UK-based trade group the Cannabis Trade Association says it would fight any efforts from the country’s Food Standards Agency to enforce compliance of CBD’s recently classified status as a Novel Food.
In February, the UK Food Standards Agency (FSA) reclassified cannabidiol as a Novel Food, following a change of status in the EU Novel Food Catalogue. Novel foods require an authorisation from the European Food Safety Authority before they can legally be placed on the market.
While the FSA agreed in the short term to defer enforcement of the new rules, some industry insiders expect that the situation is about to change.
“embarking on this application process…would mean that the products would have to come off the market until such a time as an authorisation is granted”
But this week the CTA said it would be advising its members not to submit Novel Foods Application, warning that “embarking on this application process…would mean that the products would have to come off the market until such a time as an authorisation is granted as the transitional measures to allow the continued sale ended on the 1 Jan 2019”.
Based on legal advice, the CTA says its view remains that cannabis extracts are not novel, and that CBD’s reclassification as a Novel Food was unfair, and based on an erroneous assessment. Therefore, it argues, “any opinions made by EFSA cannot be legally relied upon to secure a prosecution for breach of the Novel Food Regulation”.
The development comes just days after a rival trade body – the Centre for Medicinal Cannabis – launched its ‘CBD charter’, framework of legal compliance and quality controls geared specifically towards Novel Foods authorisation.