Should Hemp Extracts Be Considered Novel Food?

Should hemp extracts and CBD Oil derived from hemp be considered novel food? This article is based on the recent presentation given by the EIHA – published with kind permission from Lorenza Romanese (EIHA Managing Director).

You can read & download the full presentation here:
http://eiha.org/media/2019/03/19-03-12_PAFF_WG_EIHA_Final_small.pdf

Defining ‘novel food’

The EU defines novel food as food that was not consumed to a considerable degree by citizens of the EU prior to 1997, when the first regulation on novel food came into force. Novel food can be newly developed, innovative food, food produced using new technologies and production processes, and food traditionally eaten outside the EU. The regulation requires such foods be safe and be properly labeled so as not to mislead consumers, among other requirements. The upshot for food producers is a more burdensome marketplace as novel foods undergo stringent and costly authorization requirements.

Hemp flower products such as hempseed and hempseed oil (extract) are authorized novel foods under EU rules, exempt from registration due to demonstrated consumption in Member States prior to May 1997.

But the recent language changes to the Novel Food Catalogue state that “extracts of Cannabis sativa L. and derived products containing cannabinoids, including Cannabidiol (CBD), are considered novel foods as a history of consumption has not been demonstrated.”

EIHA’s evidence

During the March 12 session, however, EIHA rebutted that argument, for starters citing a Nova Institute survey (1997) ordered by the EU Commission in which 23 companies from across Europe reported a total of more than 255 tons of hemp-based foods as having been produced before 1997. Those products obviously contained CBD, the EIHA contends.

12 March 2019, WG PAFF Committee

• Lorenza Romanese EIHA Managing Director
• Daniel Kruse, Board Member Tony Reeves, Advisory Committee

What are hemp extracts? (focus on Cannabidiol)

Definition of hemp extracts: from latin “extrahere” = draw out, remove) means any method that uses a (solid, liquid or gaseous) extraction agent to remove one or several components from a substance mixture (of solid, liquid or gaseous substances)

• Coffee > Coffee extract / tea > tea extract

Cannabidiol (CBD) is the most abundant cannabinoid naturally present in the industrial hemp plant and their extracts. It is non psychotropic, non-intoxicating, not addictive & very well tolerated by humans even in large doses

Hemp extracts are used in food/supplements for their health maintaining properties.

How hemp extracts are made from hemp plant?

1. Cold pressing: the most simple extract from hemp fruiting tops is hempseed oil
2. Ethanol extraction: using alcohol to whole fruiting tops (infructescense) and leaves
3. CO2 extraction: using Carbon Dioxide to whole fruiting tops (infructescences) and leaves
4. Fat extraction: can easily be used for home-made preparations

The extract can be left raw or decarboxylated and added to consumer products without further processing.

Extracts are usually winterized in order to remove plant waxes.

Extract can be further distilled/rectified in order to remove unwanted elements such as chlorophyll.

Novel Food Catalogue last change:

On the 20th of January, 2019 MSs and COM agreed on a new wording for the Novel Food catalogue

In item Cannabis sativa L:

hemp seeds and their derivatives are not assessed as Novel Food
leaves and infructescence are left in a grey zone

Moreover, a new item “Cannabinoids” was introduced into Novel Food catalogue.
Hemp extracts are considered Novel Food

Conclusion: major confusion regarding interpretations and negative impact on the hemp sector (regarding investments, level playing field)

EIHA already demonstrated in October 2018

Food Business Operators in EU have been acting in GOOD FAITH based on guidance represented by the information provided in Novel Food Catalogue àinvestments.

Use of hemp leaves and infructescence have NOT BEEN discriminated in listing for item Cannabis sativa.

Catalogue item Cannabidiol has provided a clear guidance: products with “natural“ levels of CBD have been considered “traditional“.

Only traditional propagating practices are used for processing hemp infructescense.

Such practices include pressing or solvent extraction.

Presence of cannabinoids in human diet is also well documented across middle ages to the modern age. We will demonstrate it on 14 examples.

Traditional cannabinoid-rich products