Exhibit 561 · Federal Register final rule
Substances Generally Recognized as Safe, final rule (81 FR 54960; Docket FDA-1997-N-0020)
We agree that we lack express statutory authority to require companies to submit GRAS notices.
Finalized the 1997 proposal as a voluntary notification procedure. FDA rejects comments that voluntariness violates the 1958 amendment, says there is no distinction in law between a conclusion submitted as a notice and one kept by its proponent (formerly called a 'self-determination'), and states that it lacks express statutory authority to require submission. It cites its 2010 caffeinated-alcohol letters as an example of enforcement without a notice.
- Source
- U.S. Food and Drug Administration
- Date
- 17 August 2016
- Quoted from
- 81 FR 54981-82 (Comment and Response 28)
- Grade
- Primary record
- Document
- https://www.govinfo.gov/content/pkg/FR-2016-08-17/pdf/2016-19164.pdf
- Accessed
- 2026-11-09
- Cited by
- Findings citing this exhibit
- Note
- The quoted sentence runs across the page break between 54981 and 54982. Response 1 (81 FR 54970): 'Although the FD&C Act specifically provides for our review of food additives, it is silent with respect to industry submissions to us on the use of GRAS substances.' Section on terminology (81 FR 54984): 'there would be no distinction between a conclusion of GRAS status submitted to us as a GRAS notice and a conclusion of GRAS status that remains with its proponent as an independent conclusion (formerly referred to as a “self-determination”) of GRAS status.' Effective 17 October 2016.