On 3/31/22 the Food Standards Agency (FSA)-the independent authority for food safety risk assessment and communication in England and Wales- updated consumers and stakeholders on CBD (cannabidiol). (1)
FSA has also published a list of 3,536 foods and dietary supplements containing or otherwise containing CBD, the sale of which is temporarily permitted. Reaffirming a pragmatic and realistic approach in the interest of all.
CBD, premise
CBD is the most famous of cannabinoids, a category of phytocompounds found in hemp. Neither CBD nor other cannabinoids (e.g., CBG) found in Cannabis Sativa L. have psychotropic properties, outside of THC whose presence must be contained within 0.2 percent for the plant not to qualify as a narcotic. (2) On these premises, the European Commission recently established THC thresholds allowed in different categories of food. (3)
Cannabidiol (CBD) is, moreover, considered to be a novel food -in the absence of evidence about its food consumption in the EU prior to 15.5.1997-and the many dossiers submitted so far have not yet been approved (4,5). The EU Court of Justice, moreover, has ruled that national bans on the marketing of CBD for different uses are unlawful, in a 19.11.20 ruling that has already been followed in France and Germany (6,7),
CBD and Novel Food in England
After Brexit , England continued to apply most of the EU rules in food law, including those on Novel Food. However, granting a transitional period to foods and food supplements with CBD placed on the UK market before 13.2.20.
Such products can be kept on the market, provided:
– operators have submitted applications for approval as novel foods by 3/31/21,
– products are safe and properly labeled, as is the generality of food, and do not exceed the allowed THC thresholds. (8)
CBD, list of products temporarily allowed in England and Wales
CBD extracts are currently available in Uk both in dietary supplements and in commonly used foods. Oils, drops or tinctures, gelatin capsules, beverages, confectionery, and baked goods. And the Food Standards Agency has published a list of 3,536 products whose applications for approval as novel foods in England and Wales have already passed or are awaiting FSA’s preliminary screening. (9)
The 3,536 products on this list are not ‘formally authorized‘ for sale, which is, however, allowed-under the transitional arrangement mentioned in the previous paragraph-pending their authorization as novel foods. Inclusion on the list does not guarantee that they will be authorized. Products not on the list, on the other hand, cannot take advantage of the transition period, and their sale will be allowed only s following authorization as novel foods.
Food Standards Agency, advice to vulnerable groups of consumers
The Food Standards Agency in any case, based on the information gathered so far, advises consumers ‘to think carefully before taking any CBD product.’
As a precautionary measure, Food Standards Agency ‘does not recommend‘ (nor does it prohibit) the use of CBD, beyond cases of indication or supervision by physicians or health professionals, to ‘vulnerable groups.’ Such as:
– Pregnant and lactating women,
– ‘People taking any medication. If you have any health concerns, please contact a health professional‘.
Tips for healthy adults
‘Some studies scientific suggest that CBD may have effects on the liver when taken in high doses, but there have been very few studies on the levels found in foods. As a precaution, we recommend that healthy adults [70 kg di peso] take no more than 70 mg per day unless a physician agrees. This is about 28 drops of 5% CBD‘.(Food Standards Agency, 3/31/22).
Above all, it will be useful to share suitable methods of analysis to combat fraud on synthetic CBD sold as natural or otherwise of well below promised quality. (10) In addition to legal certainty, which is still poor in Italy, despite clear EU rules…
Dario Dongo
Notes
(1) Consumer advice on cannabidiol (CBD) extracts . Food Standards Agency. 3/31/22, https://www.food.gov.uk/safety-hygiene/cannabidiol-cbd
(2) Dario Dongo, Silvia Giordanengo. Cannabis Sativa, CBD. Green light from UN and European Commission. GIFT (Great Italian Food Trade). 7.12.20, https://www.greatitalianfoodtrade.it/progresso/cannabis-sativa-cbd-via-libera-da-onu-e-commissione-europea
(3) Julia Torre. Hemp in food, EU adopts maximum THC limits. GIFT(Great Italian Food Trade). 3/15/22, https://www.greatitalianfoodtrade.it/mercati/canapa-negli-alimenti-l-ue-adotta-i-limiti-massimi-di-thc
(4) Dario Dongo. CBD, novel food dossiers under review by EFSA. GIFT(Great Italian Food Trade). 9/15/21, https://www.greatitalianfoodtrade.it/mercati/cbd-i-dossier-novel-food-all-esame-di-efsa
(5) An update on novel food applications submitted so far under reg. EU 2015/2283 is available on the European Commission website. V. https://ec.europa.eu/food/safety/novel-food/authorisations/summary-applications-and-notifications_en
(6) European Court of Justice (ECJ), Case C-663/18. V. Dario Dongo. Natural CBD, EU Court of Justice declares unjustified bans unlawful. New horizons. GIFT (Great Italian Food Trade). 11/21/20, https://www.greatitalianfoodtrade.it/progresso/cbd-naturale-la-corte-di-giustizia-ue-dichiara-illegittimi-i-divieti-ingiustificati-nuovi-orizzonti
(7) Dario Dongo. Green light for CBD, justice at the Düsseldorf Tribunal. GIFT(Great Italian Food Trade). 5/30/21, https://www.greatitalianfoodtrade.it/progresso/via-libera-al-cbd-giustizia-al-tribunale-di-düsseldorf
(8) Novel Food authorization of CBD in the UK? Lawyer Dario Dongo answers.. FARE(Food and Agriculture Requirements). 7/31/21, https://www.foodagriculturerequirements.com/archivio-notizie/domande-e-risposte/autorizzazione-novel-food-del-cbd-in-uk-risponde-l-avvocato-dario-dongo
(9) Food Standards Agency (FSA). CBD products linked to novel food applications. 3/31/22, https://data.food.gov.uk/cbd-products/products-list
(10) Dario Dongo. CBD, research development for an effective analysis protocol. GIFT(Great Italian Food Trade). 12/27/21, https://www.greatitalianfoodtrade.it/innovazione/cbd-sviluppo-della-ricerca-per-un-efficace-protocollo-di-analisi
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
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