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Functional foods and beverages Proposed service Law checked October 22, 2026

In a food or beverage, a botanical ingredient must be lawful as food and survive the process, the package and the shelf

For beverage and food developers, and for ingredient suppliers moving from supplements into foods: the lawful-basis routes and FDA's GRAS record, the processing limits that break botanicals, and the stages and documents EUTECNIQ proposes.

Status. EUTECNIQ is in formation and has no food products, customers or test data. The services below are proposals. Legal statements summarize U.S. federal law as of October 22, 2026 and are not legal advice.

1,071 of 1,317closed GRAS notices answered "no questions" (FDA inventory, updated October 21, 2026)
34%of closed notices for substances named "extract" ended at the notifier's request, against 17% overall
Dec 9, 2026comment deadline on FDA's proposal to make GRAS notification mandatory (91 FR 51834)
pH 4.6 · aw 0.85thresholds that bring the canning and acidified-food rules (Parts 113, 114) into play
The journey

Three kinds of food business need the same two answers: is it lawful, and will it last

Choose a customer to follow its path from the rules to the documents it would receiveProposed service flow
Rules link to eCFR. Stages and documents are EUTECNIQ proposals; EUTECNIQ has no laboratory yet. Documents are described in the deliverables library.
Text version: customers, rules, stages and documents

Customers

  • Beverage developers Ready-to-drink products, shots, concentrates and powders that must stay clear or uniform for their whole shelf life.
  • Food manufacturers Bars, baked goods, dairy and plant-based products where heat, moisture and taste limit what a botanical can do.
  • Ingredient suppliers Have a supplement ingredient, want a food use, and need its legal basis and processing data.

Rules that apply

Platform stages and tests (proposed)

What the customer would receive

The problem

An ingredient sold in supplements is not automatically lawful, or stable, in a food

The legal routes differ, and a beverage or a baked product exposes the ingredient to heat, acid, water, oxygen and light that a capsule never sees.

Twenty-three CFR rule sets touch a food or beverage ingredient maker with a laboratoryeCFR counts

Area is the number of sections in eCFR, a measure of length, not of importance; "*" marks rules that apply only in the circumstances they name. Select a part to open it in eCFR.Applicability as mapped on the CFR atlas; section counts from the eCFR API, up to date as of October 21, 2026. Orientation, not legal advice.
Data table: every rule set in the treemap
CFR parts for a food or beverage ingredient maker: A food or beverage ingredient maker with a laboratory (eCFR section counts)
Rule setWhat it coversAgency groupeCFR sectionsLevel
21 CFR Part 184Direct Food Substances Affirmed as Generally Recognized as Safe. Ingredients FDA has affirmed as GRAS for the purposes and conditions stated in each section.FDA · 21 CFR215Check
21 CFR Part 182Substances Generally Recognized as Safe. Substances generally recognized as safe, including spices (§ 182.10) and essential oils and natural extractives (§ 182.20).FDA · 21 CFR85Check
21 CFR Part 117Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food. CGMP, hazard analysis and preventive controls for human food, including dietary ingredients.FDA · 21 CFR61Applies
21 CFR Part 101Food Labeling. Food labels: Supplement Facts (§ 101.36), health claims (§ 101.14) and structure/function statements (§ 101.93).FDA · 21 CFR50Applies
21 CFR Part 1, Subpart RLaboratory Accreditation for Analyses of Foods. Certain food tests, such as tests to support admission of an import, must be run by a LAAF-accredited laboratory.FDA · 21 CFR42Check
21 CFR Part 170Food Additives. Food additive rules and the GRAS notice procedure (Subpart E); a 2026 proposal would make GRAS notices mandatory.FDA · 21 CFR41Applies
21 CFR Part 58Good Laboratory Practice for Nonclinical Laboratory Studies. Good laboratory practice for nonclinical studies supporting the FDA submissions listed in § 58.3; NDINs are not listed.FDA · 21 CFR36Check
21 CFR Part 1, Subpart SAdditional Traceability Records for Certain Foods. Extra traceability records for foods on FDA's Food Traceability List, which names fresh herbs; dried herbs, extracts and supplements are not named.FDA · 21 CFR33Check
21 CFR Part 1, Subpart OSanitary Transportation of Human and Animal Food. Shippers, loaders, carriers and receivers keep food safe during transport; § 1.900(b) lists exempt operations.FDA · 21 CFR18Check
21 CFR Part 1, Subpart HRegistration of Food Facilities. Facilities that make, process, pack or hold food for U.S. consumption register with FDA and renew every two years.FDA · 21 CFR14Applies
21 CFR Part 1, Subpart JEstablishment, Maintenance, and Availability of Records. Keep records of the immediate previous source and the immediate subsequent recipient of food.FDA · 21 CFR13Applies
21 CFR Part 172, Subpart FFood Additives Permitted for Direct Addition to Food for Human Consumption. Natural flavoring substances and adjuvants, many of them plants, with their conditions of use (§ 172.510).FDA · 21 CFR11Check
21 CFR Part 7, Subpart CEnforcement Policy. FDA's recall policy: recalls are voluntary actions, classified by health hazard, with a recall strategy.FDA · 21 CFR10Check
21 CFR Part 11Electronic Records; Electronic Signatures. Electronic records and signatures that meet FDA record rules must be trustworthy, reliable and equivalent to paper.FDA · 21 CFR10Applies
40 CFR Part 180Tolerances and Exemptions for Pesticide Chemical Residues in Food. Tolerances and exemptions for pesticide residues in food; inert-ingredient exemptions are in §§ 180.910–180.960.EPA · 40 CFR755Applies
40 CFR Part 261Identification and Listing of Hazardous Waste. Which wastes are hazardous: ignitable wastes (§ 261.21) and listed wastes such as spent solvents (§ 261.31).EPA · 40 CFR83Check
40 CFR Part 262Standards Applicable to Generators of Hazardous Waste. Duties of hazardous-waste generators, scaled by generator category.EPA · 40 CFR66Check
29 CFR 1910.1200Hazard communication.. Hazard communication: hazard classification, labels, safety data sheets and worker training.OSHA · 29 CFR1Applies
29 CFR 1910.132General requirements.. Workplace hazard assessment and personal protective equipment.OSHA · 29 CFR1Applies
29 CFR 1910.134Respiratory protection.. Respiratory protection programs where respirators are needed.OSHA · 29 CFR1Check
29 CFR 1910.147The control of hazardous energy (lockout/tagout).. Lockout/tagout of hazardous energy during servicing and maintenance of machines.OSHA · 29 CFR1Check
29 CFR 1910.1000Air contaminants.. Permissible exposure limits for air contaminants, such as solvent vapors.OSHA · 29 CFR1Check
29 CFR 1910.1450Occupational exposure to hazardous chemicals in laboratories.. Chemical hygiene plan and exposure controls for laboratory use of hazardous chemicals.OSHA · 29 CFR1Applies
Total23 rule sets; 10 apply, the rest apply only in the circumstances they name1549947 in rules that apply
Explanation, details and sources

A different legal basis Regulatory requirement

A new dietary ingredient notification covers use in dietary supplements. In a conventional food, the ingredient generally has to be an approved food additive or generally recognized as safe (GRAS) for that use.

21 U.S.C. 321(s), 348, 350b.

A harsher environment Planning view

Pasteurization, acidification, baking and long ambient storage can degrade active constituents, change color and taste, and break emulsions. These losses have to be measured in the real product, at the real process conditions.

Formats

Each format fails in its own way

The design response is chosen after the failure mode is known.

Five food and beverage formats, the physical risk each poses to a botanical and the design responseEUTECNIQ planning view
Five food and beverage formats with the botanical's role, the main physical risk and the proposed design responseReady-to-drink beveragesWater-soluble extracts or emulsified lipophilicactives.•Risk: Creaming, sediment, haze and flavor changeover shelf life•Response: Droplet-size control, density matching,pH and preservative designShots and concentratesA high active load in a small volume.•Risk: Precipitation at the solubility limit; intensebitterness•Response: Food-grade solubilization, dilutiontesting, taste maskingBeverage emulsionsCarriers for oil-soluble actives and flavors.•Risk: Creaming and Ostwald ripening•Response: Emulsifier selection, homogenization,weighting with lawful agentsPowdered drink mixesDried extracts or encapsulated oils.•Risk: Poor wetting, clumping, caking, oxidation•Response: Spray drying, agglomeration,encapsulation, moisture controlBars, baked goods, dairy and plant-basedfoodsExtracts or powders blended into a solid orsemisolid matrix.•Risk: Heat, browning reactions, moisturemigration, bitterness•Response: Heat-stability screening,encapsulation, assays validated in each matrixFive food and beverage formats with the botanical's role, the main physical risk and the proposed design responseReady-to-drink beveragesWater-soluble extracts or emulsified lipophilic actives.•Risk: Creaming, sediment, haze and flavor change overshelf life•Response: Droplet-size control, density matching, pHand preservative designShots and concentratesA high active load in a small volume.•Risk: Precipitation at the solubility limit; intensebitterness•Response: Food-grade solubilization, dilution testing,taste maskingBeverage emulsionsCarriers for oil-soluble actives and flavors.•Risk: Creaming and Ostwald ripening•Response: Emulsifier selection, homogenization,weighting with lawful agentsPowdered drink mixesDried extracts or encapsulated oils.•Risk: Poor wetting, clumping, caking, oxidation•Response: Spray drying, agglomeration, encapsulation,moisture controlBars, baked goods, dairy and plant-based foodsExtracts or powders blended into a solid or semisolidmatrix.•Risk: Heat, browning reactions, moisture migration,bitterness•Response: Heat-stability screening, encapsulation,assays validated in each matrix
General formulation engineering; emulsion physics on the emulsions page and in the creaming chart below.
Show the table (5 rows): Food and beverage formats with the botanical's role, the main physical risk and the propos
Food and beverage formats with the botanical's role, the main physical risk and the proposed design response.
FormatBotanical's roleMain physical riskDesign response EUTECNIQ proposes
Ready-to-drink beveragesWater-soluble extracts or emulsified lipophilic actives.Creaming, sediment, haze and flavor change over the shelf life.Droplet-size control, density matching, pH and preservative design.
Shots and concentratesA high active load in a small volume.Precipitation at the solubility limit; intense bitterness.Food-grade solubilization, dilution testing, taste masking.
Beverage emulsionsCarriers for oil-soluble actives and flavors.Creaming and Ostwald ripening (growth of large droplets at the expense of small ones).Emulsifier selection, homogenization, weighting with lawful agents.
Powdered drink mixesDried extracts or encapsulated oils.Poor wetting, clumping, caking and oxidation.Spray drying, agglomeration, encapsulation, moisture control.
Functional foods bars, baked goods, dairy and plant-based productsExtracts or powders blended into a solid or semisolid matrix.Heat during baking or extrusion, browning reactions, moisture migration, bitterness.Heat-stability screening, encapsulation, assays validated in each food matrix.
Regulatory frame

Every ingredient in a conventional food needs a lawful basis for that use

Two routes cover most new botanical food ingredients; the GRAS page covers both in depth.

Four questions settle whether a botanical has a lawful basis in a foodStatute and regulation Guidance
Four questions that decide the lawful basis of a botanical ingredient in a food or beverage: supplement route, GRAS, food additive regulation, and significant manufacturing changesQuestionConsequence of the answer shown on the arrow1Is it an ingredient of a dietary supplement rather than ofa conventional food?Supplement ingredients are outside the food-additive definitionSupplement provisions applyA new dietary ingredient notification coverssupplement use only, not food useYesStatute2Is it generally recognized as safe for this intended use?Qualified experts' views; common knowledge in the scientificcommunityGRAS routeNotification to FDA is voluntary today; a proposed rulewould require it. Scientific-procedure GRAS needs thesame evidence as an additiveYesFinal rule · proposed rule3Otherwise, does an FDA food additive regulation coverthis use?21 U.S.C. 348(a); 21 CFR Part 171Deemed unsafe until FDA issues a regulationPetition FDA. Standard: a reasonable certainty in theminds of competent scientists that it is not harmfulunder its intended conditions of useNoStatute · regulation4Has the way a food substance already on the market ismade changed significantly?June 2014 final guidanceConsult FDAEspecially when the change involves an emergingtechnology such as nanotechnologyYesFinal guidanceFour questions that decide the lawful basis of a botanical ingredient in a food or beverage: supplement route, GRAS, food additive regulation, and significant manufacturing changes1Is it an ingredient of a dietary supplementrather than of a conventional food?Supplement ingredients are outside thefood-additive definitionSupplement provisions applyA new dietary ingredient notification coverssupplement use only, not food useYes · Statute2Is it generally recognized as safe for thisintended use?Qualified experts' views; common knowledge in thescientific communityGRAS routeNotification to FDA is voluntary today; a proposedrule would require it. Scientific-procedure GRASneeds the same evidence as an additiveYes · Final rule · proposed rule3Otherwise, does an FDA food additiveregulation cover this use?21 U.S.C. 348(a); 21 CFR Part 171Deemed unsafe until FDA issues a regulationPetition FDA. Standard: a reasonable certainty inthe minds of competent scientists that it is notharmful under its intended conditions of useNo · Statute · regulation4Has the way a food substance already on themarket is made changed significantly?June 2014 final guidanceConsult FDAEspecially when the change involves an emergingtechnology such as nanotechnologyYes · Final guidance
21 U.S.C. 321(s), 348(a), 350b; 21 CFR 170.3(i), 170.30, 170.205, Part 171; FDA, docket FDA-2011-D-0490 (final guidance, June 2014).
GRAS notification is voluntary today; the August 2026 proposal would make it mandatoryProposed rule, status October 22, 2026
GRAS reform as of October 22, 2026: the rule proposed on August 11, 2026, comments closing December 9, 2026, and, as proposed, an effective date 60 days after a final rule and compliance 18 months after that; until then notification stays voluntaryComment period, August 11 to December 9, 2026Comment periodAug 11, 2026Oct 22, 2026Dec 9, 2026Rule proposed · 91 FR 51834Status date of this pageComments closeFinal rule publishedDate not setRule takes effect60 days laterCompliance due18 months after thatRight of the break: as proposed, not to scaleToday: self-affirmed GRAS conclusions remain legally permissible and "any person may notify FDA" (21 CFR 170.205). As proposed, FDA would still answer withletters such as a "no questions" letter, not premarket approval, and supplement ingredients would not be eligible for GRAS for that use.GRAS reform timelineGRAS reform, status October 22, 2026•Aug 11, 2026: rule proposed (91 FR 51834)•Dec 9, 2026: comments close•Final rule: date not set•As proposed: effective 60 days after the final rule;compliance 18 months after that•Today: self-affirmed GRAS is legally permissible;notification is voluntary•As proposed: responses stay letters, not approvals;supplement ingredients not eligible for GRAS for thatuse
Federal Register, Substances Generally Recognized as Safe, proposed rule, 91 FR 51834 (August 11, 2026; docket FDA-2025-N-3262); HHS press release, March 10, 2025.
FDA answered 1,071 of 1,317 closed GRAS notices with "no questions"; notices for extracts were withdrawn twice as oftenFDA data
25 of 73 closed notices for substances named "extract" (34%) ended when FDA ceased to evaluate at the notifier's request, against 226 of 1,317 (17%) for all notices; 43 notices are pending. "Extract" is a word match on the substance name, not a botanical classification. A "no questions" letter is not an approval.FDA, GRAS Notice Inventory, downloaded file (last updated October 21, 2026; downloaded October 24, 2026). Year = year of FDA's closing letter; 2026 is partial. Counted by EUTECNIQ.
Data table: notices by year and outcome
GRAS notices by year of FDA's closing letter and outcome; 1,360 notices in the inventory, 43 pending (FDA file last updated October 21, 2026)
19981999200020012002200320042005200620072008200920102011201220132014201520162017201820192020202120222023202420252026
FDA has no questions411182321222012261719383833412850535639695548573775476153
FDA ceased to evaluate at the notifier's request2333504632971089671018157101113151017103
Notice does not provide a basis for a GRAS determination06325000000001000000000000021
Of which: substance name contains "extract" (all outcomes)14111302120251228434129332141
Text version of the food additive and GRAS routes

Food additive Statute Final rule

A substance whose intended use makes it a component of food is a food additive unless it is GRAS for that use. A food additive is deemed unsafe unless its use conforms to an FDA regulation, which FDA issues on petition.

The safety standard is "a reasonable certainty in the minds of competent scientists that the substance is not harmful under the conditions of its intended use."

21 U.S.C. 321(s) and 348(a); 21 CFR Part 171; 21 CFR 170.3(i).

Generally recognized as safe Final rule Proposed rule

GRAS status rests on the views of qualified experts and on common knowledge throughout the scientific community. When based on scientific procedures, it needs the same quantity and quality of evidence as a food additive approval.

Notifying FDA of a GRAS conclusion is voluntary under the current rule: "Any person may notify FDA."

21 CFR 170.30 and 170.205.

Proposed rule GRAS reform, status as of October 22, 2026

  • On August 11, 2026 FDA proposed to require GRAS notices for substances purported to be GRAS (91 FR 51834; docket FDA-2025-N-3262). Comments close December 9, 2026.
  • As proposed, the rule would take effect 60 days after a final rule is published, with compliance due 18 months after that.
  • Self-affirmed GRAS conclusions remain legally permissible today. FDA says it is "not proposing" premarket approval; its responses would remain letters such as a "no questions" letter.
  • The proposal states that ingredients for use in dietary supplements are not eligible for GRAS classification for that use. Supplement ingredients follow the dietary supplement provisions, including new dietary ingredient notification where required.

Federal Register, "Substances Generally Recognized as Safe," proposed rule, 91 FR 51834 (August 11, 2026); HHS press release, March 10, 2025.

A change in how a food substance is made can matter too. FDA's June 2014 guidance recommends consulting FDA about a significant manufacturing change to a food substance already on the market, especially one involving an emerging technology such as nanotechnology. FDA, docket FDA-2011-D-0490 (final guidance).

Food safety rules

Part 117 governs the plant; pH and water activity decide whether the canning and acidification rules apply too

The thresholds below come straight from the regulatory definitions. A qualified person, often called a process authority, decides how they apply to a specific product.

Which thermal-processing rule applies, by pH and water activityRegulatory definitions
aw > 0.85

Acid or acidified food

An acid food has a natural pH of 4.6 or below. A low-acid food brought here by adding acid is an acidified food, covered by Part 114 with a scheduled process set by a qualified person.

Carbonated beverages and foods kept under refrigeration are outside Part 114.

Low-acid food

Finished equilibrium pH above 4.6 and aw above 0.85. When thermally processed in a hermetically sealed container, Part 113 applies, with a scheduled process set by qualified persons.

Alcoholic beverages are outside the definition.

aw ≤ 0.85

Outside both definitions

Neither the low-acid nor the acidified-food definition applies at a water activity of 0.85 or below. Low water activity limits microbial growth, and Part 117 hazard analysis still applies.

pH ≤ 4.6
pH > 4.6
Simplified. Classification also depends on the container, the process, distribution and the product type; tomatoes and tomato products below pH 4.7 are not low-acid foods. Juice sold as such or used as an ingredient in beverages falls under Part 120 (juice HACCP). 21 CFR 113.3 and 113.83; 114.3 and 114.83; 120.1; Part 117 (eCFR, current to October 21, 2026).
Beverage emulsions

In a beverage, droplet size decides whether an emulsion lasts hours or months

Creaming speed rises with the square of the droplet radius and falls with the density gapIllustrative calculation
Stokes' lawv = 2 g r2 (ρc − ρd)9 ηc
Creaming velocity of an isolated oil droplet against droplet radius on log axes: velocity rises with the square of the radius, and cutting the density gap from 190 to 20 kilograms per cubic meter lowers every point about ninefold0.010.11101001000Creaming velocity, mm/day (log)0.050.10.250.512.55Droplet radius, µm (log)Density gap 190 kg/m³Density gap 20 kg/m³rises 100 mm in 1 dayin 30 daysin 1 yearr = 0.1 µm: 0.28 mm/day; 100 mm in 363 daysr = 0.25 µm: 1.7 mm/day; 100 mm in 58.1 daysr = 0.5 µm: 6.9 mm/day; 100 mm in 14.5 daysr = 1.0 µm: 28 mm/day; 100 mm in 3.63 daysr = 2.5 µm: 1.7e+02 mm/day; 100 mm in 0.581 daysr = 0.5 µm, density gap 20: 0.72 mm/day; 100 mm in 138 days190 kg/m³20 kg/m³v = 2 g r² Δρ / 9η: doubling r multiplies v by 4Inputs assumed, not measured: ρ_d 850, ρ_c 1040 kg/m³; η 1.3 mPa·s; g 9.81 m/s². Dots: the radii in the table. Isolated rigid sphere; ignores Brownian motion, dropletinteractions, flocculation and Ostwald ripening.
Show data: creaming velocity and time to rise 100 mm
Creaming velocity and time to rise 100 mm for droplets of different radius.
Droplet radius, µmCreaming velocity, mm/dayTime to rise 100 mm
0.100.28about 1 year
0.251.758 days
0.506.915 days
1.0283.6 days
2.517014 hours
0.50, density gap cut to 20 kg/m³0.72140 days
Assumed inputs, not measurements: oil density ρd = 850 kg/m³, aqueous density ρc = 1040 kg/m³, viscosity ηc = 1.3 mPa·s, g = 9.81 m/s². Stokes' law treats a single rigid sphere in a dilute liquid; it ignores Brownian motion, which slows separation of the smallest droplets, and droplet interactions, flocculation and Ostwald ripening. Calculation: src/modules/apps/compute/stokes_creaming.py; the plotted lines use the same equation and inputs.
Small droplets slow creaming; ripening and the density gap decide what happens nextPublished physics FDA action
Three things decide whether a beverage emulsion lasts: creaming, which small droplets slow; Ostwald ripening, which grows large droplets at the expense of small ones over months; and the density gap, which weighting agents close if each is a lawful food ingredientCreamingOil droplets riseLighter droplets rise; Stokes' law gives thespeed. Beverage emulsions therefore usesubmicron droplets.Ostwald ripeningmonthsLarge droplets grow at the expense of smallones, so the size distribution is measured overthe whole shelf life.Closing the density gapOil 850Water phase 1040Weighted oil 1020Δρ 190→ 20 kg/m³Weighting agents raise the oil density. Eachmust be a lawful food ingredient: FDA revokedbrominated vegetable oil, effective August 2,2024.Three emulsion breakdown mechanismsCreamingLighter droplets rise; Stokes' law gives the speed, sobeverage emulsions use submicron droplets.Ostwald ripeningOver months, large droplets grow at the expense ofsmall ones; the size distribution is measured over theshelf life.Closing the density gapWeighting agents raise oil density; each must be alawful food ingredient. FDA revoked brominatedvegetable oil, effective August 2, 2024.
FDA, Brominated Vegetable Oil (BVO), content current as of July 2, 2024; final rule issued July 3, 2024. Schematic, not to scale; densities as in the calculation above.
Text version of the emulsion mechanisms

The table explains why beverage emulsions are made with submicron droplets and why the density gap matters. Halving the radius cuts the creaming speed by four; cutting the density gap from 190 to 20 kg/m³ cuts it about ninefold.

Beverage makers have closed the density gap with weighting agents. Each one has to be a lawful food ingredient in its own right. FDA revoked the regulation authorizing brominated vegetable oil, used "to keep the citrus flavoring from floating to the top," effective August 2, 2024.

Small droplets are not the end of the problem. Over months, Ostwald ripening can grow large droplets at the expense of small ones, so the size distribution has to be measured over the shelf life. The emulsions page covers the full set of breakdown mechanisms.

FDA, "Brominated Vegetable Oil (BVO)," content current as of July 2, 2024; final rule issued July 3, 2024.

Explanation, details and sources

An oil droplet lighter than the surrounding liquid rises. Stokes' law gives its speed: four times faster for every doubling of radius, and in direct proportion to the density gap.

Labeling and claims

A food label may describe nutrition and, within limits, health; it may not promise treatment

From nutrient content to health claims, a food label stays on the food side of the drug lineStatute and regulation
What a food label may say, from required labeling through nutrient content, health and structure/function claims to disease treatment, which makes the product a drug; plus the nine major food allergensFood claimsDrugNutrition Facts andingredient statementRequired labeling; commonor usual names•21 CFR 101.9; 101.4Nutrient content claimsThe level of a nutrient:"free", "high", "low"•21 CFR 101.13Health claimsReduced risk of a disease:authorized by regulation(significant scientificagreement) or qualified,under enforcementdiscretion•21 CFR 101.14Structure/functionclaimsEffects derived fromnutritive value; nonotification or disclaimerrequired•FDA (March 28, 2024)Disease treatmentDiagnose, cure, mitigate,treat or prevent disease,outside an authorizedhealth claim: the productbecomes a drug•21 U.S.C. 321(g)(1)The drug line: intended use, shown by claimsNine major food allergensMilk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, sesame (added by the FASTER Act, effective January 1, 2023)What a food label may sayNutrition Facts and ingredient statementRequired labeling; common or usual names · 21 CFR101.9; 101.4Nutrient content claimsThe level of a nutrient: "free", "high", "low" · 21 CFR101.13Health claimsReduced risk of a disease: authorized by regulation(significant scientific agreement) or qualified, underenforcement discretion · 21 CFR 101.14Structure/function claimsEffects derived from nutritive value; no notification ordisclaimer required · FDA (March 28, 2024)Disease treatmentDiagnose, cure, mitigate, treat or prevent disease,outside an authorized health claim: the productbecomes a drug · 21 U.S.C. 321(g)(1)Nine major food allergensMilk, eggs, fish, crustacean shellfish, tree nuts,peanuts, wheat, soybeans, sesame (added by theFASTER Act, effective January 1, 2023)
21 CFR 101.4, 101.9, 101.13, 101.14; FDA, Label Claims for Conventional Foods and Dietary Supplements and Structure/Function Claims (March 28, 2024); FDA, Food Allergies (March 11, 2026); 21 U.S.C. 321(g)(1).
Text version of the labeling rules
Nutrition and ingredients Final rule
Nutrition Facts labeling and an ingredient statement using common or usual names. 21 CFR 101.9; 101.4.
Major food allergens Statute
Nine: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame. Sesame was added by the FASTER Act, effective January 1, 2023. FDA, "Food Allergies" (March 11, 2026).
Nutrient content claims Final rule
Describe the level of a nutrient, with terms such as "free," "high" and "low." 21 CFR 101.13.
Health claims Final rule
Describe a relationship between a food substance and reduced risk of a disease or health-related condition. Authorized by FDA regulation under the "significant scientific agreement" standard, or used as qualified health claims under FDA enforcement discretion. 21 CFR 101.14; FDA, "Label Claims for Conventional Foods and Dietary Supplements" (March 28, 2024).
Structure/function claims
On conventional foods they "focus on effects derived from nutritive value." FDA does not require notification or a disclaimer for them. FDA, "Structure/Function Claims" (March 28, 2024).
Disease treatment
A claim to diagnose, cure, mitigate, treat or prevent disease, outside an authorized health claim, makes the product a drug. 21 U.S.C. 321(g)(1).
What EUTECNIQ proposes

Characterization and prototyping in house; expert panels, process authorities and co-packers as partners

Laboratory work in house; expert, process and production roles with partnersProposed External partners
Proposed division of food and beverage work: characterization, stability and evidence assembly in house; GRAS experts, process authorities, co-packers, consumer testing and counsel as partnersCharacterizeProcess stabilityLawful basisProductionMarketEUTECNIQ in-houseOnce its laboratoryexists; proposedIngredientcharacterization andfood-use specificationAssays validated ineach food matrixHeat, pH, light andoxygen screening ofthe activeEmulsion, powder andconcentrateprototypes with sizeand stability dataScientific evidence fora GRAS conclusion ora food additivepetitionNoneNoneQualified partnersExternal; contractedNoneNoneIndependent expertsqualified to evaluatesafety for GRASRegulatory counselProcess authorities foracidified and low-acidproductsCo-packers operatingunder Part 117Sensory andconsumer testingCounsel for labels,claims andsubmissionsProposed division of food and beverage work: characterization, stability and evidence assembly in house; GRAS experts, process authorities, co-packers, consumer testing and counsel as partnersEUTECNIQ in-house (proposed)Qualified partners1. CharacterizeEUTECNIQ in-houseIngredient characterization and food-usespecificationAssays validated in each food matrix2. Process stabilityEUTECNIQ in-houseHeat, pH, light and oxygen screening of the activeEmulsion, powder and concentrate prototypeswith size and stability data3. Lawful basisEUTECNIQ in-houseScientific evidence for a GRAS conclusion or afood additive petitionQualified partnersIndependent experts qualified to evaluate safetyfor GRASRegulatory counsel4. ProductionQualified partnersProcess authorities for acidified and low-acidproductsCo-packers operating under Part 1175. MarketQualified partnersSensory and consumer testingCounsel for labels, claims and submissions
EUTECNIQ proposal. EUTECNIQ has no laboratory yet.
Text version of the division of work

In-house, once the laboratory exists Proposal

  • Ingredient characterization and specifications for food use.
  • Heat, pH, light and oxygen stability screening of the active.
  • Emulsion, powder and concentrate prototypes with droplet-size and stability data.
  • Assays validated in each food matrix.
  • Assembly of the scientific evidence for a GRAS conclusion or a food additive petition.

With qualified partners External partner

  • Independent experts qualified to evaluate safety for a GRAS conclusion.
  • Process authorities for acidified and low-acid products.
  • Co-packers operating under Part 117.
  • Sensory and consumer testing.
  • Regulatory counsel for labels, claims and submissions.
Evidence levels

Five levels of evidence, and what each can support for a food

Each level of evidence answers one question; only human outcome data support a health claimRoles per regulation
Five levels of evidence, each answering its own question, with what each can support for a foodLevel, and what it showsWhat it cannot showRole for foods and beverages5Human outcomeThe claimed effect in people, under controlledconditionsEffects outside the studied product,dose and populationNeeded for a health claim, which FDA authorizes byregulation or allows as a qualified claim4ExposureHow much reaches the gut lumen or the bloodBenefit, or safety at the higherexposureInforms formulation and the safety assessment3Biological activityA plausible mechanism, in cells or animalsAn effect in peopleRationale only; supports no label claim2SafetySafe at the intended use and exposureBenefitRequired: reasonable certainty of no harm at theestimated dietary exposure1Identity and compositionThe material is what the label says, at a definedstrengthSafety or benefitNeeded for any GRAS conclusion or petition, whichaddresses a defined substanceEach level answers its own question; none substitutes for the one above it.Five levels of evidence, each answering its own question, with what each can support for a foodLevel 5 at the top; role for foods and beverages in theboxes5Human outcomeThe claimed effect in people, under controlledconditionsCannot show: Effects outside the studied product,dose and populationNeeded for a health claim, which FDAauthorizes by regulation or allows as aqualified claim4ExposureHow much reaches the gut lumen or the bloodCannot show: Benefit, or safety at the higherexposureInforms formulation and the safety assessment3Biological activityA plausible mechanism, in cells or animalsCannot show: An effect in peopleRationale only; supports no label claim2SafetySafe at the intended use and exposureCannot show: BenefitRequired: reasonable certainty of no harm atthe estimated dietary exposure1Identity and compositionThe material is what the label says, at a definedstrengthCannot show: Safety or benefitNeeded for any GRAS conclusion or petition,which addresses a defined substanceEach level answers its own question; none substitutes forthe one above it.
21 CFR 170.3(i), 170.30, 101.14; FDA label claims page (2024).
Text version of the evidence levels
Evidence levels with what each shows, what it cannot show, and its role for conventional foods.
LevelWhat it showsWhat it cannot showRole for foods and beverages
1 Identity and compositionThe material is what the label says, at a defined strength.Safety or benefit.Needed for any GRAS conclusion or petition, which addresses a defined substance.
2 SafetyThe ingredient is safe at the intended use and exposure.Benefit.Required: reasonable certainty of no harm at the estimated dietary exposure.
3 Biological activityA plausible mechanism, in cells or animals.An effect in people.Rationale only; supports no label claim.
4 ExposureHow much reaches the gut lumen or the blood.Benefit, or safety at the higher exposure.Informs formulation and the safety assessment.
5 Human outcomeThe claimed effect in people, under controlled conditions.Effects outside the studied product, dose and population.Needed for a health claim, which FDA authorizes by regulation or allows as a qualified claim.

Putting a botanical into a food or beverage?

Describe the product, the process and the target shelf life. The first reply would identify the legal basis to confirm and the stability risks to test first.