It’s a bit like the Polish version of the French battle around CBD flowers. Kombinat Konopny wins an important legal victory for the hemp trade. The Supreme Administrative Court agrees with him, facing the Polish regulator, the Chief Health Inspectorate (ISC).
To understand this case, we must first explain the European regulations. Since 2018, the European Union (EU) has required that any food that has not been consumed before 1997 goes through a (long) authorization, known as novel food, to be sold on the market. For example, chia seeds are one of them.
CBD, as a molecule, can also be considered as such. But not in all its forms, as the Polish Supreme Court reminds us.
In 2019, the Polish regulator withdrew a product from the market sold by the company Kombinat Konopny. Reason invoked: these hemp capsules did not obtain authorization novel food. So the legal process begins. The company first lodged a complaint before a court in Warsaw, but lost. She therefore appealed, and found herself before the Supreme Administrative Court.
Hemp used in food long before 1997
“The regulator first misinterpreted the Novel Food regulation, and then filed an incomplete prosecution, ignoring the documentation provided by the opposing party, as well as the evidence provided by the authorities that they could not ignore”rules the court decision, reported by HempToday.
To achieve this victory, the wife and partner of the CEO of Kombinat Konopny delved into the archives. She had to prove to the courts that hemp was used in food in Europe long before 1997. This is particularly the case in Eastern Europe, such as in Latvia, where it is part of the culinary culture.
“The overwhelming evidence presented by the party indicates that hemp was historically consumed as food and as a dietary supplement to a normal diet”continues the Court.
This court decision could help many other European countries. Since Poland is part of the European Union, other EU hemp traders will be able to use this court ruling to make their case.