FDA Pinpoints Suspected Seller of Wheat Gluten

UPDATE 5:40pm Pacific: USAToday points out confusion among experts and consumers. Melamine toxicity is being disputed by many sources, leaving customers to wonder when the smoking gun will be found.

Also, the NY lab that found aminopterin is continuing to stand by its findings.

XZAYFDA just issued this warning against the import of specific wheat gluten from a maker in China. The full name of the company is: Xuzhou Anying Biologic Technology Development Company Ltd. This company also exports wheat flour, cornstarch, sweet potato starch, protein powder, zinc oxide, carrots, garlic, ginger, and other agricultural products. (Web site)

This is the only known source of contamination identified by the FDA. Unfortunately, this was never released to the media from what we can gather.

If anyone else is using supplies from this company (for human or pet consumption), they should contact the FDA ASAP.

In the alert, the FDA has now authorized the quarantine or dentention of any wheat gluten from this specific company in China and passed through the Netherlands (a transit point) without the need to inspect it. Basically preventing the supply from getting into any food stream.

Judging by the date (3/30) we suspect that this definitive action labeling this supply wheat gluten as “poisonous” is what prompted many other makers from issuing their “voluntary recalls” last Friday. After all, legally speaking, their hands were now tied.

(Thanks to Gina at Pet Connection)

Full FDA alert after the jump.


TYPE OF ALERT: Detention Without Physical Examination

(Note: This import alert represents the Agency’s current guidance to FDA field personnel
regarding the manufacturer(s) and/or products(s) at issue. It does not create or confer any
rights for or on any person, and does not operate to bind FDA or the public).

PRODUCT: Wheat Gluten

CODES: 02F[][]08 Wheat gluten
02E[][]06 - Wheat flour gluten
71M[][]01 wheat gluten

PROBLEMS: Poisonous or deleterious substance
Unsafe food additive



COUNTRY: See Attachment

FEI#: See Attachment

CHARGES: The article is subject to refusal of admission pursuant to section 801(a)(3)in that it
appears to bear or contain a poisonous or deleterious substance, which may render it
injurious to health [Adulteration, section 402(a)(1)]” (Oasis Charge Code;


The article is subject to refusal of admission pursuant to section 801(a)(3)in that it
appears to bear or contain a food additive that is unsafe within the meaning of section 409
[Adulteration, section 402(a)(2)(C)(i)]”
(Oasis Charge Code: UNSAFE ADD)

OFFICE: Division of Compliance, CVM (HFV-230)

ALERT: In March 2007, FDA became aware of the illness and death of cats and dogs associated
with certain pet food. Subsequently, samples of the implicated pet food were analyzed
and found to contain melamine. The consumption of pet food containing melamine may
be associated with acute renal failure in cats. Investigations have revealed that the source
of the melamine was wheat gluten which is an ingredient in the pet food. The attachment
to this alert includes manufacturers whose wheat gluten products have been found to
contain melamine.

GUIDANCE: Districts may detain without physical examination, products offered for importation from
manufacturers and shippers listed in the Attachment to this import alert. Report wheat
gluten samples found positive for melamine to Cathie Marshall, CVM, Division of
Compliance, HFV-232, at (240) 276-9217.

Appropriate screening criteria have been set for wheat gluten from China and the
Netherlands, as a country through which transshipping of Chinese wheat gluten may
occur. Sampling has been recommended. Recommendations for detention without
physical examination of firms with violative product should be forwarded to DIOP, HFC-

For questions or issues concerning science, science policy, sample collection, analysis,
preparation, or analytical methodology, contact Tom Savage, Division of Field Science,
at 301-827-1026.

To enable the agency to assess whether the firm has identified the source of the problem,
and has taken the appropriate steps to correct and prevent future occurrences, FDA
recommends that a firm requesting removal from detention without physical examination
provide the following information:

1. a. Results of the firm’s investigation(s) into the problem of melamine

b. Documentation showing corrective action(s)such as:

i. a description of the process(es) currently being used
ii. verification that the process is adequate
iii. measures that have been taken to prevent recontamination

c. Copies of three (3) production records showing the process, quantities
processed, lot numbers and dates of processing.


d. Documentation showing that a minimum of five (5) consecutive entries
have been released by FDA based on third party laboratory analyses
that show the shipments of wheat gluten do not contain melamine.

All requests for removal from DWPE should be forwarded to
DIOP,(HFC-170) which in turn will forward the requests to CVM
(HFV-230) for evaluation.


FOI: No purging required

KEYWORDS: Feed, pet food, melamine, wheat gluten

PREPARED BY: Cathie Marshall, CVM, HFV-232, 240-276-9217 and
Linda Wisniowski, DIOP, HFC-172, 301-443-6553

INTO FIARS: March 30, 2007

Firms and products currently under detention without physical examination


Firm: Date DWPE Product /Code:

Xuzhou Anying Biologic Technology 3/30/07 Wheat gluten
Development Company Ltd. 02F[][]08
Wangdian Industrial Zone,
Peixian, CN-32, China 221623
FEI# 2000023594

41 Responses to “FDA Pinpoints Suspected Seller of Wheat Gluten”

  1. Pet Connection Blog » Pet food recall: What have we here? says:

    […] Here’s something a reader just pointed out on the FDA Web site. If it’s an April Fool’s Joke, it ain’t funny: IA #99-26, IMPORT ALERT #99-26, “DETENTION WITHOUT PHYSICAL EXAMINATION AND INTENSIFIED COVERAGE OF WHEAT GLUTEN DUE TO THE PRESENCE OF MELAMINE” Update: Itchmo, I knew you wouldn’t let us down. Background and details here. […]

  2. Steve says:

    This is really getting ugly.

  3. elizabeth says:

    With this published alert progress IS being made. US companies and Chinese companies are finally being put on notice that this is serious. But it is not nearly enough. If we can ban ALL beef from countries with one case of documented mad cow shouldn’t we be able to ban ALL grain products from China based on this documented poison? I don’t want Chinese grain products inspected before entry into the US. I don’t want it allowed here Period.

  4. Anonymous says:

    This is on their home page….
    “Our company sticks to the tenet of “Sincere and Keeping Promise” and “Putting Quality at the First Place” and has won the title of “Sincere and Keeping Promise” for many times by Consumer Association.”

    Very scary.

  5. Jonathan says:

    What would you bet we can’t even sue them. I bet there is no accountabililty what so ever for companies in China.

  6. Steve says:

    The point still is that Menu and others failed to test and inspect this product upon arrival at their facilities. If they had done so they would have rejected it.

    Or would they?

  7. Nikki says:

    What Steve said. This is consistent with the allegations of poor QC at the Kansas plant, as reported by a former employee of Menu Foods. (see headline entry at www.howl911.com, “Through the Grapevine”

  8. Deeni says:

    Anyone know if it was genetically modified wheat that was used? Might be a reason why they’re having so many problems with the testing??

    Why hasn’t the U.S. distributor been named? How do we know it hasn’t gotten into the human food chain?

    The way this is being handled by agencies that are paid for by taxpayers is disgusting on both sides of the border. Haven’t heard too many comments coming from Canadian politicians.

    This whole incident feels like a punch to the gut. My little one is alright but this toxin could have been in any pet food. No amount of money can compensate for a loss of a family member.

    Thank you for this forum.

  9. Traci says:

    Thanks to the google system for this one: I tried googling the news with the entire company name. Nothing, but I was asked “did you mean Xuzhou Annoying Biologic Technology Development Company Ltd?”

  10. Lynn Summers says:

    Per http://www.alibaba.com/company/10926883.html

    The company listed [Xuzhou Anying Biologic Technology Development Co Ltd] on the FDA FRIARS 99-26 holds certificates in ISO 9001:2000 and HACCP EC-01 quality management. Who’s certifying these companies?

    Established in 1997; Employs 50-100; US revenue between $2.5-5.5M USD.
    The company named is involved with wheat gluten, wheat flour, corn starch, sweet potato starch, and agricultural by-products. It appears they do not limit their sales to pet products.

    Are there any other companies named on the attachment of the FDA notice?

    I think Deeni has a valid question regarding genetically modifying their products, thus causing difficulty in testing.

  11. Lynn Summers says:

    Check out this FDA website http://www.fda.gov/ora/fiars/o.....st_99.html

    Notice how many notices the FDA issued/revised just in the last week.

    Keep hacking away, FDA.

  12. Marcia says:

    Good God!! This needs to be front page news on CNN and MSNBC and every other network and newspaper!!!

  13. Kim says:

    You’d think Marcia, you’d think.

  14. Bertha says:

    I’d like to know why this country is importing ANY food products from other countries? Don’t WE have enough farmland here to grow our own?

    Who’s brilliant idea was this to begin with??

  15. Kathy Thompson says:

    I’m sure it is all WTO’s idea in the first place. And don’t forget, everything is just about the money.

  16. Elaine says:

    Bertha: I asked myself the same thing and decided to find the answer from the makers of the food I feed my cats, Del Monte, via email. See entire text of my email:”It is very upsetting that with all the natural resources in this country, the people that we trust with our food products, and that of our pet’s, decide to go to foreign countries for the material to make those foods. Knowing full well that those countries do not regulate as we do. I guess a penny saved is worth the lives of our pets and perhaps even humans as far as corporations are concerned. I am asking you now and want the answer in writing so I can share it with a large community of pet owners online: Do you use ANY imported materials in your food products? I don’t mean just wheat gluten, I mean ANY. Please answer my question. Thank you”.

  17. Laurie says:

    This is highly disturbing. This company sells this very same wheat gluten for Human “foodstuff” as well as animal “feed additive”.

    The following is cut and pasted from their website at their address below:


    Vital Wheat Gluten

    Brief Introdction:

    wheat gluten meal is also named vital wheat gluten. The flour is used as its raw material, and from which extracts a light brown natural grain powder through intensively processing. It is a good solubles protein, containing fifteen amino acid essential for human body. After all, it can yet be regarded as a plant protein food looking good, smelling good and tasting good. It is the basic raw material of high-grade aquatic food.

  18. Lil Bear's Momma says:

    Bertha, the gov pays the farmers not to grow wheat…it’s called subsidies…they can make more money not growing wheat then growing it so why work that hard if the gov will just write them a check? Also, with gas prices and other costs they can’t make a decent living farming anymore, at least not with China and other countries undercutting their prices…
    Ah, globalism and free trade agreements……lots of money for the big guys but the rest of us will suffer the consequences…

    The only ones making any money are the huge factory farms and most of those are owned by foreigners…..

  19. Bertha says:

    I can’t vouch for this company, it came up with a Google search:


    Has anyone used them?

  20. keenisar says:

    I’m not real keen on the language, can someone please decipher “ESB” or will the FDA and the Petfood Industry utalize their ESP and find this technology in the gluten too, by next Friday?

    From their website “Necessity” page.

    “China is a big country of agriculture; the people”s life is improving along with the development of social and need more meat, and egg and mild. But for the high price of protein feed it improves the cost and decreases the benefit, which results in the pasturage develope slowly. “ESB Biologic Protein Meal” settles the tableau of the protein resource in China, it decreases the cost of feed and improves the integral benefit and boosts the pasturage integral development of China. So developing the item is very necessary in this form.”

    From their monograph page

    “ESB Biologic Protein Meal” is developed and produced by Xuzhou Anying Biologic Technology Development Co., Ltd. and applied the patent of “Protection of produce”. The product is sold at home and abroad and exported to Southeast Asia and Europe; it also will bring about revolutionary effect. “ESB Biologic Protein Meal” is a kind of high protein substance by mixing coin protein and NPN and using high biologic technology. It is the high protein feed, the crude protein: CP160%-CP300%. “ESB Biologic Protein Meal” has no flavor and has no coolness, torpidity, cayenne; it has no contamination of chemistry and drug. It is safe; nonpoisonous, without bad reaction.”

  21. keenisar says:

    The Alibaba market which lists them sure does offer an abundant assortment of melamine!

  22. G.K. says:

    “it has no contamination of chemistry and drug. It is safe; nonpoisonous, without bad reaction.”

    Y’know.. if the induction of acute renal failure doesn’t qualify as ‘bad reaction’, I’d hate to see what does.

  23. Erv Server says:

    “Established in 1997; Employs 50-100; US revenue between $2.5-5.5M USD.”

    I would consider this a mom n pop company, certainly not a major export company doing business globally.

  24. E. Hamilton says:

    The FDA cannot be relied upon to tell the truth.
    The FDA did not announce this to Vets and pet owners or the news media.
    IT was buried on their site and a pet parent dug it out!
    How many times have you seen the lie that the FDA tells about how many pets are dead, ill, dying?
    The FDA is lying.
    The media is ignoring this.
    The fix is in.

  25. SHO-LO Schnauzers says:

    My Family lost our cat, “Georgie”, in Jan.’07. We knew at this time, it was from “poisoning”, but could not identify the source. We had been feeding “Special Kitty” foil-type pouches all along. Additionally, my Family got to watch 3 of our BELOVED Mini Schnauzers die this past week; HORRIBLE PAINFUL DEATHS! ( At that time, their food was NOT on the recall list, and even our VET did NOT KNOW the ramifications of what is TRUELY going on with our food-supply here in the USA) My 13 yr old daughter’s companion “Bunky” died in her arms several days ago…..He was 6 months old; a BEAUTIFUL Black male Mini-with a BEAUTIFUL heart and soul to match! He hung on to this world with all of his might!!!! He wouldn’t “go” until my daughter told him it was ok, he didn’t have to fight the pain anymore-and that she would see him on the other side. Her Birthday is a couple of days away, she will forever associate her birthday with Bunky’s passing and the HORROR of it all. We were feeding Ol’ Roy DRY, and Ol’ Roy treats. ( from Delmonte’s new “VOLUNTARY” recall) I WILL NEVER BUY COMMERCIAL FOODS AGAIN! We are now cooking rice, fresh meats and veggie’s for the ENTIRE FAMILY (Human’s and canines both!!!!)

  26. E wem says:

    SHO-LO I am so sorry for your loss.

    Here is a site I found with some clear instructions for making pet food.
    http://www.goodpet.com:80/library/recipes.html which I haven’t tried yet.

    I have pulled my cats off all commercial food but Wysong kibbles, which they refuse to eat. However, they are eating meat. They all improved although one is shaky and still vomiting albeit less.

    I bought a cusinart mini food processor night before last, cooked a steak rare, and the processor turned it to meal in seconds. I included the soft fat and some cartilage. The cats ate it all. I shall have to learn a new way of pet care.

    I too now fear commercial food because the FDA clearly does not have the protection of the American citizen as its first prioity. The food business have shamelessly shown they care about their own tails more than their customers.

    A few years ago my cat developed urinary blockage after I switched him to a premium Walmart dry food. The vet explained that change of diet can trigger this. I now wonder if it was a change to a melamine diet?

    I worry the bigger scandal is the aminopterin (so called rat poson) that was tested on humans as an abortificant and banned becaused it caused horrific birth defects in the human babies. Aminopterin absolutely causes renal failure in cats, unlike melamine. Did this get into our food too?

  27. Itchmo » Blog Archive » Chinese Manufacturer Says Gluten Bought From Another Source says:

    […] the possibility that it may have gotten into the human food supply. The FDA is currently only blocking shipments of wheat gluten from […]

  28. JEAN BULLARD says:


  29. JEAN BULLARD says:

    THE BOTTOM OF THE CAN 63521159 L74870727 DEC. 2008.

  30. Fatal Claws says:

    I hope in one way it does start killing people and not just pets. Then _maybe_ something will be done about it. Right now with it only being animals this is NOT being taken seriously.

    Oh yeah and boycott _anything_ made in China. I know it’s hard because so much is made there, but do what you can. I know I am.

  31. Busters Mom says:

    Oh God I’m so happy your tracking this down…I’ve been nursing my kitty for about 6mos. I finally got the culpert. Pounce treats, my cats were fed treats each day for special love when I came home…My boy was so sick, I prayed over his tummy. He may yet have another beautiful summer. Good work you reporting sluths…Bless Bless you.

  32. Busters Mom says:

    Alaska Is Listening.

  33. P says:

    You all need to wake up and pay attention to food. This is NOTHING new. Food has been traded around the world for centuries, just as it is today. People get sick and die from contaminated food every year, but nobody cares. Maybe it makes headlines for only a few days. And worse yet, the companies that produce deadly foods are still in business today, in some cases after three outbreaks that killed dozens of people.

    Your food does not come from a box store, truck, train, or boat. IT COMES FROM A FARM.

    Government food production stabilization programs are all but gone now, and we have allowed American farms to disappear. Since 1950, the number of American farms in production has declined by HALF. Production output has remained the same thanks to technology like GMO’s. And for those of you think this is awful, GMO’s are everywhere, in ALL FOODS. We have a little known event called gene flow to thank for this. (GMO free labels are bogus and unregulated, nice thought though)

    This year, the US will become a NET IMPORTER of agricultural goods for the first time in generations. This trend in deadly food products will continue to increase as our food production becomes evermore concentrated and consolidated. Increasing world demand for food and ethanol production will exacerbate this problem as well.

    And finally, NO, we do not produce enough food to feed ourselves, but we could. Worse yet, we will need to DOUBLE our food production to sustain the world population over the NEXT 40 YEARS. Unfortunately, it would take the better part of a decade to recover the fallow fields across the US. And even then, we will be battling over resources required to produce our crops. Resources such as water, soil nutrients, and open space are already in short supply.

    For those skeptics out there, I am not a farmer, only educated.

    I suggest you all start with “Merchants of Grain” by Dan Morgan to get acquainted with how your food arrives at your dinner plate. This is the ONLY book that details the movement of nutrients around the world.

    Then check out the USDA and National Agricultural Statistics Service website.

  34. pete says:

    I got this story on my phone for free!!!! Look at www.monkeynewsnetwork.com.
    I found it useful anyway hope others do to!!
    Sure beats the usual cardboard cut-outs who read the news these days!!!

  35. Elaine says:

    I came across a comment that gave me a link to a pet food manufacturing company in a hub pages blog. Their website has posted the followin:”To our Valued Pet Parents,

    (April 6, 2007 update) During the recall of many brands of pet foods, Natural Life Nutritional Pet Products wanted to take extra measures to ensure the safety of your pets as well as ours. We immediately sent our canned and dry formulas to an independent lab to be tested for all chemicals including the Aminopterin and Melamine that is causing such as great scare. We have been notified and have documentation on file to ensure that our products are indeed safe and clear of any toxins, just as we knew they would be. In addition, we routinely test our products for Salmonella and E-coli as well, however this testing is not mandatory.” Unfortunately, their nearest retailer to me is an hour away, but they do ship. I just wanted to share the info with others that may have retailers near their homes.

  36. Julie Peden says:

    My dog died Saturday at 4:30 am in my husbands Arms. She fought a good fight to survive. We must do something to change the laws. Can we team together to help this from never happening again. While my dog died from eatting Purina food they have been helpful with our Vet bill and they seem to care. We must have the CDC and FDA change the laws.

  37. Bea says:

    Ophah Winfrey is a lover of dogs, and has more clout that anyone I know. Lets all write to her and see if she can help solve this terrible problem.

  38. Cat says:

    I’m so sorry Julie to hear that your beloved dog died and many others furry pawed children. It’s really sad. Everytime you pick up a bag of treats, you read where it’s made and check the codes, etc and STILL worry even tho it’s not on the list, whether it could be a week from now or two weeks from now, a month from now. Sure we can boycott pet/people food products from China but how do we know that the substance didn’t get into the manufactoring or processing plants from Canada or Mexico, or Brazil, Germany, Bolivia, et cetera? The thing of it is that we really don’t know. We’re still scratching the surface but I sure hope that there is a light at the end of this tunnel.

    I’m really against China though for all their human rights violations, the story you may have read just a couple months ago about how they beat on these animals that look like dogs just to make that faux fur for clothing, articles you may have read regarding their ignorance when the avian flu broke out, how they needlessly rounded up some people’s pets for slaughter when US Health officials tried to tell them they were going a bit too far, how they EVEN use dogs and cats to satisfy their food delicacies. Enough on that. If Petco and Pet smart care as much as they say they do about pets, aren’t they hypocrites then to be stocking these pet products that are “Made in China” ? C’mon China, get your act together. Learn to think of the benefits of having a cat and/or dog in your home as a pet. Do you know that they have been known to save family members from dying in fires, floods, hurting themselves while having a seizure, and countless other emergency situations ? Until then, I will shy away from these products that are made in CHINA.

  39. Underground Interest In "Pet Food Poisonings" « In Pursuit of Happiness says:

    […] and to step up surveillance and testing of all wheat and wheat gluten products entering the US. Per a website also following the pet food scandal, one shipper of the allegedly “tainted wheat gluten” is now known to be Xuzhou Anying Biologic […]

  40. Bones says:

    Please also publish Xuzhou Company’s Chinese name!

    Overseas Chinese have had enough for the spoiled goods from China!

  41. jane says:

    what if all the “gluten allergies” and surge of gluten free foods is related to tainted gluten we have been getting all along as “food grade”? Like in the pet population only some pets were sick/died maybe the gluten allergy people are just sensitive to garbage that has been in our food gluten for some time.

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