The Context of CBD Regulation in the UK
For several years, cannabidiol (CBD) has generated increasing interest among both consumers and industry. However, its regulation in the UK has remained a contentious issue. The recent announcement by the Food Standards Agency (FSA) represents a significant step forward for this burgeoning sector. Authorization of CBD products in England is on the horizon with a clear roadmap, marking a first since the start of the Novel Food UK process in 2018. This initiative could see its first results as early as next spring, signaling a notable shift compared to other international food standards agencies. Public Consultations and Ministerial Approval The FSA and Food Standards Scotland plan to launch an eight-week public consultation period early next year. This timeframe provides a valuable opportunity for stakeholders to voice their views and concerns, allowing the CBD industry to have its voice heard. At the end of this period, the FSA will submit final recommendations to the relevant ministers. These ministers will then have the ultimate authority to approve or reject these proposals. Once approved, the new rules will be incorporated into legislation as statutory instruments.
Fundamental Principles for CBD Risk Management Consumer Safety Ensuring that advice on the safe consumption of CBD is clear and precise directly benefits consumers. This not only protects their health but also strengthens confidence in the products available on the market. Proportionality The proposed measures aim to balance public safety, consumer choice, and the economic viability of the CBD industry.
The aim is to ensure that regulations are neither too restrictive nor too lax.
Guarantee of Compliance Only new CBD-based foods that have received official authorization will be allowed to be sold. This aims to standardize product quality and remove non-compliant products from store shelves. Maintaining Trust
Strengthening consumer confidence in food safety and the reliability of FSA guidelines remains paramount. Transparency and rigor contribute significantly to this objective.
Consumer Safety
Regulatory Proportionality
Guarantee of Strict Compliance Maintaining Customer Trust The Complex Issue of THC Content
One of the most controversial topics is undoubtedly the THC potency in CBD products. According to the FSA, an approach aligned with that of the Home Office appears to be under consideration. When THC is present at very low levels and cannot be easily extracted, it could be considered an exempt product under the Drugs Act. In practical terms, for a product containing THC to be deemed compliant, it must meet three criteria:
Contain less than one milligram of THC per component of the product; not allow for the easy and abusive extraction of THC; and not be designed for the administration of THC to humans or animals. This regulation aims to clarify the conditions of use of CBD while minimizing the risks associated with the potential presence of THC. Towards market harmonization and stability: This new CBD regulation could facilitate much-needed stabilization and harmonization of the UK market. It would provide dedicated companies and interested stakeholders with the necessary means to thrive in a safer and more transparent regulatory environment.
Rooted in these new guiding principles, the FSA’s approach carries the hopes of hundreds of thousands of British consumers of CBD products who have long called for greater standardization of the sector.
