Foodstuffs derived from hemp.

Draft Regulation laying down the definition of maximum levels of tetrahydrocannabinol (THC) in food

The draft Regulation to which the notification relates, comprising eight articles and three annexes, contains provisions regarding the definition of maximum levels of THC in foodstuffs.

The limits are defined specifically for certain foodstuffs derived from hemp (seeds, flour obtained from seeds, oil obtained from seeds) and for supplements containing foodstuffs derived from hemp. Article 2 of Commission Regulation (EC) 1881/2006 shall apply to other foodstuffs.

On the basis of the precautionary principle, the limits are defined as the sum of the active substance (A9-THC, A9-tetrahydrocannabinol) and of the inactive acid precursor (A9-THCA-A, delta-9-tetrahydrocannabinolic acid A) which, in specific situations, could lead to the formation of the active substance. The Regulation also clarifies the relationship between hemp and food use.

The Regulation provides instructions for operators in the food sector and the competent authorities on the application of regulations on food hygiene and official inspections. The Regulation also provides clarification for the competent authorities and operators in the sector on foodstuffs derived from hemp that can be produced and placed on the market at a national level, without prejudice to the provisions of mutual recognition provided for in Article 7 of the draft decree.