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. Author manuscript; available in PMC: 2023 Dec 1.
Published in final edited form as: Regul Toxicol Pharmacol. 2022 Oct 4;136:105266. doi: 10.1016/j.yrtph.2022.105266

Table 1.

General regulatory structure and reference of microbial strains appropriate for use in foods or food supplements in example countries. Where specifically addressed in guidance or regulation, details of safety requirements including identification (ID), whole genome sequencing (WGS), determination of virulence factors, toxin production, infectivity and toxicity in addition to considerations for assessment of antimicrobial/antibiotic resistance (AbR) are listed.

General Regulatory Structure Requirements for Establishing Safety
Country Microbial List and Regulatory Reference ID WGS Virulence Factors Toxin Production Infectivity/ Toxicity AbR Potential
Australia Therapeutic Goods Permissible Ingredients https://www.legislation.gov.au/Details/F2021L01449 Not specified for those species in the substances for use in listed medicines
Brazil Food Supplements: http://antigo.anvisa.gov.br/documents/10181/5809185/IN_76_2020_COMP.pdf/28f071f8-8079-4671-a1ec-b47c8dd30917 ID – Genotypic and Phenotypic ID required
WGS – required
Virulence Factors – Adverse metabolic activity must be investigated
Toxins and hemolysins must be investigated Adherence and translocation must be reported Resistance to antimicrobials must be investigated
Canada NNHPD: http://webprod.hc-sc.gc.ca/nhpid-bdipsn/atReq.do?atid=probio
Food: https://www.canada.ca/en/health-canada/services/food-nutrition/food-labelling/health-claims/accepted-claims-about-nature-probiotic-microorganisms-food.html
ID – Genotypic and Phenotypic ID required
WGS (complete) and homology to type strains
Demonstration of the absence of genetic elements responsible for the production of virulence factors
Demonstration of lack of toxigenic activity (i.e. production of toxins) Toxicity not applicable if included in probiotics monograph
Full phenotypic and genotypic investigation/explanation of resistance; Demonstration of lack of horizontal antimicrobial resistance transfer ability
China For Food Products: http://www.nhc.gov.cn/sps/pztq/201612/712553a5f7554e0e9ec1dfdbcc91e99a.shtml
Novel Food Products: Regulations on the safety review of new food ingredients
国家卫生计生委关于印发⟪新食品原料申报与受理规定⟫和⟪新食品原料 安全性审查规程⟫的通知 (nhc.gov.cn)
For Health Food: http://www.nhc.gov.cn/sps/s3585/200804/8eafce69b178442eace396b7bc7bf8ef.shtml
Technical guidelines for safety inspection and evaluation of strains used as health food raw materials or a health food finished product (2020 edition)
Not specified for those species in the list of microbial species Taxonomic ID of the strain is required Special properties must be identified
If microorganisms do not have history of usual consumption the following is needed:
Acute Toxicity/Pathogenicity, three Genotoxicity, 90 Days feeding toxicity,
Teratogenicity and Reproduction Toxicity required
Antimicrobial resistance should be reported
Not specified for those species in the list of microbial species
Phenotypic and genotypic strain level and taxonomy defined
Complete WGS and homology to type strains required
WGS search to demonstrate the absence of genetic elements responsible for the production of virulence factors required
WGS search for genetic elements responsible for toxin metabolism required and some microbes may require in-vitro testing
Toxicity testing includes intraperitoneal injection and oral gavage
Denmark Food Supplements: https://www.foedevarestyrelsen.dk/english/Food/Food-supplements/Pages/default.aspx Microbial species identification is required
Demonstration of absence of potentially pathogenic properties in humans or animals required
Demonstration of lack of formation of toxins in harmful quantities during the particular application
Toxicity testing may be necessary
It must be shown that microbe does not possess transferable antibiotic resistance
EU QPS - https://zenodo.org/record/4428353#.YD-upBrsY2w
Novel Foods: https://efsa.onlinelibrary.wiley.com/doi/10.2903/j.efsa.2016.4594
ID - Genotypic and Phenotypic ID required
Detection of genes associated with virulence should be provided via complete strain characterization by fully assembled and validated WGS
Toxin potential - Note qualification on QPS list for some species; Toxin potential must be considered for novel foods in regard to potentially adverse metabolic characteristics Animal toxicity testing may be required for novel foods
Antimicrobial resistance risk assessment is required for all; determination of intrinsic or acquired resistance and potential transmissible antimicrobial resistance genes is required
India Foods with added probiotic ingredients (Schedule VII): https://fssai.gov.in/upload/uploadfiles/files/Compendium_Nutra_29_09_2021.pdf ID - both Genotypic and Phenotypic identification is required
WGS is optional and ID may be carried out using any latest molecular techniques Assessment of the acute, subacute and chronic toxicity of ingestion of extremely large amounts of probiotics must be demonstrated
If the strain under evaluation belongs to a species that is a known mammalian toxin producer or of hemolytic potential, it must be tested for each, respectively. Assessment of undesirable side effects must be investigated The risk of transferable antimicrobial resistance must be investigated
Italy Guidelines on Prebiotics and Probiotics: http://www.salute.gov.it/imgs/C_17_pubblicazioni_1016_ulterioriallegati_ulterioreallegato_0_alleg.pdf Taxonomy confirmed as a species with a history of use
WGS - Species and strain ID using genetic methods; whole genome sequencing is an option
Probiotics shall not be carriers of acquired and/or transmissible antibiotic resistance
Malaysia Reg. 26A. Probiotic Culture: https://members.wto.org/crnattachments/2014/sps/MYS/14_4284_00_x.pdf ID at the strain level is required
Demonstration of lack of transmissible antimicrobial resistance genes
United States For Food Products: https://www.federalregister.gov/documents/2016/08/17/2016-19164/substances-generally-recognized-as-safe
For Dietary Supplements: https://www.federalregister.gov/documents/2016/10/04/2016-23931/dietary-supplements-new-dietary-ingredient-notifications-and-related-issues-revised-draft-guidance
Taxonomic ID of the strain is required
If well-characterized microorganisms within the same species have a history of use, provide percentage homology to demonstrate similarities and differences
For strains within species that do not have history of use in foods, 90-day subchronic toxicity testing may be required
Antimicrobial resistance should be reported
Biogenic amine production should be reported
Phenotypic and genotypic strain level and taxonomy defined
Identify any human pathogens phylogenetically related to the probiotic
Identify any toxins produced by the species or those phylogenetically related to the probiotic
Complete WGS and homology to well characterized strains within the species Report resistance to clinically relevant antibiotics and genetic transfer potential WGS search to demonstrate the absence of genetic elements responsible for the production of virulence factors required
If no history of use, appropriate human or animal studies that report persistence in body and ability to translocate outside of the GI tract