A rule proposed under the Food Safety Modernization Act regarding animal feed would unnecessarily limit the centuries-old practice of beer brewers donating or selling their spent grain to farmers and ranchers by classifying them as feed producers, contend the Beer Institute, American Malting Barley Association, the National Milk Producers Federation, and other stakeholders.


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“Brewers’ spent grain exists as a natural and necessary result of the brewing process,” said the Beer Institute in a statement. “For centuries, brewers, large and small, have disposed of their spent grain by giving or selling them to farmers and ranchers. This recycling process supports community green initiatives, but could end if the FDA rule is upheld.”

If the “Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals” is enacted in its current form, some brewers may be forced to throw the feed away, as that will be the less expensive option than complying with the proposed legislation, which could cost a single brewery more than $13 million in one-time and recurring costs, according to the Beer Institute.

“This regulation is onerous and expensive, but really it’s just unnecessary,” said Chris Thorne, spokesman for the Beer Institute, in a statement.

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