On April 25, the Czech Ministry of Agriculture announced through a press release that CBD and other hemp-derived cannabinoids were not permitted in food and that the authority national inspection of agricultural and food products (SZPI) would therefore ban them. Many experts, economists and entrepreneurs in the cannabis sector have criticized this decision, deeming it illogical and unnecessary.
The European Industrial Hemp Association (EIHA), which brings together European companies promoting the full use of hemp, has decided to act.
The Czech Agriculture Ministry’s announcement followed the European Commission’s (EC) decision last June to halt the processing of applications for authorization of novel CBD foods due to concerns about their security profile.
The EIHA has therefore requested clarification on the traditional status of natural products based on hemp extracts, by filing an application under Article 4 of the Community Novel Foods Regulation.
A 14th century papal soup
EC rules state that if it can be proven that the food in question was widely consumed as food in the EC before May 1997, it does not need to go through the novel food procedure. . The Novel Food is not a legally binding EU regulation, but only a recommendation. Each Member State can therefore judge for itself what is or is not a novel food.
The EIHA has identified almost 30 examples of the use of hemp and cannabis extracts over the centuries. Among these examples was a soup recipe from Pope Martin V’s personal chef in the 14th century.
This Roman dish contained juices from cannabis flowers and leaves mixed with spices including saffron, breadcrumbs and onion.
Lorenza Romanese, Director General of EIHA, explained to Business of Cannabis that the association had chosen the route of article 4 because an increasing number of countries do not allow or want to restrict the use of hemp extracts which naturally contain cannabinoids.
A traditional food
She added: “The Czech Ministry of Agriculture may have felt some pressure from the European Food Safety Authority following concerns it expressed in June last year to the subject of CBD isolates. »
“However, we intend to demonstrate to the Czech Ministry of Agriculture that natural hemp plant extracts are a traditional food that has been used in Czechia and Europe for centuries.”
With the Czech Republic being at the forefront of moves to introduce a recreational cannabis market – and having independently raised the limit of THC in CBD to 1% in the field – EIHA believes there is a chance reasonable for her to succeed.
The EIHA’s Article 4 request was made directly to the Czech Ministry of Agriculture, which has four months to make a decision, although this may be delayed.
Ms Romanese, strongly supported by CzechHemp, the Czech hemp group, is trying to convince Prime Minister Petr Fiala of the validity of her position.
This Tuesday morning, Petr Fiala also tweeted that he was against the ban on CBD in the Czech Republic.
Návrh Státní zemědělské inspekce na zákaz CBD extraktu v potravinách nepovažuji za šťastný a potvrzuje to i zpětná vazba, kterou mám od občanů a podnikatelů.
Až dokončíme konsolidační balíček, setkám se s ministerm zemědělství @ZNekula a požádám ho, aby zkusil najít schůdnější…
— Petr Fiala (@P_Fiala) May 9, 2023
Back to 2019
Ms Romanese stressed that Member States can act independently under the precautionary principle and that if they refuse to recognize the legality of products based on natural hemp extracts, they could be sanctioned by their own courts of the Court of justice of the European Communities.
In parallel, EIHA continues to work on its New Food Applications for CBD isolate, synthetic CBD and a full-spectrum hemp extract based on 10% CBD oil, despite the association not acknowledging not broad-spectrum or full-spectrum hemp extracts as falling under the Novel Food classification.
Lorenza Romanese added: “Both enriched CBD and isolated CBD are new, while the others are not and have been used in Europe for some time. Our goal is for the European Commission to recognize this and open the European market to traditional products or, if you like, to restore the market as it was until 2019”.
EU rules on CBD products were changed in 2019 when the EC determined they were derived from processes developed since 1997 and therefore new.
CzecHemp President Hanka Gabrielová welcomed the development saying, “A clear distinction between what is new and what is a traditional food ingredient is essential to the existence of the hemp industry itself. . »
“Consumer demand for CBD exists and cannot be ignored. A constructive path to meaningful regulation, as represented by traditional hemp extracts, is in the interest and protection of consumers. Hemp is part of the renewable sources and sustainability strategy and its support is really important. »
Ms Romanese added: “CBD and other cannabinoids have always been present in hemp food products over the centuries, especially in hemp oil obtained from whole seeds or tops with the seeds. blackberries. »
“This history of consumption is well documented and the use of hemp extracts as foods has even been endorsed by the European Commission in a communication dating back to 1998.”
“By declaring natural extracts as traditional foods, the Czech Republic would only restore the situation prior to 2019, when the Novel Foods Catalog entry for Cannabis sativa L. was arbitrarily changed. »
“The EIHA looks forward to a constructive discussion with the Czech authorities, in synergy with the Czech hemp sector, with the aim of achieving the best outcome for both consumers and commercial operators. »
Discussions that will also be important for France where the lack of regulation and divergent interests are sources of confusion.
