July 9, 2020

European Industrial Hemp Association: Cannabidiol (CBD) is not necessarily subject to registration as a Novel Food

The European Industrial Hemp Association (EIHA) has successfully taken action against publication of the German Federal Office of Consumer Protection and Food Safety (BVL)

The UK Food Standards Agency (FSA) has given the UK CBD industry a deadline of 31st March 2021 to submit valid novel food authorisation applications. After this date, only products which have submitted a valid application will be allowed to remain on the market. The authorisation process ensures Novel Foods meet legal standards, including on safety and content.

The FSA recommends no more than 70mg a day (about 28 drops of 5% CBD) unless under medical direction. This new precautionary advice is based on recent findings by the government’s Committee on Toxicity (COT).

The European Industrial Hemp Association (EIHA) has achieved a groundbreaking success in the discussion about the generally permissible trade and sale of CBD-containing products. According to the report, the German Federal Government and the German Federal Ministry of Food and Agriculture (BMEL) have clearly endorsed the view of the EIHA: Foodstuffs containing parts of the hemp plant are in principle not “Novel Foods” within the meaning of Regulation (EU) 2015/2283.

“Thus, hemp food products made from traditionally produced extracts with the natural full spectrum of the cannabinoids contained in the hemp plant are not Novel Foods. For the German hemp food industry this statement by the government and the ministry is an important milestone”, says Daniel Kruse, President of the EIHA.

“CBD is a completely natural, non-psychotic ingredient of industrial hemp and has been consumed for thousands of years via the hemp seeds, flowers and leaves and processed into high-quality food, including through traditional extraction techniques,” says EIHA President Kruse.

Plant products containing CBD can therefore be marketed both as foodstuffs and as food supplements in the UK.