Clarification on the CBD Novel Foods Regulation

On 13 February 2020 the UK Food Standards Agency (“FSA”) announced that manufacturers and suppliers of CBD products in the UK have a deadline of 31 March 2021 to submit valid novel food applications. After 31 March 2021, only CBD products which are the subject of a valid application received by the FSA will be allowed to remain on the market.

Given the novelty of the application process for the CBD industry, the procedure for making a novel food application and obtaining novel food authorisation  has been met with a great deal of uncertainty and misunderstanding . The Association for the Cannabinoid Industry has received a welcomed clarification from the FSA on novel food applications as set out below.

1. All finished products must be covered by an approved novel food application.
2. Numerous products my fall within a single novel food application. The end use or presentation of the finished product must be within the ‘uses’ identified by the application.
3. Bioavailability in different foodstuffs which relate to the specific product may help to support novel food applications. Finish product formulation and shelf stability for each food product should be established and included in the application, whether by the CBD manufacturer, supplier or brand.
4. Any finished CBD product on the market prior to the FSA’s announcement in February 2020 must only be prepared, marketed, and sold in accordance with the validated application after 31 March 2021. New products must have full authorisation before marketing.

The clarifications are a welcomed step to ensure novel food applications are accurately prepared and are successfully validated by the FSA.

At Memery Crystal, we are proud to be at the centre of legislation and attitude change within the CBD and medicinal cannabis sector. We continue to advise the sector on business set-up, capital raising, mergers and acquisitions, licensing, and commercial contracts.