Novel Food Authorisation: The Starting Point, The Principle, The Practical Effect, The Sequence. Member States of the European Union are not the only jurisdiction to operate a system which seeks to manage what novel food and novel food ingredients can be made available to their citizens, but they do operate probably the most stringent system and require the most comprehensive data submissions in order to gain successful market authorization.

Is a Novel Food authorisation required for a Brand’s end product? We previously published a document to correct mis-statements that were being made to market participants by, so-called, experts in the industry. Almost a month on from the FSA’s announcement concerning Novel Foods we continue to read the same mis-statements published by those same, so-called, experts.

The United Nations is certainly not going to be the answer to the THC “issue” in the short-term and is unlikely to be the answer in the long-term either. This month the United Nations was due to vote on proposals made to it by the World Health Organisation, one of which was: “Preparations containing predominantly cannabidiol and not more than 0.2 per cent of delta-9-tetrahydrocannabinol are not under international control”.

FSAI DEMONSTRATE THAT REGULATORY COMPLIANCE AND QUALITY CONTROL ARE NO BETTER IN IRELAND THAN THEY ARE IN ENGLAND. The Food Standards Authority of Ireland have published a Report identifying the CBD Regulations applicable in the Irish Republic and containing the results of their analysis of 38 products being sold on the Irish market.

FSAI MEAN BUSINESS CONCERNING THE REQUIREMENT FOR THC CONTENT IN CBD PRODUCTS. Previously we published a Summary of the FSAI Report into their testing of CBD products. The FSAI has not waited long to bare its teeth. Certain Brands have had some of their products removed already, including one high profile and “industry-leading” Brand which claims to be THC-free in respect of the very batches tested by the FSAI.

Following the FSA’s announcement last week on the Novel Foods position, we observed that many so-called experts were coming out of the woodwork and positing questions that, if they held the expertise that they assert, they would know the answer to.

Clarification of the FSA position statement on 13 February 2020. For those who have not been involved in the design of the structure, the FSA’s announcement took many by surprise. Quite understandably, market participants were digesting the Food Standard Agency’s morning announcement and asking themselves, and the wider industry questions about what it meant and how it would be implemented.

What are the applicable criteria for a product which contains THC to receive an exemption from the underlying criminal law? FSA permits continued sale of CBD products provided that certain conditions are met, one of which is that they “do not contain substances that fall under drugs legislation”. The Canna Consultants have always held the opinion that there is no exemption for THC content in CBD products. Read our comprehensive analysis of the law on THC content.

This document was provided to key Stakeholders in October 2019. We are pleased that the FSA has adopted the foundation structure that The Canna Consultants advocated. On 13th February 2020 the Food Standards Agency announced its intended approach to the issue of CBD and Novel Foods classification.