The Food Standards Agency has provided an update on the criteria for the sale of CBD products in England and Wales.
The previous criteria for the sale of CBD products were that only products which were on sale on 13 February 2020, the time of the FSA’s announcement, and which were linked to a Novel Foods application which had been validated by 31 March 2021 were to be included. However, the FSA has updated the criteria to now include all products on sale on 13 February 2020 and linked to an application submitted before 31 March 2021 that is subsequently validated.
The FSA has said that all applications are subject to an eight-day admin check, which can then take up to 30 working days for an application to be validated. These validated applications will continue through an authorisation process that undertakes checks on safety.
The FSA has said that businesses that want to sell CBD products in the UK should submit novel food applications via the new Regulated Products system, and that Northern Ireland Protocol outlines the EU law that applies in this region.
Emily Miles, Chief Executive of the Food Standards Agency, said: “Applying for Novel Food authorisation is the only way CBD products can remain on sale here. For the past year, we’ve been encouraging all businesses to submit good quality applications as a matter of urgency. However, we have received a large number of applications close to the deadline. This means that, in order to process these properly, we are adapting the criteria of products allowed to remain on sale from 1 April.
“For some time now we’ve been supporting a pragmatic and proportionate approach to CBD regulation. Our commitment to ensuring that consumers know these products are being checked for safety remains firm.”
The Association for the Cannabinoid Industry (ACI) has welcomed the announcement, stating: ‘The update from the FSA means the deadline is now for submission by 31 March 2021 and not validation. If you have not yet submitted your dossier, due to time constraints in regards to having your dossier validated before 31 March 2021, you should look to submit your dossier as soon as possible.
‘ACI’s experts will be delighted to support companies looking to make the most of this opportunity. Contact us now to find out how we can help’.
Shomi Malik, ACI’s External Affairs Director, said on the day of the announcement: “Today’s update from the FSA is a welcome one. The 31 March deadline is now for submission, rather than validation.”