Updated Guidelines for CBD Foods and Beverages in the UK
The UK Food Standards Agency (FSA) established an upper limit for THC that is allowed in hemp-derived novel foods. The limit is 0.07 milligrams per day, which is considered a safe amount to consume. Businesses are now asked to reformulate their CBD foods and beverages to meet the new THC limit.
The THC safe upper limit of 0.07 mg per day corresponds with taking 10 mg of CBD per day, the acceptable daily intake amount. The 0.07 mg of THC per day is the same as an adult weighing 70 kg consuming one microgram per kilogram of body weight per day. A collaboration of the FSA and the Committee on Toxicity determined the THC limit.
A joint report of the FSA and Committee on Toxicity says, “THC is a controlled substance within the UK; specifically, Δ9-THC and its acid precursor, Δ9-THCA, are found as unavoidable contaminants in CBD novel foods and other hemp-derived products…oral exposure to THC (as the sum of Δ9-THC and Δ9-THCA) at or below one µg/kg bw/day is unlikely to be harmful under appropriate conditions of use.”
THC is on the UK’s illegal controlled substance list, but the FSA Advisory Committee on Novel Foods and Processes recognizes there will be some THC in hemp-derived CBD products. The UK’s novel foods category, which includes hemp-derived food and beverages, encompasses foods that lack a history of consumption or are produced using new processes that alter the food’s composition or nutritional value.
The FSA does say,
“Hemp seeds, hemp seed oil, ground hemp seeds, (partially) defatted hemp seeds, and other hemp seed-derived foods are not novel. Water infusion of hemp leaves (when not accompanied by the flowering and fruiting tops) is also considered not novel. This is because there is evidence to show a history of consumption before May 1997.”
If CBD extract is added to any hemp product, such as hemp seed oil, the product becomes a novel one.
The FSA has updated the official CBD guidance for the industry. The businesses with products on the FSA’s Public List of CBD Products Linked to Novel Food Applications are encouraged to change the formulas for their CBD foods and beverages. These businesses do not need to notify the FSA if the reformulation does not change product details. If the formula changes require submitting product detail amendments, the businesses must submit the designated information to the FSA and confirm that the formula changes are related to safety.
While the impact of these regulations on existing CBD product producers in the UK is not yet clear, the FSA’s commitment to providing firm, clear guidelines is commendable. The CBD industry is facing uncertainty in many countries, including in the United States, where a lack of federal guidance is leading to a myriad of state laws and regulations. The FSA’s efforts to bring clarity to the CBD industry will undoubtedly benefit businesses in numerous ways.
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