The Food Standards Agency (FSA) is to crack down CBD foods and supplements that fail to comply with EU Novel Foods regulations.

The industry has been unable to demonstrate a ‘significant history’ of CBD consumption in foods and food supplements within the EU prior to May 1997, so under Novel Foods regulations, extracts must be authorised before being placed on the market.

An FSA spokesperson told Vapouround CBD:

“The FSA is working with Local Authorities, who enforce food law, to remove products that do not comply with the Novel Food Regulations (EU) 2015/2283.  We are putting in transition measures to aid enforcement.

“EU Exit will not affect the novel food status of CBD as under the Withdrawal Act, the Novel Food Regulations will be transferred to UK law.”

It is understood that tinctures or CBD drops, gummies, capsules and beverages such as CBD tea will fall under this category as the FSA says they are all ingested. CBD vape oils however are exempt from the guidance. As vape oils are technically inhaled, they do not fall under food regulations.

Speaking at the Future of Cannabis Strategies Europe Conference today in London, CBD Intel managing director Tim Phillips said:

“We might see some of the other markets change slightly and we’ll see more predominance of products that are not oils or sublingual oils. I suspect it will change the product mix in the market.

“Unfortunately for the industry it will mean a whole load of uncertainty. You’re talking about products that are already on the market.

“The truth is we don’t know whether those products are going to be left on the market or not and we know that there are plenty of shops that are coming under pressure from Trading Standards.

“We’re going to have to embrace the fact that this is going to be a really highly uncertain next few years for the industry. It’s going to take some time for that regulation to be sorted out totally.

The FSA regularly advises the government on food standards. While this latest announcement on consumable CBD products may cause some concern, it is guidance to CBD manufacturers and retail outlets. Whether or not it becomes law remains to be seen.