Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Substances Generally Recognized as Safe: Best Practices for Convening a Generally Recognized as Safe Panel, 65081-65085 [2022-23378]
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Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices
65081
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[FR Doc. 2022–23391 Filed 10–26–22; 8:45 am]
BILLING CODE 4164–01–C
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2017–D–0085]
Agency Information Collection
Activities; Submission for Office of
Management and Budget Review;
Comment Request; Substances
Generally Recognized as Safe: Best
Practices for Convening a Generally
Recognized as Safe Panel
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing
that a proposed collection of
information has been submitted to the
Office of Management and Budget
SUMMARY:
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16:55 Oct 26, 2022
Jkt 259001
(OMB) for review and clearance under
the Paperwork Reduction Act of 1995.
DATES: Submit written comments
(including recommendations) on the
collection of information by November
28, 2022.
ADDRESSES: To ensure that comments on
the information collection are received,
OMB recommends that written
comments be submitted to https://
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
Review—Open for Public Comments’’ or
by using the search function. The title
of this information collection is
‘‘Substances Generally Recognized as
Safe: Best Practices for Convening a
GRAS Panel.’’ Also include the FDA
docket number found in brackets in the
heading of this document.
FOR FURTHER INFORMATION CONTACT:
Rachel Showalter, Office of Operations,
Food and Drug Administration, Three
White Flint North, 10A–12M, 11601
Landsdown St., North Bethesda, MD
20852, 240–994–7399, PRAStaff@
fda.hhs.gov.
In
compliance with 44 U.S.C. 3507, FDA
SUPPLEMENTARY INFORMATION:
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has submitted the following proposed
collection of information to OMB for
review and clearance.
I. Background
Best Practices for Convening a Generally
Recognized as Safe Panel
OMB Control Number 0910–NEW
This information collection supports
FDA’s implementation of Agency
guidance. In 2017, FDA developed and
published for comment a draft guidance
entitled ‘‘Best Practices for Convening a
Generally Recognized as Safe Panel,’’
(https://www.fda.gov/media/109006/
download) which, once finalized, would
assist persons who choose to convene a
panel of experts in support of a
conclusion that the use of a substance
in food is generally recognized as safe
(GRAS).
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
for their intended use in food 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
E:\FR\FM\27OCN1.SGM
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EN27OC22.008
Dated: October 19, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
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Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices
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 generally GRAS by qualified experts.
The GRAS provision of section 201(s)
of the FD&C Act is implemented in 21
CFR part 170 for human food and 21
CFR part 570 for animal food. The
regulations provide the criteria for when
the use of a substance in food for
humans or animals is GRAS. Part 170,
subpart E and part 570, subpart E
provide the procedure under which a
person (also referred to as the
‘‘proponent’’ of a GRAS conclusion)
may notify FDA about a conclusion that
a substance is GRAS under the
conditions of its intended use in human
and/or animal food. This includes a
standard format for the submission of a
GRAS notice. The information
submitted to us in a GRAS notice is
necessary to allow us to administer
efficiently the FD&C Act’s various
provisions that apply to the use of
substances added to food; specifically,
whether a substance is GRAS under the
conditions of its intended use or
whether it is a food additive subject to
premarket review and approval by FDA.
To support a GRAS conclusion, a
proponent may convene a panel of
qualified experts to provide evidence
that generally available safety data and
information about the intended use of
the substance in food are generally
accepted among experts, which is one of
the criteria for eligibility for GRAS
status (81 FR 54959 at 54975; August 17,
2016).
From 2008 to 2010, the Government
Accountability Office (GAO) conducted
a study related to ingredients used in
human food on the basis of the GRAS
provision in section 201(s) of the FD&C
Act. In 2010, GAO issued a report (the
GAO report 1) that included
recommendations for FDA. Of relevance
here, the GAO report recommended that
FDA develop a strategy to minimize the
potential for conflicts of interest among
GRAS panel members, including issuing
guidance for companies on conflict of
interest, and we requested comment on
issuing such a guidance in our
reopening notice (75 FR 81536 at 81542;
December 28, 2010). In the GRAS final
rule, we stated our intent to issue such
guidance (see Response 125, 81 FR
54959 at 55026). This guidance
recommends an assessment for conflict
1 United States Government Accountability Office
(2010). ‘‘Report to Congressional Requestors on
Food Safety: FDA Should Strengthen Its Oversight
of Food Ingredients Determined to Be Generally
Recognized as Safe (GRAS),’’ Report No. GAO–10–
246. Available at https://www.gao.gov/assets/gao10-246.pdf.
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of interest and the appearance of
conflict of interest as part of the best
practices for convening a GRAS panel
and would address the final outstanding
GAO recommendation for FDA from the
2010 report.
The guidance document recommends
specific content elements pertaining to
recordkeeping and third-party
disclosure. The guidance explains a
recordkeeping recommendation for
proponents to develop a one-time,
written GRAS panel policy record
describing how it will convene a panel.
The proponent creates the written
policy to fit its needs. The guidance
document discusses a third-party
disclosure recommendation for
prospective panel members to provide
vetting information to proponents, to
ascertain expertise and reduce risk of
bias. The guidance document also
explains a recordkeeping
recommendation for proponents to
document the application of the GRAS
panel policy to each GRAS panel
member as part of the vetting process.
Respondents do not submit to FDA the
recordkeeping or third-party disclosure
information.
The guidance will assist respondents
convening a GRAS panel. The
information collection
recommendations (establishment of a
written GRAS panel policy, solicitation
of information from prospective GRAS
panel members about potential conflicts
of interest and other sources of bias, and
documentation of the application of the
GRAS panel policy to each GRAS panel
member) would help the respondent to
identify GRAS panel members who have
appropriate and balanced expertise and
reduce the risk that bias (or the
appearance of bias) will affect the
credibility of the GRAS panel’s output.
Description of Respondents:
Respondents to this collection of
information are 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 independently 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
would also include members and
prospective members of GRAS panels.
We estimate that there are 1,260 such
respondents as discussed more fully
below. 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
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a substance is safe under the conditions
of its intended use in food.
In the Federal Register of November
16, 2017 (82 FR 53433), we published a
draft guidance requesting public
comment on the proposed collection of
information. We received 13 comments
with almost half being responsive to
PRA topics. All comments were
considered even if they were not fully
captured by our paraphrasing in this
document. Most comments
communicated general support for the
information collection. Comments
articulated that the guidance would
promote uniformity of practices for
industry and mitigate potential conflicts
and biases. One comment expressed that
the recommendations for preparing a
GRAS panel policy are not unusual or
burdensome to proponents, although
another comment believed that
establishment and implementation of a
written GRAS panel policy would be
burdensome. However, the comment
recognized that the proponent drafts the
written policy, which allows the
proponent to tailor the policy to itself
and make the policy broad enough to
cover the wide range of issues it may
encounter. The comment further stated
that many in industry already employ
policies and procedures recommended
in the guidance. Another comment
believed that the time estimates to
perform the information collections are
reasonable. No other comments were
received disputing the need for the
information, the accuracy of our burden
estimate, or ways to minimize burden.
Although we are preparing to finalize
the guidance document to clarify
discussions around evaluating and
managing conflicts of interest and
appearance issues, to emphasize that a
GRAS panel is not necessary, and
providing additional background
information regarding the value of a
GRAS panel in providing evidence to
support the ‘‘general acceptance’’ aspect
of the criteria for eligibility for GRAS
status through scientific procedures,
none of the revisions pertain to the
information collection
recommendations discussed in our 60day notice.
Since the publication of the 60-day
notice, we have further considered the
burden estimate and adjusted it based
on updated information available to us
from FDA’s GRAS Notices Inventory
and the Independent GRAS Conclusion
Inventory Database (Refs. 1, 2, and 3).
The records recommended in the
guidance to be maintained by a
proponent include a one-time
information collection burden
pertaining to a written GRAS panel
policy to govern the assembly and
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Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices
conduct of a GRAS panel. The records
recommended in the guidance also
include annual information collection
burdens pertaining to documenting the
application of the written GRAS panel
policy to each member of a GRAS panel
convened in a given year and collecting
information from prospective members
of the GRAS panel to conduct the
vetting process as detailed in the written
GRAS panel policy. Finally, the
guidance recommends that a GRAS
panel provides a written report of its
findings; however, we consider a
written GRAS panel report as customary
business practice that is already being
65083
created by GRAS panels and, thus, we
do not estimate an annual information
collection burden for the creation of a
GRAS panel report.
We estimate the burden of this
collection of information as follows:
Burden Estimate for Written GRAS
Panel Policy Recommendation
TABLE 1—ESTIMATED ONE-TIME RECORDKEEPING BURDEN 1
Activity
Number of
recordkeepers
Number of
records per
recordkeeper
Total annual
records
Average burden
per recordkeeping
(in hours)
Total hours
Establishing written GRAS panel policy ...................................................
696
1
696
40
27,840
khammond on DSKJM1Z7X2PROD with NOTICES
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
For the purpose of this analysis, we
make the conservative assumption that
all proponents who document a GRAS
conclusion will create a written GRAS
panel policy that would apply to GRAS
panels convened in the first year that
the final guidance would be in effect, as
well as to GRAS panels convened in
subsequent years. We also assume that
these proponents will create a written
GRAS panel policy regardless of
whether they report the panel’s
documented GRAS conclusion to FDA
in the form of a GRAS notice. Therefore,
for the purpose of this analysis we: (1)
calculated the number of proponents
who have submitted at least one GRAS
notice to FDA and (2) estimated the
number of proponents who have
documented at least one GRAS
conclusion without reporting that
documented GRAS conclusion to FDA
in the form of a GRAS notice.
Using the data in our inventories of
GRAS notices submitted for substances
intended for use in human food (Ref. 1)
and animal food (Ref. 2) during the time
period of April 17, 1997, through
October 2, 2020, we calculate that 466
proponents submitted at least one GRAS
notice for a substance intended for use
in human food, and 20 proponents
submitted at least one GRAS notice for
a substance intended for use in animal
food. For the purpose of this analysis,
we make the conservative assumption
that there will be no overlap between
proponents who submit GRAS notices
for substances intended for use in
human food and proponents who
submit GRAS notices for substances
intended for use in animal food.
Therefore, the total number of
proponents who have submitted at least
one GRAS notice to FDA is 486 (466
human food proponents + 20 animal
food proponents).
We have very little information about
the number of proponents who have
documented a GRAS conclusion
without reporting that GRAS conclusion
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to FDA in the form of a GRAS notice.
To estimate the number of such
proponents, we used a publicly
available database entitled
‘‘Independent GRAS (Generally
Recognized As Safe) Conclusion
Inventory Database’’ (Ref. 3), which is a
compilation of the results of a
consulting company’s search of publicly
available information in industry trade
journals about documented GRAS
conclusions for substances intended for
use in human food. The oldest entry is
for the year 1995. We received the first
GRAS notice for substances intended for
use in human food in 1998 and, thus,
the database covers the entire timeframe
during which FDA has been receiving
GRAS notices for substances intended
for use in human food. As of October 2,
2020, that database recorded that there
had been a total of 213 documented
GRAS conclusions, with 41 of those
documented GRAS conclusions
reported to FDA as a GRAS notice and
172 of those documented GRAS
conclusions not reported to FDA as a
GRAS notice. In contrast, as of October
2, 2020, FDA’s inventory of GRAS
notices shows that the number of GRAS
conclusions reported to FDA during this
timeframe was 937, not 41 (Ref. 1). We
assume that the reduced number of
documented GRAS conclusions that the
database recorded as being reported to
FDA is due to the mechanism by which
the database searches for documented
GRAS conclusions (i.e., publications in
industry trade journals). For example,
there could be less incentive for a
business that reports its documented
GRAS conclusion to FDA to publicize
that GRAS conclusion through industry
trade journals, because the business can
publicize FDA’s response to the GRAS
notice in other ways.
The database attributes the 172
documented GRAS conclusions not
reported to FDA to 146 different
proponents. However, 62 of these
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Frm 00061
Fmt 4703
Sfmt 4703
proponents have also submitted a GRAS
notice to FDA and, thus, we calculate
that the database attributes documented
GRAS conclusions to 84 proponents
who have not submitted a GRAS notice
to FDA (146 proponents listed in the
database—62 proponents whom we
already counted because they submitted
a GRAS notice to FDA). We also make
the conservative assumption that the
number of proponents who have
documented GRAS conclusions without
reporting them to FDA since FDA began
receiving GRAS notices is twice as high
as recorded in the database—i.e., 168
proponents (84 proponents listed in the
database × 2).
The publicly available database does
not record documented GRAS
conclusions for substances intended for
use in animal food. In the burden
estimate for the approved information
collection ‘‘Substances Generally
Recognized as Safe: Notification
Procedure’’ (OMB control number 0910–
0342), we estimated that 100 GRAS
notices would be submitted to FDA for
substances intended for use in human
food and that 25 GRAS notices will be
submitted to FDA for substances
intended for use in animal food (86 FR
64943; November 19, 2021). For the
purpose of our current analysis, we use
that 25 percent ratio to estimate that the
number of proponents who have
documented GRAS conclusions for
substances intended for use in animal
food without reporting those GRAS
conclusions to FDA is 25 percent of the
number of proponents who documented
GRAS conclusions for substances
intended for use in human food without
reporting those GRAS conclusions to
FDA—i.e., 42 proponents (168 estimated
proponents who have documented
GRAS conclusions without reporting
those GRAS conclusions to FDA × 0.25).
We estimate that the total number of
proponents who documented GRAS
conclusions without reporting those
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Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices
GRAS conclusions to FDA is 210
proponents (168 estimated proponents
who have documented GRAS
conclusions for substances intended for
use in human food + 42 estimated
proponents who have documented
GRAS conclusions for substances
intended for use in animal food).
To estimate the total number of
proponents, we are adding 210
estimated proponents who have not
reported their documented GRAS
conclusions to FDA to the 486
proponents who have already submitted
at least one GRAS notice to FDA for a
total of 696 proponents who will
document a GRAS conclusion (210 nonreporting proponents + 486 reporting
proponents). As already stated, for the
purpose of this analysis we make the
conservative assumption that all of
these proponents who document GRAS
conclusions (i.e., 696 proponents) will
create a written GRAS panel policy. We
estimate that it will take 40 hours to
create a written GRAS panel policy,
including 8 hours to review relevant,
publicly available policies that address
conflict of interest and 32 hours to tailor
a GRAS panel policy specific to the
proponent, using relevant information
from such existing policies as
appropriate to the needs of the
proponent. As shown in table 1, the
total one-time burden to create a written
GRAS panel policy is 40 hours per
proponent × 696 proponents = 27,840
hours.
Burden Estimate for Records
Documenting the Application of the
GRAS Panel Policy to GRAS Panel
Members
TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
Activity
Number of
recordkeepers
Number of
records per
recordkeeper
Total annual
records
Average burden
per recordkeeping
(in hours)
Total hours
Application of written GRAS panel policy to GRAS panel members .......
94
6
564
16
9,024
khammond on DSKJM1Z7X2PROD with NOTICES
1
There are no capital costs or operating and maintenance costs associated with this collection of information.
Based on the number of annual GRAS
notices submitted to FDA in recent
years, we previously estimated that 100
GRAS notices will be submitted to FDA
for substances intended for use in
human food and that 25 GRAS notices
will be submitted to FDA for substances
intended for use in animal food (OMB
control number 0910–0342; 86 FR
64943), for a total number of 125 GRAS
notices submitted to FDA each year. We
count each GRAS notice as a single
GRAS conclusion, and, for the purpose
of our analysis, we assume that a
different proponent submits each of
these GRAS notices. Therefore, we
estimate that the total number of
documented GRAS conclusions
submitted to FDA on an annual basis is
125 GRAS conclusions and that these
GRAS conclusions are submitted by 125
proponents.
We have not previously estimated the
annual number of documented GRAS
conclusions that are not reported to
FDA as a GRAS notice. To estimate such
GRAS conclusions, we used the same
database (Ref. 3) that we used to
estimate the total number of proponents
who document GRAS conclusions
without reporting the GRAS conclusions
to FDA in the form of a GRAS notice.
As already stated, the oldest recorded
entry in the database is for the year
1995. However, with the exception of
that single entry for 1995, the remaining
entries are for the years 2001 and
beyond. Therefore, we use 20 years (i.e.,
from 2001 through 2020) as the number
of years covering those documented
GRAS conclusions that are not reported
to FDA. For the purpose of calculating
the annual number of documented
GRAS conclusions that are for
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substances intended for use in human
food and are not reported to FDA, we
estimate that there are 171 such GRAS
conclusions (172 documented,
unreported GRAS conclusions for
substances intended for use in human
food minus 1 GRAS conclusion reported
before 2001). We calculate that, on
average, the annual number of
documented, unreported GRAS
conclusions for substances intended for
use in human food and recorded in the
database is 9 (171 documented,
unreported GRAS conclusions/20 years
= 8.55 documented, unreported GRAS
conclusions per year recorded in the
database, rounded up to 9). As with our
analysis of the total number of
proponents, we conservatively assume
that the annual number of documented,
unreported GRAS conclusions for
substances intended for use in human
food could be twice as high as the
annual number of documented,
unreported GRAS conclusions recorded
in the database—i.e., 18 documented,
unreported GRAS conclusions for
substances intended for use in human
food each year (9 documented,
unreported GRAS conclusions recorded
in the database on an annual basis × 2).
As with documented GRAS conclusions
that are reported to FDA, we assume
that a different proponent is responsible
for each documented GRAS conclusion
not reported to FDA and, thus, on an
annual basis there are 18 proponents
who do not report their documented
GRAS conclusions for substances
intended for use in human food to FDA.
We previously estimated that 100 GRAS
notices will be submitted to FDA for
substances intended for use in human
food and that 25 GRAS notices will be
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Frm 00062
Fmt 4703
Sfmt 4703
submitted to FDA for substances
intended for use in animal food (OMB
control number 0910–0342; 84 FR
29216). Using that ratio, we
conservatively assume that the annual
number of documented, unreported
GRAS conclusions for substances
intended for use in animal food is 25
percent of the annual number of
documented, unreported GRAS
conclusions for substances intended for
use in human food—i.e., 5 documented,
unreported GRAS conclusions for
substances intended for use in animal
food on an annual basis (18
documented, unreported GRAS
conclusions for substances intended for
use in human food × 0.25 = 4.5, rounded
up to 5). We also calculate that there are
a total of 23 documented, unreported
GRAS conclusions each year (18
documented, unreported GRAS
conclusions for substances intended for
use in human food + 5 documented,
unreported GRAS conclusions for
substances intended for use in animal
food). We therefore calculate that there
are 148 proponents who document a
GRAS conclusion on an annual basis
(125 proponents who submit their
documented GRAS conclusions to FDA
in a GRAS notice + 23 proponents who
do not submit their documented GRAS
conclusions to FDA in a GRAS notice).
We have information about the
percentage of proponents who convene
a GRAS panel for a documented GRAS
conclusion and also submit a GRAS
notice to FDA. During the time period
April 17, 1997, through October 2, 2020,
on average, 57 percent of proponents
who submitted a GRAS notice for a
substance intended for use in human
food, and 55 percent of proponents who
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Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices
submitted a GRAS notice for a substance
intended for use in animal food,
convened a GRAS panel. We therefore
estimate that, on an annual basis, 57
proponents will convene a GRAS panel
and submit a GRAS notice to FDA for
substances intended for use in human
food (57 percent × 100 proponents), and
14 proponents will convene a GRAS
panel and submit a GRAS notice to FDA
for substances intended for use in
animal food (55 percent × 25
proponents). We calculate that the total
number of proponents who will
convene a GRAS panel and submit a
GRAS notice to FDA is 71 proponents
(57 human food proponents + 14 animal
food proponents). We also assume that
all proponents will document the
application of a written GRAS panel
policy to each member of the GRAS
panel.
We have very little information about
the percentage of proponents who
convene a GRAS panel for a
documented GRAS conclusion but do
not report their documented GRAS
conclusions to FDA in a GRAS notice.
For the purpose of this analysis, we
make the conservative assumption that
all 23 proponents who annually
document GRAS conclusions without
reporting them to FDA will convene a
GRAS panel. Taking into account the
estimated number of proponents who
convene a GRAS panel and submit a
GRAS notice to FDA, and the estimated
number of proponents who convene a
GRAS panel but do not submit a GRAS
notice to FDA, we calculate that the
total number of proponents who will
convene a GRAS panel and document
the application of the written GRAS
panel policy to each member of a GRAS
panel on an annual basis is 94
proponents (71 proponents who submit
GRAS notices to FDA + 23 proponents
who do not submit GRAS notices).
Based on the recommendations in the
guidance, we assume that all GRAS
panels will include at least 3 panel
members and that some GRAS panels
will include as many as 6 panel
members. We assume that a GRAS panel
will include 5 panel members on
average. We also assume that the
proponent will reject at least one
individual with applicable expertise
due to a conflict of interest and, thus,
that 94 proponents will document the
application of the written GRAS panel
policy to 6 individual GRAS panel
members, for a total of 564
documentations of the application of the
written GRAS panel policy (94
proponents × 6 panel members). As
shown in table 2, we estimate that it
will take the proponent 16 hours to
document the application of the written
GRAS policy to each panel member, for
a total of 9,024 hours (564
documentations × 16 hours).
Burden Estimate for Disclosures by
GRAS Panel Members to Proponents of
GRAS Conclusions
TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
Activity
Number of
respondents
Number of
disclosures per
respondent
Total annual
disclosures
Average burden
per disclosure
(in hours)
Total hours
GRAS panel members provide information to the proponents of GRAS
conclusions ................................................................................................
564
1
564
4
2,256
khammond on DSKJM1Z7X2PROD with NOTICES
1
There are no capital costs or operating and maintenance costs associated with this collection of information.
As shown in table 3, we assume that
all 564 individuals who are being
considered as members of a GRAS panel
will each need 4 hours to provide
information related to the panel
selection and vetting process to the
proponent, as detailed in the written
GRAS panel policy, for a total of 2,256
hours (564 individuals × 4 hours).
FDA plans to consolidate this
collection with OMB control number
0910–0342, ‘‘Substances Generally
Recognized as Safe: Notification
Procedure’’ which contains the
regulatory procedures under which a
person may notify FDA about a
conclusion that a substance is GRAS
under the conditions of its intended use
in human and/or animal food and
includes a standard format for the
submission of a GRAS notice. The
revision will add 39,120 burden hours
and 1,260 respondents.
This guidance also refers to
previously approved FDA collections of
information. The collections of
information in 21 CFR parts 170 and
570 have been approved under OMB
control number 0910–0342.
II. References
The following references are on
display with the Dockets Management
VerDate Sep<11>2014
16:55 Oct 26, 2022
Jkt 259001
Staff (see ADDRESSES) and are available
for viewing by interested persons
between 9 a.m. and 4 p.m., Monday
through Friday; they are also available
electronically at https://
www.regulations.gov. FDA has verified
the website addresses, as of the date this
document publishes in the Federal
Register, but websites are subject to
change over time.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
1. FDA (2020). GRAS Notices. Available at
https://www.accessdata.fda.gov/scripts/
fdcc/?set=GRASNotices.
2. FDA (2020). Current Animal Food GRAS
Notices Inventory. Available at https://
www.fda.gov/animal-veterinary/
generally-recognized-safe-grasnotification-program/current-animalfood-gras-notices-inventory.
3. AIBMR Life Sciences, Inc. (2020).
Independent GRAS (Generally
Recognized As Safe) Conclusion
Inventory Database. Available at https://
aibmr.com/natural-products-industrycompliance-consultation/gras-generallyrecognized-as-safe-safety-studies/.
ACTION:
Dated: October 20, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022–23378 Filed 10–26–22; 8:45 am]
BILLING CODE 4164–01–P
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
Food and Drug Administration
[Docket No. FDA–2022–N–2480]
Rare Disease Endpoint Advancement
Pilot Meeting Program
AGENCY:
Food and Drug Administration,
HHS.
Notice.
The seventh iteration of the
Prescription Drug User Fee
Amendments (PDUFA VII) included as
part of the FDA User Fee
Reauthorization Act of 2022 highlights
the goal of advancing and facilitating
the development and timely approval of
drugs and biological products for rare
diseases, including rare diseases in
children. The Food and Drug
Administration (FDA or Agency) is
announcing the Rare Disease Endpoint
Advancement Pilot Meeting Program
(RDEA Pilot Program) established under
the seventh iteration of PDUFA that
affords sponsors who are admitted into
the RDEA Pilot Program additional
engagement opportunities with the
Agency to discuss efficacy endpoint
development in rare disease drug and
SUMMARY:
E:\FR\FM\27OCN1.SGM
27OCN1
Agencies
[Federal Register Volume 87, Number 207 (Thursday, October 27, 2022)]
[Notices]
[Pages 65081-65085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23378]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2017-D-0085]
Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Substances Generally
Recognized as Safe: Best Practices for Convening a Generally Recognized
as Safe Panel
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
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 November 28, 2022.
ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The title of this
information collection is ``Substances Generally Recognized as Safe:
Best Practices for Convening a GRAS Panel.'' Also include the FDA
docket number found in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT: Rachel Showalter, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852, 240-994-7399,
[email protected].
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.
I. Background
Best Practices for Convening a Generally Recognized as Safe Panel
OMB Control Number 0910-NEW
This information collection supports FDA's implementation of Agency
guidance. In 2017, FDA developed and published for comment a draft
guidance entitled ``Best Practices for Convening a Generally Recognized
as Safe Panel,'' (https://www.fda.gov/media/109006/download) which,
once finalized, would assist persons who choose to convene a panel of
experts in support of a conclusion that the use of a substance in food
is generally recognized as safe (GRAS).
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 for their intended use in food 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
[[Page 65082]]
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 generally GRAS by qualified experts.
The GRAS provision of section 201(s) of the FD&C Act is implemented
in 21 CFR part 170 for human food and 21 CFR part 570 for animal food.
The regulations provide the criteria for when the use of a substance in
food for humans or animals is GRAS. Part 170, subpart E and part 570,
subpart E provide the procedure under which a person (also referred to
as the ``proponent'' of a GRAS conclusion) may notify FDA about a
conclusion that a substance is GRAS under the conditions of its
intended use in human and/or animal food. This includes a standard
format for the submission of a GRAS notice. The information submitted
to us in a GRAS notice is necessary to allow us to administer
efficiently the FD&C Act's various provisions that apply to the use of
substances added to food; specifically, whether a substance is GRAS
under the conditions of its intended use or whether it is a food
additive subject to premarket review and approval by FDA. To support a
GRAS conclusion, a proponent may convene a panel of qualified experts
to provide evidence that generally available safety data and
information about the intended use of the substance in food are
generally accepted among experts, which is one of the criteria for
eligibility for GRAS status (81 FR 54959 at 54975; August 17, 2016).
From 2008 to 2010, the Government Accountability Office (GAO)
conducted a study related to ingredients used in human food on the
basis of the GRAS provision in section 201(s) of the FD&C Act. In 2010,
GAO issued a report (the GAO report \1\) that included recommendations
for FDA. Of relevance here, the GAO report recommended that FDA develop
a strategy to minimize the potential for conflicts of interest among
GRAS panel members, including issuing guidance for companies on
conflict of interest, and we requested comment on issuing such a
guidance in our reopening notice (75 FR 81536 at 81542; December 28,
2010). In the GRAS final rule, we stated our intent to issue such
guidance (see Response 125, 81 FR 54959 at 55026). This guidance
recommends an assessment for conflict of interest and the appearance of
conflict of interest as part of the best practices for convening a GRAS
panel and would address the final outstanding GAO recommendation for
FDA from the 2010 report.
---------------------------------------------------------------------------
\1\ United States Government Accountability Office (2010).
``Report to Congressional Requestors on Food Safety: FDA Should
Strengthen Its Oversight of Food Ingredients Determined to Be
Generally Recognized as Safe (GRAS),'' Report No. GAO-10-246.
Available at https://www.gao.gov/assets/gao-10-246.pdf.
---------------------------------------------------------------------------
The guidance document recommends specific content elements
pertaining to recordkeeping and third-party disclosure. The guidance
explains a recordkeeping recommendation for proponents to develop a
one-time, written GRAS panel policy record describing how it will
convene a panel. The proponent creates the written policy to fit its
needs. The guidance document discusses a third-party disclosure
recommendation for prospective panel members to provide vetting
information to proponents, to ascertain expertise and reduce risk of
bias. The guidance document also explains a recordkeeping
recommendation for proponents to document the application of the GRAS
panel policy to each GRAS panel member as part of the vetting process.
Respondents do not submit to FDA the recordkeeping or third-party
disclosure information.
The guidance will assist respondents convening a GRAS panel. The
information collection recommendations (establishment of a written GRAS
panel policy, solicitation of information from prospective GRAS panel
members about potential conflicts of interest and other sources of
bias, and documentation of the application of the GRAS panel policy to
each GRAS panel member) would help the respondent to identify GRAS
panel members who have appropriate and balanced expertise and reduce
the risk that bias (or the appearance of bias) will affect the
credibility of the GRAS panel's output.
Description of Respondents: Respondents to this collection of
information are 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 independently 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 would also include members and prospective members of GRAS
panels. We estimate that there are 1,260 such respondents as discussed
more fully below. 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 November 16, 2017 (82 FR 53433), we
published a draft guidance requesting public comment on the proposed
collection of information. We received 13 comments with almost half
being responsive to PRA topics. All comments were considered even if
they were not fully captured by our paraphrasing in this document. Most
comments communicated general support for the information collection.
Comments articulated that the guidance would promote uniformity of
practices for industry and mitigate potential conflicts and biases. One
comment expressed that the recommendations for preparing a GRAS panel
policy are not unusual or burdensome to proponents, although another
comment believed that establishment and implementation of a written
GRAS panel policy would be burdensome. However, the comment recognized
that the proponent drafts the written policy, which allows the
proponent to tailor the policy to itself and make the policy broad
enough to cover the wide range of issues it may encounter. The comment
further stated that many in industry already employ policies and
procedures recommended in the guidance. Another comment believed that
the time estimates to perform the information collections are
reasonable. No other comments were received disputing the need for the
information, the accuracy of our burden estimate, or ways to minimize
burden. Although we are preparing to finalize the guidance document to
clarify discussions around evaluating and managing conflicts of
interest and appearance issues, to emphasize that a GRAS panel is not
necessary, and providing additional background information regarding
the value of a GRAS panel in providing evidence to support the
``general acceptance'' aspect of the criteria for eligibility for GRAS
status through scientific procedures, none of the revisions pertain to
the information collection recommendations discussed in our 60-day
notice.
Since the publication of the 60-day notice, we have further
considered the burden estimate and adjusted it based on updated
information available to us from FDA's GRAS Notices Inventory and the
Independent GRAS Conclusion Inventory Database (Refs. 1, 2, and 3).
The records recommended in the guidance to be maintained by a
proponent include a one-time information collection burden pertaining
to a written GRAS panel policy to govern the assembly and
[[Page 65083]]
conduct of a GRAS panel. The records recommended in the guidance also
include annual information collection burdens pertaining to documenting
the application of the written GRAS panel policy to each member of a
GRAS panel convened in a given year and collecting information from
prospective members of the GRAS panel to conduct the vetting process as
detailed in the written GRAS panel policy. Finally, the guidance
recommends that a GRAS panel provides a written report of its findings;
however, we consider a written GRAS panel report as customary business
practice that is already being created by GRAS panels and, thus, we do
not estimate an annual information collection burden for the creation
of a GRAS panel report.
We estimate the burden of this collection of information as
follows:
Burden Estimate for Written GRAS Panel Policy Recommendation
Table 1--Estimated One-Time Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Average burden per
Activity Number of records per Total annual recordkeeping (in Total hours
recordkeepers recordkeeper records hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Establishing written GRAS panel policy....................... 696 1 696 40 27,840
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
For the purpose of this analysis, we make the conservative
assumption that all proponents who document a GRAS conclusion will
create a written GRAS panel policy that would apply to GRAS panels
convened in the first year that the final guidance would be in effect,
as well as to GRAS panels convened in subsequent years. We also assume
that these proponents will create a written GRAS panel policy
regardless of whether they report the panel's documented GRAS
conclusion to FDA in the form of a GRAS notice. Therefore, for the
purpose of this analysis we: (1) calculated the number of proponents
who have submitted at least one GRAS notice to FDA and (2) estimated
the number of proponents who have documented at least one GRAS
conclusion without reporting that documented GRAS conclusion to FDA in
the form of a GRAS notice.
Using the data in our inventories of GRAS notices submitted for
substances intended for use in human food (Ref. 1) and animal food
(Ref. 2) during the time period of April 17, 1997, through October 2,
2020, we calculate that 466 proponents submitted at least one GRAS
notice for a substance intended for use in human food, and 20
proponents submitted at least one GRAS notice for a substance intended
for use in animal food. For the purpose of this analysis, we make the
conservative assumption that there will be no overlap between
proponents who submit GRAS notices for substances intended for use in
human food and proponents who submit GRAS notices for substances
intended for use in animal food. Therefore, the total number of
proponents who have submitted at least one GRAS notice to FDA is 486
(466 human food proponents + 20 animal food proponents).
We have very little information about the number of proponents who
have documented a GRAS conclusion without reporting that GRAS
conclusion to FDA in the form of a GRAS notice. To estimate the number
of such proponents, we used a publicly available database entitled
``Independent GRAS (Generally Recognized As Safe) Conclusion Inventory
Database'' (Ref. 3), which is a compilation of the results of a
consulting company's search of publicly available information in
industry trade journals about documented GRAS conclusions for
substances intended for use in human food. The oldest entry is for the
year 1995. We received the first GRAS notice for substances intended
for use in human food in 1998 and, thus, the database covers the entire
timeframe during which FDA has been receiving GRAS notices for
substances intended for use in human food. As of October 2, 2020, that
database recorded that there had been a total of 213 documented GRAS
conclusions, with 41 of those documented GRAS conclusions reported to
FDA as a GRAS notice and 172 of those documented GRAS conclusions not
reported to FDA as a GRAS notice. In contrast, as of October 2, 2020,
FDA's inventory of GRAS notices shows that the number of GRAS
conclusions reported to FDA during this timeframe was 937, not 41 (Ref.
1). We assume that the reduced number of documented GRAS conclusions
that the database recorded as being reported to FDA is due to the
mechanism by which the database searches for documented GRAS
conclusions (i.e., publications in industry trade journals). For
example, there could be less incentive for a business that reports its
documented GRAS conclusion to FDA to publicize that GRAS conclusion
through industry trade journals, because the business can publicize
FDA's response to the GRAS notice in other ways.
The database attributes the 172 documented GRAS conclusions not
reported to FDA to 146 different proponents. However, 62 of these
proponents have also submitted a GRAS notice to FDA and, thus, we
calculate that the database attributes documented GRAS conclusions to
84 proponents who have not submitted a GRAS notice to FDA (146
proponents listed in the database--62 proponents whom we already
counted because they submitted a GRAS notice to FDA). We also make the
conservative assumption that the number of proponents who have
documented GRAS conclusions without reporting them to FDA since FDA
began receiving GRAS notices is twice as high as recorded in the
database--i.e., 168 proponents (84 proponents listed in the database x
2).
The publicly available database does not record documented GRAS
conclusions for substances intended for use in animal food. In the
burden estimate for the approved information collection ``Substances
Generally Recognized as Safe: Notification Procedure'' (OMB control
number 0910-0342), we estimated that 100 GRAS notices would be
submitted to FDA for substances intended for use in human food and that
25 GRAS notices will be submitted to FDA for substances intended for
use in animal food (86 FR 64943; November 19, 2021). For the purpose of
our current analysis, we use that 25 percent ratio to estimate that the
number of proponents who have documented GRAS conclusions for
substances intended for use in animal food without reporting those GRAS
conclusions to FDA is 25 percent of the number of proponents who
documented GRAS conclusions for substances intended for use in human
food without reporting those GRAS conclusions to FDA--i.e., 42
proponents (168 estimated proponents who have documented GRAS
conclusions without reporting those GRAS conclusions to FDA x 0.25). We
estimate that the total number of proponents who documented GRAS
conclusions without reporting those
[[Page 65084]]
GRAS conclusions to FDA is 210 proponents (168 estimated proponents who
have documented GRAS conclusions for substances intended for use in
human food + 42 estimated proponents who have documented GRAS
conclusions for substances intended for use in animal food).
To estimate the total number of proponents, we are adding 210
estimated proponents who have not reported their documented GRAS
conclusions to FDA to the 486 proponents who have already submitted at
least one GRAS notice to FDA for a total of 696 proponents who will
document a GRAS conclusion (210 non-reporting proponents + 486
reporting proponents). As already stated, for the purpose of this
analysis we make the conservative assumption that all of these
proponents who document GRAS conclusions (i.e., 696 proponents) will
create a written GRAS panel policy. We estimate that it will take 40
hours to create a written GRAS panel policy, including 8 hours to
review relevant, publicly available policies that address conflict of
interest and 32 hours to tailor a GRAS panel policy specific to the
proponent, using relevant information from such existing policies as
appropriate to the needs of the proponent. As shown in table 1, the
total one-time burden to create a written GRAS panel policy is 40 hours
per proponent x 696 proponents = 27,840 hours.
Burden Estimate for Records Documenting the Application of the GRAS
Panel Policy to GRAS Panel Members
Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Average burden per
Activity Number of records per Total annual recordkeeping (in Total hours
recordkeepers recordkeeper records hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Application of written GRAS panel policy to GRAS panel 94 6 564 16 9,024
members.....................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
Based on the number of annual GRAS notices submitted to FDA in
recent years, we previously estimated that 100 GRAS notices will be
submitted to FDA for substances intended for use in human food and that
25 GRAS notices will be submitted to FDA for substances intended for
use in animal food (OMB control number 0910-0342; 86 FR 64943), for a
total number of 125 GRAS notices submitted to FDA each year. We count
each GRAS notice as a single GRAS conclusion, and, for the purpose of
our analysis, we assume that a different proponent submits each of
these GRAS notices. Therefore, we estimate that the total number of
documented GRAS conclusions submitted to FDA on an annual basis is 125
GRAS conclusions and that these GRAS conclusions are submitted by 125
proponents.
We have not previously estimated the annual number of documented
GRAS conclusions that are not reported to FDA as a GRAS notice. To
estimate such GRAS conclusions, we used the same database (Ref. 3) that
we used to estimate the total number of proponents who document GRAS
conclusions without reporting the GRAS conclusions to FDA in the form
of a GRAS notice. As already stated, the oldest recorded entry in the
database is for the year 1995. However, with the exception of that
single entry for 1995, the remaining entries are for the years 2001 and
beyond. Therefore, we use 20 years (i.e., from 2001 through 2020) as
the number of years covering those documented GRAS conclusions that are
not reported to FDA. For the purpose of calculating the annual number
of documented GRAS conclusions that are for substances intended for use
in human food and are not reported to FDA, we estimate that there are
171 such GRAS conclusions (172 documented, unreported GRAS conclusions
for substances intended for use in human food minus 1 GRAS conclusion
reported before 2001). We calculate that, on average, the annual number
of documented, unreported GRAS conclusions for substances intended for
use in human food and recorded in the database is 9 (171 documented,
unreported GRAS conclusions/20 years = 8.55 documented, unreported GRAS
conclusions per year recorded in the database, rounded up to 9). As
with our analysis of the total number of proponents, we conservatively
assume that the annual number of documented, unreported GRAS
conclusions for substances intended for use in human food could be
twice as high as the annual number of documented, unreported GRAS
conclusions recorded in the database--i.e., 18 documented, unreported
GRAS conclusions for substances intended for use in human food each
year (9 documented, unreported GRAS conclusions recorded in the
database on an annual basis x 2). As with documented GRAS conclusions
that are reported to FDA, we assume that a different proponent is
responsible for each documented GRAS conclusion not reported to FDA
and, thus, on an annual basis there are 18 proponents who do not report
their documented GRAS conclusions for substances intended for use in
human food to FDA. We previously estimated that 100 GRAS notices will
be submitted to FDA for substances intended for use in human food and
that 25 GRAS notices will be submitted to FDA for substances intended
for use in animal food (OMB control number 0910-0342; 84 FR 29216).
Using that ratio, we conservatively assume that the annual number of
documented, unreported GRAS conclusions for substances intended for use
in animal food is 25 percent of the annual number of documented,
unreported GRAS conclusions for substances intended for use in human
food--i.e., 5 documented, unreported GRAS conclusions for substances
intended for use in animal food on an annual basis (18 documented,
unreported GRAS conclusions for substances intended for use in human
food x 0.25 = 4.5, rounded up to 5). We also calculate that there are a
total of 23 documented, unreported GRAS conclusions each year (18
documented, unreported GRAS conclusions for substances intended for use
in human food + 5 documented, unreported GRAS conclusions for
substances intended for use in animal food). We therefore calculate
that there are 148 proponents who document a GRAS conclusion on an
annual basis (125 proponents who submit their documented GRAS
conclusions to FDA in a GRAS notice + 23 proponents who do not submit
their documented GRAS conclusions to FDA in a GRAS notice).
We have information about the percentage of proponents who convene
a GRAS panel for a documented GRAS conclusion and also submit a GRAS
notice to FDA. During the time period April 17, 1997, through October
2, 2020, on average, 57 percent of proponents who submitted a GRAS
notice for a substance intended for use in human food, and 55 percent
of proponents who
[[Page 65085]]
submitted a GRAS notice for a substance intended for use in animal
food, convened a GRAS panel. We therefore estimate that, on an annual
basis, 57 proponents will convene a GRAS panel and submit a GRAS notice
to FDA for substances intended for use in human food (57 percent x 100
proponents), and 14 proponents will convene a GRAS panel and submit a
GRAS notice to FDA for substances intended for use in animal food (55
percent x 25 proponents). We calculate that the total number of
proponents who will convene a GRAS panel and submit a GRAS notice to
FDA is 71 proponents (57 human food proponents + 14 animal food
proponents). We also assume that all proponents will document the
application of a written GRAS panel policy to each member of the GRAS
panel.
We have very little information about the percentage of proponents
who convene a GRAS panel for a documented GRAS conclusion but do not
report their documented GRAS conclusions to FDA in a GRAS notice. For
the purpose of this analysis, we make the conservative assumption that
all 23 proponents who annually document GRAS conclusions without
reporting them to FDA will convene a GRAS panel. Taking into account
the estimated number of proponents who convene a GRAS panel and submit
a GRAS notice to FDA, and the estimated number of proponents who
convene a GRAS panel but do not submit a GRAS notice to FDA, we
calculate that the total number of proponents who will convene a GRAS
panel and document the application of the written GRAS panel policy to
each member of a GRAS panel on an annual basis is 94 proponents (71
proponents who submit GRAS notices to FDA + 23 proponents who do not
submit GRAS notices).
Based on the recommendations in the guidance, we assume that all
GRAS panels will include at least 3 panel members and that some GRAS
panels will include as many as 6 panel members. We assume that a GRAS
panel will include 5 panel members on average. We also assume that the
proponent will reject at least one individual with applicable expertise
due to a conflict of interest and, thus, that 94 proponents will
document the application of the written GRAS panel policy to 6
individual GRAS panel members, for a total of 564 documentations of the
application of the written GRAS panel policy (94 proponents x 6 panel
members). As shown in table 2, we estimate that it will take the
proponent 16 hours to document the application of the written GRAS
policy to each panel member, for a total of 9,024 hours (564
documentations x 16 hours).
Burden Estimate for Disclosures by GRAS Panel Members to Proponents of
GRAS Conclusions
Table 3--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Average burden
Activity Number of disclosures per Total annual per disclosure Total hours
respondents respondent disclosures (in hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
GRAS panel members provide information to the proponents of 564 1 564 4 2,256
GRAS conclusions..............................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
As shown in table 3, we assume that all 564 individuals who are
being considered as members of a GRAS panel will each need 4 hours to
provide information related to the panel selection and vetting process
to the proponent, as detailed in the written GRAS panel policy, for a
total of 2,256 hours (564 individuals x 4 hours).
FDA plans to consolidate this collection with OMB control number
0910-0342, ``Substances Generally Recognized as Safe: Notification
Procedure'' which contains the regulatory procedures under which a
person may notify FDA about a conclusion that a substance is GRAS under
the conditions of its intended use in human and/or animal food and
includes a standard format for the submission of a GRAS notice. The
revision will add 39,120 burden hours and 1,260 respondents.
This guidance also refers to previously approved FDA collections of
information. The collections of information in 21 CFR parts 170 and 570
have been approved under OMB control number 0910-0342.
II. References
The following references are on display with the Dockets Management
Staff (see ADDRESSES) and are available for viewing by interested
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also
available electronically at https://www.regulations.gov. FDA has
verified the website addresses, as of the date this document publishes
in the Federal Register, but websites are subject to change over time.
1. FDA (2020). GRAS Notices. Available at https://www.accessdata.fda.gov/scripts/fdcc/?set=GRASNotices.
2. FDA (2020). Current Animal Food GRAS Notices Inventory. Available
at https://www.fda.gov/animal-veterinary/generally-recognized-safe-gras-notification-program/current-animal-food-gras-notices-inventory.
3. AIBMR Life Sciences, Inc. (2020). Independent GRAS (Generally
Recognized As Safe) Conclusion Inventory Database. Available at
https://aibmr.com/natural-products-industry-compliance-consultation/gras-generally-recognized-as-safe-safety-studies/.
Dated: October 20, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-23378 Filed 10-26-22; 8:45 am]
BILLING CODE 4164-01-P