The context of CBD regulation in the United Kingdom
For several years, cannabidiol (CBD) has generated increasing interest among both consumers and industry. However, its regulation in the United Kingdom has remained a contentious issue. The recent announcement by the Food Standards Agency (FSA) represents a significant step forward for this rapidly growing sector.
The authorization of products CBD 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 evolution 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, giving the CBD a voice.
At the end of this period, the FSA will submit final recommendations to the responsible 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 in the form of statutory instruments.
Fundamental principles for managing CBD-related risks
Consumer safety
Ensuring that advice on the safe consumption of CBD is clear and accurate directly benefits consumers. This not only protects their health but also strengthens trust 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. The goal is to ensure that regulations are neither too restrictive nor too lax.
Guarantee of conformity
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:
- Contains less than one milligram of THC per component of the product
- Do not allow the easy and abusive extraction of THC
- Not intended 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 possible 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 businesses and interested parties with the necessary tools 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.
