German CBD Regulation: Only Isolates and Enriched Extracts are Novel Food

The European Industrial Hemp Association (EIHA) has achieved groundbreaking success in the discussion about the generally permissible trade and sale of CBD-containing products, the Association announced. This brings change to German CBD regulation.

After an intense regular discussion that began in April 2018, the German Federal Government and the Federal Ministry of Food and Agriculture (BMEL) endorsed the view of the EIHA and recognized the difference between natural and enriched cannabinoids.

Hemp Foodstuffs Not Novel Food

With this new German CBD regulation, it is adopted that foodstuffs containing parts of the hemp plant are in principle not “novel” foods within the meaning of Regulation (EU) 2015/2283. This decision is in line with the earlier findings and decisions of the EU Commission, according to which foods containing parts of the hemp plant, such as hemp leaves and hemp flowers, are not covered by Art. 2 of Regulation (EU) 2015/2283 on novel foods and novel food ingredients.

Isolated CBD and Enriched Extracts

This doesn’t apply to isolated CBD (cannabidiol) or extracts enriched with CBD. “Thus, hemp food products made from traditionally produced extracts with the natural full spectrum of the cannabinoids contained in the hemp plant are not novel foods. For the German hemp food industry this statement by the government and the ministry is an important milestone”, says Daniel Kruse, President of the EIHA.

German BMEL Endorses EIHA

Now, in the opinion of the Federal Government and the Federal Ministry of Food and Agriculture (BMEL), only CBD isolates and CBD-enriched hemp extracts are obviously novel. Cannabinoids from the hemp plant are only considered to be a ‘novel food ingredient’ if they are used in isolation or fortified. Any product that contains the quantity of CBD found in the hemp plant is not considered to be novel.

EIHA sees this as an important success for its pan-European members and the hemp food industry operating on the German market.

Reviewed by Sasha Bajilo, founder of ILESOL Pharmaceuticals, an industrial scale producer of CBD products and formulations. Expert on Hemp/Cannabis policy, member of the Croatian Ministry of Health regulatory commission for medical cannabis.