Last Updated on 14th September 2020

Today the UK’s Food Standard Agency (FSA) issued a deadline to CBD businesses to submit a novel food application for their product’s or have them removed from the shelves.

The deadline, set for the 31st of March 2021 requires UK CBD wholesalers as well as farmers who act as retailers, from England, Wales and Northern Ireland, to submit a novel food application for each of their products or face being reported to local authorities.

Novel foods are defined as food’s that were not used for human consumption to a significant degree prior to May 1997. Following a recent change to the EU novel foods catalogue in January 2019, CBD, which is considered a food supplement was deemed to be a novel food.

The FSA state that this application will ensure CBD products “meet legal standards and ensure safety”. Critics, on the other hand, believe it will put an end to small businesses benefiting from this emerging multi-million-pound industry.

According to the European Industrial Hemp Association (EIHA), an organisation promoting hemp across Europe, they see the novel foods act as an unnecessary obstacle that “could potentially destroy the entire rapidly emerging and thriving European hemp industry.”

The EIHA has submitted evidence to show that CBD and other cannabinoid extracts are not a novel food and that they were widely used prior to 1997. Speaking at a recent hemp summit, Daniel Kruse, board member of EIHA, stated that they are applying to have synthetic cannabinoids classified as novel foods with the intention of having extracts exempted.

A recent press release from the EIHA says that an application for novel foods could cost hundreds of thousands of euro destroying any chance for small to medium businesses to gain access to the market.

Today the EIHA responded by saying “We support the rationale behind the FSA’s statement. This sector indeed needs standards [and] we can assure you we will lead the way”.

Robert Jappie, the UK’s most prominent cannabis lawyer believes today’s news should be cautiously welcomed. Speaking to The Extract he said:

“The CBD sector has been awaiting clarity on the novel food issue for some time now. The initial points to note will be that 1. It is wholesalers of the active ingredient, and not sellers of finished products, that will require marketing authorisation, and 2. Applications need to be submitted by 31 March 2021, they do not need to have been granted.”

This may come as welcome news to retailers following the recent report of inferior oils on the market but for small operators, it would spell the end of their hemp journey.

The FSA also warned vulnerable groups such as pregnant women, breastfeeding women and people on medication that taking CBD “could be risky”. In addition to this, they recommended that healthy adults take a maximum of 70 mg per day unless under medical direction. Check out The Extract's guide on where to buy CBD oil.

In response to this statement, Professor Alan Boobis remarked: “We don’t know enough to be sure about such a risk but I am pleased with the sensible and pragmatic approach the FSA is taking”

Speaking to the press, Emily Miles, Chief Executive of the FSA said:

“CBD products are widely available on the high street but are not properly authorised. The CBD industry must provide more information about the safety and contents…”

This is certainly something the majority of CBD oil businesses in the UK needing legal advice would agree with but many fear the FSA’s approach might be a step too far.

A recent proposal that CBD products be independently lab tested for safety, purity, and quality was mooted in some circles as the practical next step for the CBD industry and on the back of this, it is expected many will express their concerns to the FSA in the coming weeks.