The extracts
On this page11
Extracts are a listed category
The ingredient categories in the definition include a concentrate, metabolite, constituent, extract or combination of the other listed ingredients. So an extract of a botanical is the kind of thing covered.
Which does not settle the 1994 question
The first route around the new dietary ingredient gate requires a form in which the food has not been chemically altered. Extraction is precisely what that phrase is about.
So the traditional preparation and the extract may differ
A plant consumed one way before 1994 and sold as a concentrated extract now are not obviously the same ingredient. That is the determination, and it is not made here.
From a container point of view an extract is a liquid or a powder
And they want different things. A tincture wants a narrow neck and a dropper; a spray-dried extract wants a wide mouth and a dry seal.
This shelf is built for the powder
78 jars out of 97 with wide necks, against 6 bottles. A liquid extract is poorly served here and the tinctures group is a different archetype.
Light is the extract-specific risk
A concentrated botanical is more sensitive to light than the raw plant, and the archetype flags this group light sensitive. 8 amber and 4 frosted containers out of 97 is a narrow protective set.
Headspace matters more than for a powder
A small quantity of a valuable extract in a large jar sits over a large volume of air. The concentrates property covers that in detail.
And the economics are different
An extract is sold in small quantities at higher value, so a 30 cent jar is a trivial share of the cost and getting it wrong is not.
Three containers at 30 mL is the small end
Which is the smallest size on this shelf. For a concentrated extract that is often still too large.
The legal question stays where it was
Per ingredient, against the date, from records. The container decisions above can all be made without touching it.