EIHA and German government agree that CBD is not a “new food”

A European Industrial Hemp Association (EIHA) claims to have achieved an “innovative success” in the discussion concerning the trade and sale of CBD products, reflecting a view common to that of the German Federal Government: “foods containing parts of the hemp plant are not, in principle, 'new' food (Novel Food) under European Union (EU) regulations”.

The development, announced in a statement, is significant given the ongoing efforts of stakeholders to clarify the rules regarding hemp extracts that include CBD in the EU.

Germany marks “important milestone” for hemp in Europe

In the statement, the EIHA states that “hemp food products, made from extracts traditionally produced with the natural spectrum of cannabinoids contained in the hemp plant, are not new foods”. Daniel Kruse, president of the EIHA, also said that “for the German hemp food industry, this confirmation from the government and the ministry is an important milestone”, referring to the confirmation of this position by the Federal Ministry of Food and Agriculture (BMEL) of Germany.

EIHA says it now remains to be seen whether other German agencies, such as the Federal Office for Consumer Protection and Food Safety (BVL), will amend and correct a previous publication on CBD, which EIHA and German stakeholders argued was incorrect.

This controversy was triggered when the BVL published the document “Food supplements with cannabidiol (CBD)” in March 2019, indicating that the agency “was not aware of any cases where cannabidiol (CBD) has been found in foods or dietary supplements.” In essence, that BVL assessment held that all hemp foods should be subject to the Novel Foods rules – a food safety regime that requires an expensive and time-consuming registration process. Food in Europe is considered “new” if it was not consumed in member states before 1997.

What will the BVL do?

“Now it only remains to be seen whether the BVL will finally amend and correct the content of its general and undifferentiated publication on this topic, dated 20.03.2019, which has already led to avoidable conflicts and legal errors on the part of many states and local authorities. , as well as, in some cases, individual courts in Germany,” EIHA said in its statement. “It also remains to be seen whether the BVL will now agree to an expert meeting, which the EIHA has requested several times.”

EIHA has repeatedly argued that the leaves and flowers of industrial hemp plants are not Novel Foods and should be regulated under existing rules on food and dietary supplements, and that extracts from hemp plants grown legally in Europe and produced by traditional extraction technologies should not be considered a New Food. The Association said that only genetically modified plants and synthetic material should be considered novel foods.

“The BVL must differentiate between extracts with the full natural spectrum of cannabinoids contained in the hemp plant, on the one hand, and products enriched with isolates or with cannabinoids, on the other. Otherwise, there will be even more uncertainty for the food industry and hemp consumers in Germany,” the EIHA said.

Read the press release from the European Industrial Hemp Association in full:

EIHA-PP-SingleConvention-032020

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Featured Photo: EIHA website