Sativa hemp, clarification in MiPAAF circular 22.5.18 on inflorescences, ornamental purpose and seed import.
Sativa Hemp, MiPAAF Clarification.
The MiPAAF has clarified
the modalities for the cultivation of Canapa Sativa
reduced THC content and the use of products derived from it. Aiming to settle unresolved issues regarding the notification of crops and marketing of their derivatives, to date often presented for ‘technical’ or ‘collectible’ use.
MiPAAF Circular 22.5.18 – Subject, Clarifications on the application of Law no. December 2, 2016. 242 – indicates the following.
– Lawfulness of cultivation. Cultivation of permitted varieties of industrial hemp can be carried out without the need for permits. (1) Therefore, neither a ‘self-report’ at law enforcement station nor other notifications are required (2).
Specific attention should be paid to tetrahydrocannabinol (THC), the presence of which should not exceed 0.2 percent already at the cultivation stage. With a margin of tolerance, within 0.6 percent, that excludes liability only if the farmer has complied with legal requirements (use of certified seed, traceability, self-control). Above 0.6 percent, violations of the Consolidated Law on Narcotic Drugs may occur, taking into account the psychotropic nature of the substance. The judicial authority in such a case may order seizure and destruction of the crops.
Instead, authorization is required for the purpose of growing high-THC hemp for the uses and under the conditions prescribed by law. (3)
– Imports from even neighboring third countries (such as Switzerland), seeds in particular, deserve special caution. The Common Market Organization Regulation, concerning hemp imports, specifies for this purpose the conditions that hemp products must meet in order to be imported into the EU. (4)
The maximum THC content for import purposes., is set at 0.2 percent for raw hemp, hemp seeds for sowing under CN code andx 1207 99 20, as well as hemp seeds other than for sowing under CN code 1207 99 91. (5)
Which can only be imported by importers recognized by the member state in a way that ensures that they are not intended for planting.
Hemp sativa, crops intended for floriculture
The Ministry of Agriculture, Food and Forestry clarifies that the breeding of hemp plants is only allowed from certified seed. On the other hand, agamic reproduction (6) of material intended for production for subsequent marketing of derivative products is not covered.
Traceability. The nurseryman must always keep the certified seed tag and the relevant purchase documentation. For a period of not less than 12 months and in any case, for as long as the seed itself remains at the nursery. (7) The sale of plants for ornamental purposes is allowed without a permit.
Hemp sativa
, inflorescences
MiPAAF tries to clarify what to date is not expressly provided for in Law 242/16. ‘With specific regard to hemp inflorescences, it is pointed out that these, although not specifically mentioned in Law no. 242 of 2016 neither among the purposes of cultivation nor among its possible uses, fall within the scope of Article 2(2)(g), headed, Lawfulness of Cultivation. That is, in the context of crops intended for floriculture, provided that such products are derived from one of the permitted varieties listed in the Common Catalogue of Varieties of Agricultural Plant Species, whose total THC content of the crop does not exceed the levels established by the regulations. And provided that the product does not contain substances declared harmful to health by the relevant institutions.’
The use of inflorescences for food purposes on closer inspection remains subject to a legislative vacuum that the MiPAAF circular cannot remedy, due to a clear lack of competence. The application of the Novel Food Regulation cannot be ruled out, also taking into account some concerns expressed by Efsa in 2012. (8) And in any case, it is clear that there is a need for a shared interpretation at the European level in the face of the increasing prevalence of such products in the markets of member countries. Clarification from the relevant Health Authority will therefore be helpful in any case.
Dario Dongo
Notes
(1) Cf. law 242/16, Article 2, Paragraph 1. Please note that the law applies only to hemp crops of the Accepted varieties entered in the Common Catalog Of varieties of agricultural plant species, at http://ec.europa.eu/food/plant/plant_propagation_material/plant_variety_catalogues_databases/index_en.htm. Which are therefore outside the scope of Presidential Decree 309/1990 (single text of narcotics)
(2) Subject to the dutiful registrations under reg. EC 852/04 for production and storage facilities of the
foods. Which
hemp oil
and food-grade hemp seeds
(3) This refers to productions for pharmaceutical workshops, under the strict control of the Ministry of Health. See in this regard DM 9.11.15. For THC, Delta-9-tetrahydrocannabinol and Delta-8-trans-tetrahydrocannabinol are considered.
(4) See reg. EU 1308/2013, Article 189
(5) Refers to the Combined Nomenclature codes CN.
5302 10 00 (raw hemp), CN 1207 99 20 (hemp seed for sowing), CN 1207 99 91 (hemp seed other than for sowing)
(6) Agamic, or asexual, reproduction is a process by which new organisms are formed from a single organism
(7) See Law 242/16, Article 3. Nursery business is also regulated by Leg. 214/05 (Articles 19 and 20), implementing Directive 2000/29/EC. Protective measures against the introduction and spread within the Community of organisms harmful to plants or plant products
(8) Cf. EFSA 2012 ‘
Compendium of botanicals reported to contain naturally occurring substances of possible concern for human health when used in food and food
‘, at http://www.efsa.europa.eu/sites/default/files/scientific_output/files/main_documents/2663.pdf
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
