New AESAN REGULATION: USE OF HEMP AND CANNABINOIDS IN FOOD

The Spanish Agency for Food Safety and Nutrition (AESAN) has published a new update on the regulation of foods and products derived from hemp and cannabinoids.

This update focuses on European guidelines governing the marketing of these products within the European Union (EU). In line with Regulation (EU) 2015/2283 of the European Parliament and of the Council, which regulates novel foods.

Given the growing importance of cannabinoids such as cannabidiol (CBD), cannabidiolic acid (CBDA) and cannabigerol (CBG), both in their pure form and in products such as oils, food and cosmetics, it is crucial that producers, traders and consumers are aware of the applicable regulations.

They can occur in their pure form or as additives in products such as oils, creams and foods. It does not matter whether their origin is natural or synthetic; the same applies to extracts of the Cannabis sativa L. plant.

Classified as novel food

These compounds and extracts are classified as novel foods. As there has been no proven history of significant and safe consumption within the European Union before 15 May 1997.

Novel food’ status implies that these products fall under the regulatory scope of Regulation (EU) 2015/2283 of the European Parliament and of the Council. This regulation, which was enacted on 25 November 2015, sets out the rules for novel foods and updates Regulation (EU) No 1169/2011.

According to these regulations, novel foods must be evaluated by the European Food Safety Authority (EFSA) to determine whether they can be authorised for marketing. This ensures that any cannabinoid, regardless of its origin, is subjected to strict safety testing and meets current standards before reaching the European market.

Products safe for consumption

Currently, foods from hemp seeds, such as whole seeds, seed oil or seed meal, have a history of safe and significant consumption.

Similarly, hemp leaf tea (without the flowering tops), either on its own or in herbal mixtures, has also shown a history of consumption in the EU. These products are not novel, provided they are derived from Cannabis sativa L. strains with a tetrahydrocannabinol (THC) content of less than 0.3%.

Consequently, these foods or derived products may be placed on the market in the European Union due to their history of safe and significant consumption.

According to these provisions, companies wishing to place cannabinoids and extracts of Cannabis sativa L. on the market as food ingredients. They must apply for authorisation from the European Commission before being placed on the market. The process includes a rigorous assessment by the European Food Safety Authority (EFSA), which will analyse the risks associated with these ingredients. Following this evaluation, the Commission will take a decision on whether or not to authorise the use of these compounds in foodstuffs. This ensures that hemp-derived products meet established food safety standards. This protects the health of consumers and facilitates responsible marketing within the European Union.