Novel foods, like CBD food products, should be authorised before they are put on the market to ensure they have been through an independent safety assessment. Applications for authorisation of CBD food products are required as these products are considered a novel food having no history of consumption before May 1997.
To bring the current market into compliance, exceptionally we asked the industry to submit retrospective applications for CBD products which were on sale on 13 February 2020. We advise that the products linked to the application which are making initial progress through the novel foods authorisation should be allowed to stay on the market until a decision on their authorisation has been made.
List of CBD products
This list is split into two sections that are made up of products associated with applications which either:
- have been validated in the initial stage of the process before going on to the safety assessment
- are ‘on hold’, with applicants having set out robust plans to complete the risk assessment but yet to supply all the information needed to continue on in the process
For both categories, applications need to have been submitted by 31 March 2021. Products linked to applications made after this date will not be added to the list.
Information included in this list has been provided by applicants. While we have verified the supplied evidence that these products were on sale before 13 February 2020, the FSA cannot be held responsible for errors or omissions from this list.
We have taken the pragmatic approach of suggesting that products on these lists may remain on the market until a decision is made on their authorisation or acceptability of provided information. However, the FSA is not endorsing the sale of any CBD food products, regardless of whether on the list or not.
The list will be regularly updated with further products as we review suitable applications submitted before 31 March 2021.
About the validation of CBD applications
Validation requires checking that an application contains all information required by law to allow it to proceed to the authorisation process. This information includes evidence of a risk assessment. If any of this information is missing, the application cannot be legally validated.
It is important to note that validation is not the same as authorisation. There is no guarantee that a validated application will be authorised. Addition of a CBD product to this list does not mean it is authorised or approved, only that the applicant is seeking authorisation.
‘On hold’ products
Some applications that have not been validated are progressing well towards providing this information, with evidence of plans to complete the risk assessment process to an acceptable quality and with a clear agreed deadline for submission for validation. Products linked to these applications are included in the ‘on hold’ category if the rest of the application was considered suitable for validation.
These products will be removed from the list and the process if the required information is not provided in an acceptable timeframe and to a suitable quality. This means that they won’t be allowed to remain on the market if it’s unlikely that the necessary information will be provided for their progress through the safety assessment.
Local authorities are responsible for enforcing the legislation but we have asked that they take account of the products on the list as suppliers of such products have shown an interest in moving towards compliance. We expect companies which have not applied for authorisation or those rejected from the process to withdraw their products from the market voluntarily. If this does not happen, local authorities can use the list to inform their enforcement decisions. It is also available for retailers to know the status of their suppliers.
Novel CBD food products are subject to food laws. If there are any concerns on safety of the products, they can be removed from the list at any time and appropriate enforcement action taken.
If you have any questions about the list of CBD products, contact us at firstname.lastname@example.org.
Any queries on the authorisation process should be directed to email@example.com