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GRAS & food ingredients Proposed service line Law and proposed rule checked October 22, 2026

A substance added to food needs a food additive regulation or a GRAS conclusion for its use, and supplement ingredients follow a different route

This page explains the two U.S. routes for food ingredients, what a GRAS conclusion requires, how FDA's August 2026 proposal would change GRAS notification, and why color additives and supplement ingredients sit outside GRAS. Educational, not legal advice.

1,071of 1,317 closed GRAS notices got a "no questions" letter; 43 more are pending
180 daysfor FDA's letter after filing a GRAS notice, extendable by 90 days (21 CFR 170.265(b)(1))
Dec 9, 2026comments due on FDA's proposal to make GRAS notices mandatory (91 FR 51834)

Status. EUTECNIQ Sciences is a company in formation. It has prepared no GRAS notices or food additive petitions. GRAS evidence work described here is proposed; studies would be run by qualified external laboratories, and expert panels would be independent.

Academy and related: the legal status of excipients (Course 12) · CFR atlas

FDA's GRAS Notice Inventory

FDA had no questions about 1,071 of the 1,317 closed GRAS notices; most of the rest closed at the notifier's request

GRAS notices by the year FDA closed them and by FDA's response, 1998–2026FDA inventory data
Source: FDA, GRAS Notices inventory export, “Last updated 10/21/2026”, downloaded October 24, 2026; 1,360 notices, of which 43 are pending. One notice with a split response (no basis and no questions) is counted with “no basis”.
Data table
GRAS notices closed per year by FDA's response (closure year)
YearNo questionsCeased at notifier's requestNo basisTotal
19984206
1999113620
2000183324
2001233228
2002215531
2003220022
2004204024
2005126018
2006263029
2007172019
2008199028
2009387045
20103810048
2011338142
2012419050
2013286034
2014507057
20155310063
20165618074
20173915054
2018697076
20195510065
20204811059
20215713070
20223715052
20237510085
20244717064
20256110273
2026533157
Total1071226201317

A “no questions” letter is FDA's view of the notifier's conclusion for the stated use; it is not an approval.

Two routes

A food additive needs an FDA regulation before use; a GRAS use does not, because GRAS substances fall outside the food-additive definition

The intended use decides the route, and only a use that is neither excluded nor GRAS needs a food additive regulationStatute and regulation Proposed rule shown
Decision path for a substance added to food: excluded categories leave the food-additive definition; a use generally recognized as safe is not a food additive and may be self-affirmed or notified; any other use needs a food additive regulation obtained by petitionSubstance added tofoodFor a specific intendeduseExcluded from thefood-additivedefinition?Use generallyrecognized assafe?No§ 201(s)(1)–(6)§ 201(s); 21 CFR 170.30ExcludedOther pathway•Pesticide chemicals•Color additives: listing under § 721•Substances sanctioned beforeSept 6, 1958•New animal drugs•Ingredients in or for dietarysupplements: NDIN route, § 413YesGRASNot a food additive for that useGeneral recognition by qualified experts; GRASthrough scientific procedures needs the sameevidence as a food additive approvalSelf-affirmedNo notice; lawful asof Oct 22, 2026NotifiedVoluntary notice;FDA letter within 180daysProposed Aug 11, 2026: notices wouldbecome mandatoryBinds no one unless finalizedYes§ 409 · 21 CFR Part 171Food additive petitionAny person may petition; FDA responds byorderNoRegulation issuedPrescribes theconditions of safeusePetition deniedA food additive used outside such a regulation isdeemed unsafe.Lawful route under current regulationsProposed rule, not finalBars the useDecision path for a substance added to food: excluded categories, GRAS uses and food additive petitionsSubstance added to foodFor a specific intended useYes · § 201(s)(1)–(6)Other pathway•Pesticide chemicals•Color additives: listing under § 721•Substances sanctioned before Sept 6, 1958•New animal drugs•Ingredients in or for dietary supplements: NDIN route,§ 413Excluded from the food-additive definition?No: is the use generally recognized as safe? (§ 201(s);21 CFR 170.30)Yes · GRASNot a food additive for that useSame evidence as a food additive approval, generallyavailable to qualified expertsSelf-affirmed: no notice, lawful as of Oct 22, 2026Notified: voluntary notice; FDA letter within 180 daysProposed Aug 11, 2026: notices would becomemandatoryBinds no one unless finalizedNo: food additive§ 409 · 21 CFR Part 171Food additive petitionFDA responds by orderRegulation issuedPrescribes the conditions of safe usePetition deniedA food additive used outside a regulation is deemedunsafe
Sources: 21 U.S.C. 321(s) (Cornell LII); 21 CFR 170.30 and 171.1 (eCFR, current to Oct 21, 2026); FDA proposed rule, Substances Generally Recognized as Safe, 91 FR 51834 (Aug 11, 2026), Section II.
Text version of the decision path
FD&C Act § 409 · 21 CFR Part 171

Food additive petition

Any person may petition FDA to issue a food additive regulation. FDA responds by order, either denying the petition or issuing a regulation that prescribes the conditions of safe use. A food additive used outside such a regulation is deemed unsafe.

Statute Requirement
FD&C Act § 201(s) · 21 CFR 170.30

Generally recognized as safe (GRAS)

A substance whose intended use is generally recognized by qualified experts as safe is not a food additive for that use. Its maker may conclude GRAS status independently and may notify FDA under 21 CFR Part 170, Subpart E.

Final regulation Requirement

The food-additive definition also excludes pesticide chemicals, color additives, substances with a sanction granted before September 6, 1958, new animal drugs, and ingredients in or intended for dietary supplements (21 U.S.C. 321(s)(1)–(6)).

Explanation, details and sources

Both routes are tied to the intended conditions of use. In FDA's words, “the conditions of intended use of a substance, rather than the substance itself, are eligible for GRAS status.”

What GRAS requires

GRAS by scientific procedures needs a food additive's quantity and quality of evidence, and the evidence must be generally available

The routes differ in who reviews the evidence and how widely it is known. The amount of evidence required is the same.

GRAS needs the evidence of a food additive approval, judged by qualified experts from generally available data21 CFR 170.30
What GRAS requires: before January 1, 1958 common use in food can be a basis, otherwise only scientific procedures; GRAS by scientific procedures needs the same quantity and quality of evidence as a food additive approval, but the evidence must be generally available and the reviewers are qualified experts generallyBasis for general recognition, 21 CFR 170.30(a), (c)January 1, 1958Common use in food before 1958Can be the basis. Use outside the U.S. must bedocumented and corroborated by a second, independentsource.Not in common food use before 1958GRAS only through scientific proceduresSame evidence, different reviewer and availability, 21 CFR 170.30(a)–(b)Food additive approvalFD&C Act § 409 · 21 CFR Part 171GRAS through scientific proceduresFD&C Act § 201(s) · 21 CFR 170.30Who judges safetyFDA, which responds to the petition by orderExperts qualified by scientific training and experience toevaluate food-substance safetyEvidenceThe same quantity and quality of scientific evidence, § 170.30(b)Where the evidence isSubmitted to FDA in the petitionGenerally available and accepted, “which ordinarily arepublished”; unpublished data may corroborateWhat resultsA regulation prescribing the conditions of safe useGeneral recognition: common knowledge among qualifiedexperts of reasonable certainty that the substance is notharmful under its intended use
21 CFR 170.30(a)–(c) (eCFR, current to Oct 21, 2026); 21 CFR Part 171.
Text version of the requirements
  1. Who

    Experts qualified by scientific training and experience

    General recognition “may be based only on the views of experts qualified by scientific training and experience to evaluate the safety of substances directly or indirectly added to food.” 21 CFR 170.30(a)

  2. Basis

    Scientific procedures, or common use in food before 1958

    Any substance not in common food use before January 1, 1958 can become GRAS only through scientific procedures. Pre-1958 use outside the United States must be documented and corroborated by a second, independent source. 21 CFR 170.30(a), (c)

  3. Standard

    Reasonable certainty of no harm, known throughout the scientific community

    GRAS “requires common knowledge throughout the scientific community knowledgeable about the safety of substances directly or indirectly added to food that there is reasonable certainty that the substance is not harmful under the conditions of its intended use.” 21 CFR 170.30(a)

  4. Quantity

    The same evidence as a food additive approval

    GRAS through scientific procedures “shall require the same quantity and quality of scientific evidence as is required to obtain approval of a food additive.” 21 CFR 170.30(b)

  5. Availability

    Ordinarily published data, corroborated by unpublished data

    It rests on generally available and accepted data, information or methods, “which ordinarily are published,” and may be corroborated by unpublished data. 21 CFR 170.30(b)

A GRAS notice has seven parts 21 CFR 170.225–170.255

Seven parts, each set by its own section of 21 CFR Part 170, Subpart ERegulation
The seven parts of a GRAS notice under 21 CFR 170.225 to 170.255PART 1Signedstatements andcertification§ 170.225PART 2Identity,manufacture,specifications,technical effect§ 170.230PART 3Dietary exposure§ 170.235PART 4Self-limitinglevels of use§ 170.240PART 5Common use infood before 1958§ 170.245PART 6Narrative§ 170.250PART 7List of supportingdata andinformation§ 170.25521 CFR Part 170, Subpart E, established by the final rule at 81 FR 54960 (Aug 17, 2016).
Source: 21 CFR 170.30 and Part 170, Subpart E (eCFR, current to Oct 21, 2026), established by the final rule at 81 FR 54960 (Aug 17, 2016).
Text version of the seven parts
  1. Signed statements and certification§ 170.225
  2. Identity, manufacture, specifications, technical effect§ 170.230
  3. Dietary exposure§ 170.235
  4. Self-limiting levels of use§ 170.240
  5. Common use in food before 1958§ 170.245
  6. Narrative§ 170.250
  7. List of supporting data and information§ 170.255
Notification

GRAS notification is voluntary today; FDA proposed on August 11, 2026 to make it mandatory, and comments close December 9, 2026

Today a notice is voluntary, and FDA answers within 180 days of filing, extendable by 90 daysFinal regulation
GRAS notification procedure in force today: FDA files the notice, responds by letter within 180 days of filing and may extend by 90 days; the notifier may ask FDA to cease evaluating before the responseVoluntary GRAS notice, 21 CFR 170.205–170.275 (final regulation)FDA responds by letter within 180 days of filingFDA evaluates; letter within 180 days of filingFDA may extend the 180-day timeframe by 90 days (§ 170.265(b)(1))+90 daysDay 0Day 180Day 270Notice submittedFiling: FDA files the notice, or explainswhy it does notThe notifier may ask FDA to cease evaluatingbefore FDA respondsFDA's response letter, by day 180 or day 270 if extended“No questions” letterThe usual favorable outcome; not anFDA approvalPublic recordFDA lists filed notices and publishes itsletters; other contents disclosableunder Part 20 from receipt (§ 170.275)
21 CFR 170.205, 170.260, 170.265, 170.275 (eCFR, current to Oct 21, 2026).
The proposal to make notices mandatory is open for comment until December 9, 2026 and binds no one until a final ruleProposed rule Final regulation in force
Status of FDA's August 11, 2026 proposed rule on GRAS notices as of October 22, 2026: directive and proposal issued, comment period open until December 9, 2026, final rule not issued, with proposed effective and compliance dates relative to a final ruleHHS directiveMar 10, 2025Explore rulemaking toeliminate self-affirmedGRAS; changed noruleProposed ruleAug 11, 202691 FR 51834 · docketFDA-2025-N-3262Comment periodCloses Dec 9, 2026Open on Oct 22,2026Final ruleNot issuedNo date; may differfrom the proposalEffective60 days after afinal ruleAs proposedCompliance18 months aftereffectiveAs proposedStatus on Oct 22, 2026In force todayVoluntary notice•“Any person may notify FDA” (§ 170.205)•Self-affirmed GRAS conclusions remain lawful•A “no questions” letter is not an FDA approvalWhat the proposal would do, if finalizedRequire noticesFor a human or animal food substance purportedto be GRASExceptionsUses with an existing “no questions” letter;substances listed or affirmed in FDA'sregulationsStreamlined routeTime-limited submission for substances alreadyin commerceNot notifying“A factor in its prioritization of food substancesfor post-market review”
Federal Register, Substances Generally Recognized as Safe, proposed rule, 91 FR 51834–51881 (Aug 11, 2026; docket FDA-2025-N-3262; RIN 0910-AJ02), Summary and Sections V and VII; HHS press release, Mar 10, 2025. Status as of October 22, 2026.
Text version of both figures
In force today

Voluntary notice, FDA letter within 180 days

  • “Any person may notify FDA” of a GRAS conclusion (§ 170.205).
  • FDA files the notice, or explains why not, and responds by letter within 180 days of filing; it may extend that timeframe by 90 days (§ 170.265(b)(1)).
  • A notifier may ask FDA to cease evaluating a notice before FDA responds.
  • The usual favorable outcome is a “no questions” letter, which is not an FDA approval.
Final regulation
Proposed, Aug 11, 2026

Mandatory GRAS notices (91 FR 51834)

  • Would “require the submission of generally recognized as safe (GRAS) notices for the use of a human or animal food substance purported to be GRAS.”
  • Exceptions include uses with an existing “no questions” letter and substances listed or affirmed in FDA's regulations.
  • A time-limited streamlined submission for substances already in commerce.
  • Not notifying would be “a factor in its prioritization of food substances for post-market review.”
  • Proposed timing: effective 60 days after a final rule; compliance 18 months after that.
Proposed rule · comments due Dec 9, 2026

Sources: 21 CFR 170.205, 170.260, 170.265 (eCFR); Federal Register, Substances Generally Recognized as Safe, proposed rule, 91 FR 51834–51881 (Aug 11, 2026; docket FDA-2025-N-3262; RIN 0910-AJ02), Summary and Sections V and VII; HHS press release, Mar 10, 2025.

Explanation, details and sources

As of October 22, 2026, a company may still conclude GRAS status on its own and market the substance without notifying FDA. The proposal would change that only if finalized.

The proposal would define a “no questions” letter and states that such a letter is “neither an affirmation by FDA that the notified substance is GRAS for its intended conditions of use … nor a published finding” under the color additive provisions. EUTECNIQ would never describe a GRAS conclusion or an FDA letter as an FDA approval.

Search the inventory
Type part of a substance name; matches show the GRN number, closure year and FDA's responseFDA inventory data
Source: FDA GRAS Notices inventory export (last updated October 21, 2026), retrieved October 24, 2026. Names are shortened to 80 characters; open the inventory for the notice, its intended use and FDA's letter.

A prior notice covers its own notifier's substance, specifications and intended use; a new supplier or use needs its own GRAS basis.

Supplements

Ingredients in dietary supplements cannot be GRAS for that use; their pathway is the new dietary ingredient notification

The FD&C Act excludes dietary-supplement ingredients from the food-additive definition, and GRAS is an exception within that definition.

“As such categories are excepted from the definition of ‘food additive’ in section 201(s) of the FD&C Act, they are not eligible for classification as GRAS under the GRAS provision included in the definition of ‘food additive’ (see proposed § 170.205(c)).”

FDA, proposed rule, Substances Generally Recognized as Safe, 91 FR 51834 (Aug 11, 2026). The categories include “an ingredient described in section 201(ff) of the FD&C Act in, or intended for use in, a dietary supplement.” Proposed rule Statute: 21 U.S.C. 321(s)(6)
One botanical, two intended uses, two legal questions and two different FDA clocksStatute and regulation
The same botanical in a conventional food and in a dietary supplement: two legal questions, with FDA's timelines for a GRAS notice and an NDIN on one day scaleBotanical ingredientOne substance, twointended usesFoodConventional food useFood additive petition or GRAS (§ 201(s); 21 CFR170.30)SupplementDietary supplement useExcluded from the food-additive definition(§ 201(s)(6)), so not eligible for GRASGRAS notice or food additive regulationFavorable GRAS outcome: a “no questions” letter, not anapprovalNDIN at least 75 days before marketingUnless every ingredient meets the food-supply exception,§ 413(a)(1). Favorable outcome: acknowledgement withoutobjection, not an approvalFDA timelines in days from filingGRAS noticeGRAS notice: FDA letter within 180 daysFDA letter within 180 daysGRAS notice: +90 days+90 daysNDINNDIN: No marketing for 75 daysNo marketing for 75 daysPublic after day 90, minus trade secrets and CCI0306090120150180210240270daysGRAS notice contents are disclosable under 21 CFR Part 20 from the day FDA receives the notice (§ 170.275).
Sources: 21 U.S.C. 321(s), 350b; 21 CFR 170.30, 170.265, 170.275, 190.6; FDA, NDI notification procedures and timeframes, final guidance (March 2024).
Text version: GRAS compared with NDI notification
Comparison of GRAS and new dietary ingredient notification
AspectGRAS (conventional food use)NDI notification (dietary supplement use)
Legal basisExclusion from the food-additive definition, § 201(s); 21 CFR 170.30FD&C Act § 413; 21 CFR 190.6
Safety standardGeneral recognition of reasonable certainty of no harm under the intended conditions of useHistory of use or other evidence that the supplement “will reasonably be expected to be safe”
Who must know the evidenceQualified experts generally, from ordinarily published dataThe notifier, who submits it to FDA
Submission to FDAVoluntary notice today; mandatory under the August 2026 proposalRequired at least 75 days before marketing unless § 413(a)(1) applies
FDA timelineResponse within 180 days of filing, extendable by 90No marketing for 75 days after filing; FDA aims to respond within that period
Favorable outcome“No questions” letter; not an approvalAcknowledgement without objection; not an approval
Public disclosureFDA lists filed notices and publishes its letters; other contents are disclosable under 21 CFR Part 20 from the day FDA receives the notice (§ 170.275)Public after 90 days, minus trade secrets and confidential commercial information
Explanation, details and sources

Presence in the food supply in a form not chemically altered can, separately, decide whether a supplement ingredient needs an NDIN (§ 413(a)(1)). See NDIN strategy and dossiers.

Color additives

A botanical extract used to impart color is a color additive for that use, and needs FDA listing before it is used

Color additives have their own premarket approval system in every product category FDA regulates. GRAS does not apply to them.

Imparting color makes an extract a color additive for that use, which needs a listing and has no GRAS routeStatute and regulation
A botanical extract used to impart color is a color additive for that use; it must be listed for that use and be batch-certified or exempt from certification, and GRAS does not applyBotanical extractUsed in a food, drug,device or cosmeticUsed to impartcolor?§ 201(t): dye or pigment derived from avegetable, animal, mineral or other sourceColor additive for that useExcluded from the food-additivedefinition, § 201(s)(3): not eligiblefor GRASYesListed for thatuse (Parts 73,74) and certifiedor exempt?May be used under the listingDeemed unsafe for that use§ 721(a), 21 U.S.C. 379e(a)YesNoOther route for that useFood additive or GRAS, NDIN,cosmetic or drug rulesNoColor additive decision for a botanical extractBotanical extractUsed in a food, drug, device or cosmeticYesColor additive for that useExcluded from the food-additive definition, § 201(s)(3):not eligible for GRASUsed to impart color? (§ 201(t))YesMay be used under the listing (21 CFR Parts 73, 74)Listed for that use and certified or exempt?NoDeemed unsafe for that use§ 721(a), 21 U.S.C. 379e(a)Not used to impart colorOther route for that useFood additive or GRAS, NDIN, cosmetic or drug rules
Sources: 21 U.S.C. 321(s)(3), 321(t), 379e (Cornell LII); 21 CFR Parts 70, 73, 74 (eCFR); 91 FR 51834 (Aug 11, 2026).
Text version of the decision
Definition

A color additive includes a dye or pigment “extracted, isolated, or otherwise derived … from a vegetable, animal, mineral, or other source” that can impart color to a food, drug, cosmetic or the human body (21 U.S.C. 321(t)).

Statute
Premarket listing

A color additive is deemed unsafe for a use in food, drugs, devices or cosmetics unless a regulation lists it for that use and it is batch-certified or exempt from certification (21 U.S.C. 379e(a)). Listings are in 21 CFR Parts 73 and 74.

Statute Regulation
Outside GRAS

Color additives are excluded from the food-additive definition (§ 201(s)(3)), so, as FDA's August 2026 proposal restates, they are not eligible for GRAS classification.

Statute
Proposed offering

EUTECNIQ proposes to build GRAS evidence packages for botanical food ingredients, with independent experts reviewing the conclusion

The work would follow the seven-part notice structure whether or not the client notifies FDA, so the file is ready if notification becomes mandatory.

One evidence file in the notice structure serves either an independent conclusion or a noticeProposed service
Proposed GRAS evidence service: EUTECNIQ and qualified partners would build a file in the seven-part notice structure, which the client can use for an independent GRAS conclusion or a notice to FDAProposedEUTECNIQ would•Define the intended conditions of use and thetechnical effect•Build identity, manufacturing and specificationdata•Estimate dietary exposure across the proposedfood uses•Plan and oversee external safety studies to fillgaps•Draft the narrative and the noticeExternalQualified partners would•Toxicology studies at contract researchorganizations•An independent expert panel, where the clientuses one•Legal opinions on pathway, color-additivestatus and labelingWho would do the workFile in the seven-part structure1Signed statements, certification2Identity, manufacture, specifications3Dietary exposure4Self-limiting levels of use5Common use in food before 19586Narrative7Supporting data and informationThe client decidesIndependent GRAS conclusionLawful today without notifying FDAGRAS notice to FDAVoluntary today; mandatory if the August2026 proposal is finalizedEUTECNIQ does not claim•Any GRAS notice filed or “no questions”letter received•That GRAS status covers supplement,cosmetic or non-U.S. uses•That a GRAS conclusion is an FDAapproval
Service design: EUTECNIQ proposal. Notice structure: 21 CFR 170.225–170.255. Mandatory notices: proposed rule, 91 FR 51834, not final.
Text version of the figure
EUTECNIQ would
  • Define the intended conditions of use and the technical effect
  • Build identity, manufacturing and specification data
  • Estimate dietary exposure across the proposed food uses
  • Plan and oversee external safety studies to fill gaps
  • Draft the narrative and the notice
Proposed
Qualified partners would
  • Run toxicology studies at contract research organizations
  • Sit on an independent expert panel, where the client uses one
  • Give legal opinions on pathway, color-additive status and labeling
External partner
EUTECNIQ does not claim
  • Any GRAS notice filed or “no questions” letter received
  • That GRAS status covers supplement, cosmetic or non-U.S. uses
  • That a GRAS conclusion is an FDA approval
Limits

Moving a botanical ingredient into foods or beverages?

The intended use decides the route. EUTECNIQ welcomes early conversations about evidence planning, while it is in formation.