Notice2025-16268

Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Substances Generally Recognized as Safe (GRAS): Notifications and Convening Panels

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
August 26, 2025

Issuing agencies

Health and Human Services DepartmentFood and Drug Administration

Abstract

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Full Text

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<title>Federal Register, Volume 90 Issue 163 (Tuesday, August 26, 2025)</title>
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[Federal Register Volume 90, Number 163 (Tuesday, August 26, 2025)]
[Notices]
[Pages 41579-41581]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16268]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2025-N-0123]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Substances Generally 
Recognized as Safe (GRAS): Notifications and Convening Panels

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the 
collection of information by September 25, 2025.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be submitted to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular information 
collection by selecting ``Currently under

[[Page 41580]]

Review--Open for Public Comments'' or by using the search function. The 
OMB control number for this information collection is 0910-0342. Also 
include the FDA docket number found in brackets in the heading of this 
document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-5733, 
<a href="/cdn-cgi/l/email-protection#540406150720353232143230357a3c3c277a333b22"><span class="__cf_email__" data-cfemail="346466756740555252745250551a5c5c471a535b42">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Substances Generally Recognized as Safe (GRAS): Notifications and 
Convening Panels--21 CFR 170, Subpart E and 21 CFR 570, Subpart E

OMB Control Number 0910-0342--Revision

    The Federal Food, Drug, and Cosmetic Act (FD&C Act) requires that 
all food additives (as defined by section 201(s) (21 U.S.C. 321(s)) be 
approved by FDA before they are marketed. Section 409 of the FD&C Act 
(21 U.S.C. 348) establishes a premarket approval requirement for ``food 
additives.'' Section 201(s) of the FD&C Act provides an exclusion to 
the definition of food additive, and thus from the premarket approval 
requirement, for uses of substances that are GRAS by qualified experts. 
The GRAS provision of section 201(s) of the FD&C Act is implemented in 
21 CFR part 170 (part 170) and 21 CFR part 570 (part 570) for human 
food and animal food, respectively. Part 170, subpart E, and part 570, 
subpart E, establish a standard format for the submission of a notice. 
Information submitted to FDA in a GRAS notice by respondents is 
necessary to allow us to administer efficiently the various FD&C Act 
provisions that apply to the use of substances added to food, 
specifically with regard to whether a substance is GRAS under the 
conditions of its intended use or is a food additive subject to 
premarket review. We use the information collected through the GRAS 
notification procedures to complete our evaluation within specific 
timelines.
    Form FDA 3667, entitled ``Generally Recognized as Safe Notice'' 
(<a href="https://www.fda.gov/media/85886/download">https://www.fda.gov/media/85886/download</a>), provides a standardized 
format for the submission of information and is intended to assist 
respondents with the submission of GRAS notices. Form FDA 3667 and any 
attachments may be submitted in electronic format via the Centralized 
Online Submission Module (<a href="https://www.fda.gov/food/registration-food-facilities-and-other-submissions/centralized-online-submission-module-cosm">https://www.fda.gov/food/registration-food-facilities-and-other-submissions/centralized-online-submission-module-cosm</a>), or may be submitted in paper format, or as electronic files on 
physical media with paper signature page. For submissions to the Center 
for Veterinary Medicine, respondents may continue to send GRAS notices 
in paper format, or as electronic files on physical media with paper 
signature page to the Agency.
    For efficiency of Agency operations, we are revising the 
information collection to account for burden that may be attributable 
to the guidance document entitled ``Best Practices for Convening a 
Generally Recognized as Safe Panel'' (December 2022) (<a href="https://www.fda.gov/media/109006/download">https://www.fda.gov/media/109006/download</a>), currently approved in OMB control 
number 0910-0911. The guidance document was developed to assist persons 
who choose to convene a panel of experts in support of a conclusion 
that the use of a substance in food is GRAS. Specifically, the guidance 
document includes recordkeeping recommendations and disclosure 
recommendations pertaining to the administration of GRAS panel and GRAS 
panel membership.
    Description of Respondents: The respondents to this collection of 
information are manufacturers of substances used in human food and 
animal food and feed. Respondents also include persons (``proponents'') 
who are responsible for a conclusion that a substance may be used in 
food on the basis of the GRAS provision of the FD&C Act when such 
persons convene a GRAS panel to evaluate whether the available 
scientific data, information, and methods establish that the substance 
is safe under the conditions of its intended use in human food or 
animal food. Respondents also include members and prospective members 
of GRAS panels. The term ``GRAS panel'' is defined as a panel of 
individuals convened for the purpose of evaluating whether the 
available scientific data, information, and methods establish that a 
substance is safe under the conditions of its intended use in food.
    In the Federal Register of June 27, 2025 (90 FR 27642), we 
published a 60-day notice soliciting comment on the proposed collection 
of information. No comments were received.
    We estimate the burden of this collection of information as 
follows:

                                  Table 1--Estimated Annual Reporting Burden \1\
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                                                     Number of
    Activity; 21 CFR section         Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
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GRAS notification procedure for              100               1             100             170          17,000
 human food; 170.210-170.280
 (part 170, subpart E)..........
GRAS notification procedure for               12               1              12             170           2,040
 animal food and animal feed;
 570.210-570.280 (part 570,
 subpart E).....................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............             125  ..............          19,040
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\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

    In row 2 of table 1, we are decreasing our estimate for the number 
of respondents submitting GRAS notices for animal food and animal feed 
from 25 to 12, which results in a decrease of 2,210 burden hours (4,250 
hours minus 2,040 hours). This estimate is based on the number of 
submissions we received over the last 3 years.

[[Page 41581]]



                               Table 2--Estimated Annual Recordkeeping Burden \1\
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                                                     Number of                        Average
   Activity; guidance document       Number of      records per    Total annual     burden per      Total hours
             section               recordkeepers   recordkeeper       records      recordkeeping
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Maintaining written GRAS panel               696               1             696               2           1,392
 policy; V. Recommendations.....
Application of written GRAS                   94               6             564              16           9,024
 panel policy to GRAS panel
 members; V. Recommendations....
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............           1,260  ..............          10,416
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\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

    Row 1 of table 2 reflects a decrease in our estimate of the average 
burden per recordkeeping from 40 hours to 2 hours annually. We believe 
that respondents will have realized burden associated with the initial 
documentation of written GRAS panel policies and have modified our 
estimate to reflect burden associated with maintaining the applicable 
records.

                           Table 3--Estimated Annual Third-Party Disclosure Burden \1\
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                                                     Number of
   Activity; guidance document       Number of      disclosures    Total annual   Average burden
             section                respondents         per         disclosures   per disclosure    Total hours
                                                    respondent
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Potential GRAS panel members                 564               1             564               4           2,256
 provide information to the
 proponents of GRAS conclusions;
 V. Recommendations.............
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\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

    We have made no change in our estimate associated with the 
disclosure recommendations discussed in the guidance document.

Grace R. Graham,
Deputy Commissioner for Policy, Legislation, and International Affairs.
[FR Doc. 2025-16268 Filed 8-25-25; 8:45 am]
BILLING CODE 4164-01-P


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Indexed from Federal Register on August 26, 2025.

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