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It is not at all clear that “HHS can eliminate the self affirmed GRAS pathway which allows companies to independently determine a substance is GRAS without notifying the FDA.”Perhaps?
You are correct that to completely eliminate GRAS it would need to involve Congress.
HHS can eliminate the self affirmed GRAS pathway which allows companies to independently determine a substance is GRAS without notifying the FDA.
This change would require companies to submit GRAS notices to the FDA, including safety data, for review before introducing new ingredients into the food supply. The FDA currently encourages voluntary GRAS notifications but does not mandate them.
That would end the loophole.
Second, there is a significant question as to what, if any, authority FDA has “to eliminate the self-affirmed GRAS pathway” as described in the press release, without amendment of the FDCA. The current law, as noted above, provides FDA with jurisdiction to authorize only food additives, as defined by the Act, to be used in food. However, the definition of food additive excludes, among others, substances that are “generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures . . . to be safe under the conditions of its intended use.” That does not give FDA much room to regulate these substances.
This article explains the history and legal aspects:
Could Self-GRAS Determinations Be Eliminated? | PackagingLaw.com
HHS Secretary Robert F. Kennedy, Jr., Moves to Revise FDA Food Safety Regulations
LOL. It’s like you only believe something if it’s a conspiracy theory.Lol. Its like you've been asleep for the past 30 years.