeping — Firms would be required to keep a written food safety plan, including hazard analysis. They would be required to keep records of preventive controls, monitoring, corrective actions and verification procedures.

There is a potential small business exception on the table that would exclude companies that fall within a $500,000 to $2.5 million sales window. Craft breweries should keep an eye on this, dig into the rule if they wish, and perhaps make a comment by the Feb. 26 deadline.

Do you give away or sell your spent grain, currently? Would new rules prevent you from doing so in the future?

spent grain regulation
FDA backtracks on spent grain rule after brewing industry comments
FDA revises spent grain rule
Spent grain is NOT going to be regulated by new animal feed rules, says FDA
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Reader Interactions

Comments

  1. janinda says

    February 8, 2014 at 8:14 pm

    RT @BrewersLaw: #Breweries & #distilleries may have to stop selling spent grains unless they comply with FDA rules. #grainlaw http://t.co/p…

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  2. BrewersLaw says

    February 8, 2014 at 8:11 pm

    #Breweries & #distilleries may have to stop selling spent grains unless they comply with FDA rules. #grainlaw http://t.co/pwzzYzesxd

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  3. beerincanada says

    February 8, 2014 at 7:41 pm

    RT @TweeterPete: It makes sense..if all other feed manufacturers have to do it, why shouldn’t breweries?…compost it at least! http://t.c…

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  4. HughesBrews says

    February 8, 2014 at 10:46 am

    Great comments from @beerinstitute on FDA’s proposed rule change for brewers spent grain. @CraftBrewingBiz #craftbeer http://t.co/O6YvShcwxX

    Log in to Reply
  5. dastone16 says

    February 8, 2014 at 8:38 am

    [email protected]_BEER leave it to the govt to eliminate a voluntary transaction beneficial to all sides. http://t.co/pzmjJtL1VA

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  6. rustysredrye23 says

    February 8, 2014 at 7:52 am

    FDA rule regulates spent grain sold as animal feed http://t.co/7BlN01L4k0

    Log in to Reply
  7. YevragBelac says

    February 8, 2014 at 7:30 am

    RT @blahblah_BEER: Breweries that give spent grain 2 farmers could be labeled animal feed manufacturers & regulated as such by the FDA. htt…

    Log in to Reply
  8. blahblah_BEER says

    February 8, 2014 at 12:31 am

    Breweries that give spent grain 2 farmers could be labeled animal feed manufacturers & regulated as such by the FDA. http://t.co/FtlYqc9Wew

    Log in to Reply
  9. MidwestBeerBlog says

    February 8, 2014 at 12:24 am

    RT @HughesBrews: Proposed FDA rule hopes to regulate brewers’ spent grain that is sold as animal feed. #craftbeer http://t.co/WihT8EqARG vi…

    Log in to Reply
  10. HughesBrews says

    February 7, 2014 at 11:36 pm

    Proposed FDA rule hopes to regulate brewers’ spent grain that is sold as animal feed. #craftbeer http://t.co/WihT8EqARG via @craftbrewingbiz

    Log in to Reply
  11. ex_nerd says

    February 7, 2014 at 11:14 pm

    RT @beerblog: Should craft brewers be labeled as animal feed manufacturers & regulated as such by FDA? @CraftBrewingBiz article. http://t.c…

    Log in to Reply
  12. SchwartzEmilyG says

    February 7, 2014 at 1:30 pm

    RT @RiverCityRed: We give our spent grain to a pig farmer to supplement feed. We think better than garbage but new FDA regs may stop: http:…

    Log in to Reply
  13. sargasso741 says

    February 7, 2014 at 12:10 pm

    Thanks Big Brother!… http://t.co/Iy36cXkUOs

    Log in to Reply
  14. TheBeerTrekker says

    February 7, 2014 at 10:21 am

    Let’s make it more difficult, why don’t we?
    FDA rule regulates spent grain sold as animal feed-Craft Brewing Business http://t.co/oa0vADhSnA

    Log in to Reply
  15. DenverBeerGuy says

    February 7, 2014 at 5:09 am

    RT @TheOrtiz01: More possible government red tape for craft brewers. http://t.co/MfwwbwFA8g

    Log in to Reply
  16. TheOrtiz01 says

    February 7, 2014 at 5:03 am

    More possible government red tape for craft brewers. http://t.co/MfwwbwFA8g

    Log in to Reply
  17. FeistySpirits says

    February 6, 2014 at 4:11 pm

    Annoying government interference or good food safety policy? Rules for brewer’s & distiller’s spent grains as feed http://t.co/2hyG4CQEzA

    Log in to Reply
  18. DylanWohlenhaus says

    February 6, 2014 at 3:53 pm

    Interesting MT @RiverCityRed: We give spent grain to a pig farmer. Better than garbage. New FDA regs may stop that: http://t.co/dultFIKBLx

    Log in to Reply
  19. _ArtisanSpirit says

    February 6, 2014 at 3:46 pm

    RT @RiverCityRed: We give our spent grain to a pig farmer to supplement feed. We think better than garbage but new FDA regs may stop: http:…

    Log in to Reply
  20. RiverCityRed says

    February 6, 2014 at 3:40 pm

    We give our spent grain to a pig farmer to supplement feed. We think better than garbage but new FDA regs may stop: http://t.co/YFCfxKlF1m

    Log in to Reply
  21. bakersbark says

    February 6, 2014 at 3:13 pm

    As if craft brewers didn’t alreay have enough red tape: FDA rule regulates spent grain sold as animal feed http://t.co/WQDtTLvBtM #craftbeer

    Log in to Reply
  22. DenverBeerGuy says

    February 6, 2014 at 2:29 pm

    RT @beerblog: Should craft brewers be labeled as animal feed manufacturers & regulated as such by FDA? @CraftBrewingBiz article. http://t.c…

    Log in to Reply
  23. beerblog says

    February 6, 2014 at 2:20 pm

    Should craft brewers be labeled as animal feed manufacturers & regulated as such by FDA? @CraftBrewingBiz article. http://t.co/6333yeba3D

    Log in to Reply
  24. BeerLawCenter says

    February 6, 2014 at 1:20 pm

    FDA rule regulates spent grain sold as animal feed – @CraftBrewingBiz http://t.co/Sr4iZ1PYJR

    Log in to Reply
  25. Gruvis_Hops says

    February 6, 2014 at 11:27 am

    Leave it to gov. to ruin perfect harmony btwn local producers: brewers & farmers http://t.co/w1KNkI3RvE

    Log in to Reply
  26. TeeJayJewell says

    February 6, 2014 at 9:25 am

    RT @BrewandCovered: Brewers have a side business selling/giving spent grain to local farms. It might be more complicated soon. http://t.co/…

    Log in to Reply
  27. BrewersLaw says

    February 6, 2014 at 9:07 am

    RT @BrewandCovered: Brewers have a side business selling/giving spent grain to local farms. It might be more complicated soon. http://t.co/…

    Log in to Reply
  28. BrewandCovered says

    February 6, 2014 at 9:05 am

    Brewers have a side business selling/giving spent grain to local farms. It might be more complicated soon. http://t.co/OM9jMTGRDK

    Log in to Reply
  29. VarnerOffline says

    February 6, 2014 at 8:01 am

    Well this is about the dumbest thing ever! Whatever happened to the government encouraging going green? #craftbeer http://t.co/DlQnERajxK

    Log in to Reply
  30. BavarianAF says

    February 6, 2014 at 6:03 am

    This seems like tremendous governmental overreach for a practice that should be a “win-win” for everyone. Have… http://t.co/P0NEmdkDM2

    Log in to Reply
  31. bwestcott says

    February 6, 2014 at 12:47 am

    RT @mouldsbeerblog: Brewers selling/giving spent grain to farmers may not be so easy in the future – via @CraftBrewingBiz http://t.co/T2l4S…

    Log in to Reply
  32. WendyLynnDay says

    February 5, 2014 at 11:05 pm

    “@ChrisYMcCoy: Govt is stupid H/T @jengratz FDA rule regulates spent grain sold as animal feed EVEN GIVEN AWAY http://t.co/RBIMLpcZld”

    Log in to Reply
  33. ChrisYMcCoy says

    February 5, 2014 at 10:55 pm

    Govt is stupid H/T @jengratz FDA rule regulates spent grain sold as animal feed EVEN GIVEN AWAY http://t.co/xfcCuSQh6e

    Log in to Reply
  34. TweeterPete says

    February 5, 2014 at 9:43 pm

    It makes sense..if all other feed manufacturers have to do it, why shouldn’t breweries?…compost it at least! http://t.co/xfgNXsARQz

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  35. EastEndBrewing says

    February 5, 2014 at 8:22 pm

    @CraftPittsburgh Kinda makes sense. In these parts though, it’s usually given and not sold. @petolo_el_loco @craftbrewingbiz

    Log in to Reply
  36. MarcusBrais says

    February 5, 2014 at 8:08 pm

    RT @mouldsbeerblog: Brewers selling/giving spent grain to farmers may not be so easy in the future – via @CraftBrewingBiz http://t.co/T2l4S…

    Log in to Reply
  37. nicolebarry204 says

    February 5, 2014 at 7:40 pm

    RT @mouldsbeerblog: Brewers selling/giving spent grain to farmers may not be so easy in the future – via @CraftBrewingBiz http://t.co/T2l4S…

    Log in to Reply
  38. CraftPittsburgh says

    February 5, 2014 at 7:34 pm

    [email protected] MT @petolo_el_loco: FDA rule regulates spent grain sold as animal feed – http://t.co/oeYvxFAO3f via @craftbrewingbiz

    Log in to Reply
  39. VTjawo says

    February 5, 2014 at 7:10 pm

    RT @melloknows: Potential FDA rules on brewery spent grain may lead to a lot less happy cows in the future: http://t.co/1glxxKgMeT

    Log in to Reply
  40. petolo_el_loco says

    February 5, 2014 at 5:17 pm

    FDA rule regulates spent grain sold as animal feed – Craft Brewing Business http://t.co/aCKJlh7Ceo via @craftbrewingbiz

    Log in to Reply
  41. beermusingskris says

    February 5, 2014 at 5:16 pm

    @Dukester @CraftBrewingBiz I wasn’t aware it was “sold”; I thought it was “I give it to you so I don’t have to pay for disposal”

    Log in to Reply
  42. melloknows says

    February 5, 2014 at 4:41 pm

    Potential FDA rules on brewery spent grain may lead to a lot less happy cows in the future: http://t.co/1glxxKgMeT

    Log in to Reply
  43. Portland_Beer says

    February 5, 2014 at 4:10 pm

    RT @Dukester: Proposed FDA rule would regulate spent grain sold as animal feed to farmers. http://t.co/LhxZ8fHn9x via @CraftBrewingBiz #cra…

    Log in to Reply
  44. KenMcDermott says

    February 5, 2014 at 3:44 pm

    Brewers selling spent grains might be impacted by proposed FDA rule – note poss. small business exemption though http://t.co/iwtowvh3C6

    Log in to Reply
  45. Dukester says

    February 5, 2014 at 3:42 pm

    Proposed FDA rule would regulate spent grain sold as animal feed to farmers. http://t.co/LhxZ8fHn9x via @CraftBrewingBiz #craftbeer

    Log in to Reply
  46. JoshuaHBCO says

    February 5, 2014 at 2:44 pm

    FDA rule regulates spent grain sold as animal feed – Craft Brewing Business http://t.co/21EqKts30L

    Log in to Reply
  47. itsFL4GSH1P says

    February 5, 2014 at 2:08 pm

    RT @Homebrewchef: Spent Grain: http://t.co/IRMzOOvLFI

    Log in to Reply
  48. curtischism says

    February 5, 2014 at 2:03 pm

    RT @BSGPeter: New rules could be changing the game for breweries sending spent grain to cattle farmers. http://t.co/tXgDpDA2fE

    Log in to Reply
  49. brewess99 says

    February 5, 2014 at 2:01 pm

    RT @Homebrewchef: Spent Grain: http://t.co/IRMzOOvLFI

    Log in to Reply
  50. Brookston says

    February 5, 2014 at 1:59 pm

    RT @Homebrewchef: Spent Grain: http://t.co/IRMzOOvLFI

    Log in to Reply
  51. Homebrewchef says

    February 5, 2014 at 1:51 pm

    Spent Grain: http://t.co/IRMzOOvLFI

    Log in to Reply
  52. csvanorden says

    February 5, 2014 at 11:06 am

    No joke. Interested in the exemption too. RT @justjptweet: This is certainly some to keep an eye on: http://t.co/k12xomF1gh h/t @AleGrrl –

    Log in to Reply
  53. rustysredrye23 says

    February 5, 2014 at 10:42 am

    FDA rule regulates spent grain sold as animal feed http://t.co/VsDwRoymsJ

    Log in to Reply
  54. justjptweet says

    February 5, 2014 at 10:39 am

    This is certainly some to keep an eye on: http://t.co/O5ejYA6JhS h/t @AleGrrl

    Log in to Reply
  55. mouldsbeerblog says

    February 4, 2014 at 8:51 pm

    Brewers selling/giving spent grain to farmers may not be so easy in the future – via @CraftBrewingBiz http://t.co/T2l4SJQOdc

    Log in to Reply
  56. maureenogle says

    February 4, 2014 at 8:28 pm

    Yo, beer people: True? RT @BSGPeter: New rules cd change game for breweries sending spent grain to cattle farmers. http://t.co/3I9xhSOiEp

    Log in to Reply
  57. AHCallaghan says

    February 4, 2014 at 7:18 pm

    RT @BSGPeter: New rules could be changing the game for breweries sending spent grain to cattle farmers. http://t.co/tXgDpDA2fE

    Log in to Reply
  58. CollinMcDonnell says

    February 4, 2014 at 5:44 pm

    RT @BSGPeter: New rules could be changing the game for breweries sending spent grain to cattle farmers. http://t.co/tXgDpDA2fE

    Log in to Reply
  59. BSGPeter says

    February 4, 2014 at 5:41 pm

    New rules could be changing the game for breweries sending spent grain to cattle farmers. http://t.co/tXgDpDA2fE

    Log in to Reply
  60. GreatArtisanBev says

    February 4, 2014 at 4:41 pm

    Interesting…Do you sell or give away your spent grain to farmers?? http://t.co/ZtuF3RG3KB

    Log in to Reply
  61. jaredopfer says

    February 4, 2014 at 2:28 pm

    What you say @ChadLensman http://t.co/074ZhwDnwp

    Log in to Reply
  62. HSRDDY73 says

    February 4, 2014 at 2:24 pm

    RT @CraftBrewingBiz: FDA rule regulates spent grain sold as animal feed: http://t.co/jPRsYlyoEo Will this affect your craft brewery?

    Log in to Reply
  63. CMosebach says

    February 4, 2014 at 2:01 pm

    @Weyerbacher @WeyerbacherHB http://t.co/gI5RGrmulE

    Log in to Reply
  64. codymyersmiller says

    February 4, 2014 at 1:48 pm

    RT @BSGJakeKeeler: Important news for breweries selling their spent grain as animal feed: http://t.co/3yBGZASx6a @CraftBrewingBiz

    Log in to Reply
  65. BSGJakeKeeler says

    February 4, 2014 at 1:41 pm

    Important news for breweries selling their spent grain as animal feed: http://t.co/3yBGZASx6a @CraftBrewingBiz

    Log in to Reply
  66. realfoodorg says

    February 4, 2014 at 1:12 pm

    RT @KalispellBrew: RT @CraftBrewingBiz: FDA rule regulates spent grain sold as animal feed: http://t.co/8CJUVUgt7m Will this affect your c…

    Log in to Reply
  67. mikejopek says

    February 4, 2014 at 1:04 pm

    RT @KalispellBrew: RT @CraftBrewingBiz: FDA rule regulates spent grain sold as animal feed: http://t.co/8CJUVUgt7m Will this affect your c…

    Log in to Reply
  68. KalispellBrew says

    February 4, 2014 at 12:59 pm

    RT @CraftBrewingBiz: FDA rule regulates spent grain sold as animal feed: http://t.co/8CJUVUgt7m Will this affect your craft brewery?

    Log in to Reply
  69. ferndockbrewing says

    February 4, 2014 at 12:34 pm

    RT @CraftBrewingBiz: FDA rule regulates spent grain sold as animal feed: http://t.co/jPRsYlyoEo Will this affect your craft brewery?

    Log in to Reply

Trackbacks

  1. Episode 43 - Kyle Pederson - West Coast Beer Industry Veteran says:
    June 19, 2014 at 10:28 am

    […] In our news segment we share some interesting stories about Greg Koch the CEO of Stone Brewing making an appearance on Food Network’s Chopped, Wicked Weed Brewing celebrating the release of their first bottles, and an FDA rule change about spent grain. […]

    Log in to Reply
  2. Animal Feed | Daily Beer Lesson says:
    May 19, 2014 at 6:25 pm

    […] https://www.craftbrewingbusiness.com/news/fda-rule-regulates-spent-grain-sold-animal-feed/ […]

    Log in to Reply
  3. Another Use For Spent Grain | Redneck Brewing says:
    April 23, 2014 at 11:18 pm

    […] there’s a whole slew of useful things that it’s good for.  Compost, livestock feed (though that may change if the FDA gets their way), and making tasty bread are but a few.  While I’ve made quite a few batches of spent grain […]

    Log in to Reply
  4. Trouble Brewing in Proposed FDA Regulations | Girl Gone Farming says:
    March 29, 2014 at 12:40 pm

    […] FDA Rule Regulates Spent Grain Sold as Animal Feed (Craft Brewing Business) […]

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  5. FDA Seeks To Reregulate a Regulatory Regulation | Seattle News says:
    March 27, 2014 at 4:29 am

    […] Read more on craftbrewingbusiness.com: https://www.craftbrewingbusiness.com/news/fda-rule-regulates-spent-grain-sold-animal-feed/ […]

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  6. 5 Issues Craft Beer Drinkers Should Be Talking About | Recipes Pinboard says:
    February 25, 2014 at 7:01 pm

    […] local farmers for animal feed is common practice, but it could get more complicated as there are proposed rules from the Food and Drug Administration under the Food Safety Modernization Act to regulate […]

    Log in to Reply
  7. Episode 43 – Kyle Pederson, West Coast Beer Industry Veteran | Tales From the Cask says:
    February 21, 2014 at 3:00 pm

    […] In our news segment we share some interesting stories about Greg Koch the CEO of Stone Brewing making an appearance on Food Network’s Chopped, Wicked Weed Brewing celebrating the release of their first bottles, and an FDA rule change about spent grain. […]

    Log in to Reply

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