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Ashlee-Rose Ferguson: The Regulator Who Hides From Her Own Actions

Ashlee-Rose Ferguson, a public employee of the Washington State Department of Agriculture, has built a track record of making regulatory decisions behind closed doors, then ducking accountability when the consequences emerge. For years, Ms. Ferguson has helped shape regulations through a private corporation, the Association of American Feed Control Officials (AAFCO), while avoiding public transparency. She once gave presentations to AAFCO on “risk factors for raw and frozen pet foods” in the retail space, yet when I requested that she offer the same information to the public in an open forum, she refused. Even more troubling, she has never objected to AAFCO claiming  copyright over regulatory definitions  that are intended to become enforceable law, a move that blocks public access to the very rules citizens are expected to follow. Now, in her latest move, Ms. Ferguson has openly crossed a constitutional line. She has  banned the import of out-of-state raw milk  inte...
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FDA-CVM's Misleading Attempt to Conflate Listening Sessions with Public Rulemaking Meetings

The FDA’s Center for Veterinary Medicine (CVM) is no stranger to public scrutiny, particularly when it comes to the transparency and inclusiveness of its regulatory processes. Recently, the FDA responded to calls for  regular public rulemaking meetings  by pointing to its "listening sessions" as evidence of public engagement. However, this response is deeply flawed and raises concerns about whether the FDA-CVM truly understands—or values—the distinction between  listening sessions  and  public rulemaking meetings . What’s the Difference? Let’s be clear:  listening sessions  and  public rulemaking meetings  are fundamentally different in purpose, structure, and impact. Listening Sessions: Designed to collect public feedback on specific issues. Informal by nature, often involving pre-determined topics and limited discussion opportunities. Do not include deliberation, decision-making, or procedural steps leading directly to new rules or regulati...
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Shocked But Not Shocked By Newest FDA-CVM Admission Re: Salmonella

A recent FOIA request has forced FDA-CVM to admit facts many already suspected. In 2020, records were requested from FDA-CVM for "all records from FDA for cases where dogs or cats are confirmed to have died from salmonella after eating raw dog or raw cat food." The date range for the request for records was January 2017 through December 2019. Three years later in May 2023, FDA responded stating, "The Center For Veterinary Medicine has conducted a search and did not locate any records responsive to your request."  Shocking. FDA-CVM has conducted an outright war against the raw pet food sector over the past five years. There are several issues with FDA-CVM's approach with a "zero tolerance policy." First, FDA-CVM considers even "non pathogenic" salmonella to be an "adulterant" for pet food. This means that even if the salmonella serotype is benign or known to be a serotype that will likely never cause a health issue to humans or pets,...
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FDA Finally To Hold Public Meeting About Their Involvement In Private Corporation "AAFCO"

After years and a growing amount of citizen petitions from members of the public, FDA is holding a "virtual public meeting" on February 9, 2023 to discuss their ongoing relationship with AAFCO. As we know, AAFCO is a collection of public regulators who FDA refers to as their "regulatory partners". These public regulators are creating regulations and law in private, and those regulations are specifically designed for products in FDA regulatory jurisdiction. In addition to holding the public meeting, FDA is accepting electronic or written comments through March 9, 2023. To electronically submit comments to the docket, visit regulations.gov and type “FDA-2022-N-3122” in the search box. While calendar records reveal FDA-CVM employees found an abundance of time to personally meet with lobbying groups over the years, many citizens have reported that FDA-CVM has completely ignored dozens (or possibly hundreds) of their questions over the past few years. For those that have...
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FOIA Request Reveals Severe Lack Of FDA-CVM Records On HPP

Years ago, I had a back and forth with FDA where the media department refused to specific whether "raw" pet food that had been subjected to HPP (high pressure pasteurization) had been subjected to a kill step or not. The FDA stated "HPP can be a kill step when effectively done, however, it must be properly validated to confirm the effectiveness in a pet food product. " I then asked FDA: Please define or provide me documents on "when effectively done" means as per FDA.  What does FDA deem to be properly validated to confirm the effectiveness in a pet food product? Does FDA approve a pet food company's use as HPP as effective or non effective before they implement this in their foods? After FDA-CVM refused to provide me further information, I filed a FOIA request with the agency for records on this matter. I eventually had to sue the agency under FOIA law, and force the agency to comply with my FOIA request. Years later, I finally have what FDA-CVM is st...
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My Senate Testimony RE: 2023 Budget Request By FDA-CVM For Additional $48 Million

April 12, 2022 To: United States Senate Committee On Appropriations  Re: the U.S. Food and Drug Administration's fiscal year 2023 budget (the following was submitted to agri@appro.senate.gov, and Angela_Caalim@appro.senate.gov was cc'd.) Daily, I am attempting to be a proactive citizen and exercise the right all Americans are told we should be proud of...which include our being a government "by the people". While I don't disagree that democracy is "messy", what democracy shouldn't be is government against the people.  In my experience over the years, that is what I have faced. I and what appears to be many others, are still facing FDA-CVM battle against us in completely unnecessary ways. I wish to testify about this regarding FDA asking for billions in their new budget.  FDA-Center for Veterinary Medicine (FDA-CVM) holds no regular public meetings when it comes to promulgating regulations for the pet food industry. FDA-CVM instead "sits on the b...
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How To Submit Comment Re: FDA (FDA-CVM) 2023 budget

FDA-CVM is continuing their refusal to properly address various longstanding, and rectifiable issues. In their " 2023   Justification of Estimates for Appropriations Committees ", FDA writes glowingly about FDA-CVM regulatory actions. (FDA-CVM related material starts on page 172 https://www.fda.gov/media/157192/download).  FDA-CVM has continuously stated it can't meet its obligations under FOIA law because of "resources". FDA-CVM has also stated it doesn't have the resources to hold regular, public meetings. In its request for " $43 million in additional investments in food safety modernization, including animal food safety oversight ", FOIA is not mentioned. Public meetings are not mentioned. FDA-CVM does not make it known that there is significant interest from the public in these areas. The agency simply ignores the issues.  Part of my argument over the years is that FDA-CVM doesn't want, nor do they care to fix these issues. I believe part ...
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