Israel Desks - February 2020 Edition

31 lawfully sold and supplied without licence; however, in Switzerland, the threshold is less than 0.1%. In January 2019, the European Food Safety Authority (“EFSA”) classified extractsofcannabis ‘sativaL.’andderivedproductscontainingcannabinoids as “novel foods”. Determining that something is a “novel food” means that EFSA is of the view that there has been no history of consumption of these foodstuffs by humans. The classification applies to both the extracts themselves and any products to which they are added as an ingredient (such as hemp seed oil); it also applies to extracts of other plants containing cannabinoids. The consequence of this classification is that before a food or food ingredient in the novel food catalogue may be placed onto the market anywhere in the European Union, a safety assessment under the Novel Foods Regulation is required. The novel food catalogue is regardedby thegovernments of theEUMember States, including (for now) the UK, as definitive guidance, and they have generally concluded that foods containing CBD may be made available only once authorisation under the Novel Foods Regulation has been obtained. The approach to CBD, at Member State level, following the amendment to the novel foods catalogue, is variable. In order for a particular product or a class of products to be removed from the novel food catalogue, a novel food application must be made to the EFSA. It is understood that a small number of novel food applications have been lodged by suppliers of CBD products with the EFSA in relation to products which contain CBD; however decisions have not been made public as yet. In the United Kingdom, the Food Standards Authority (“FSA”) has stated that foods or food ingredients which do not have a history of consumption need to be authorised by the EFSA before being placed on the market and has agreed with the European Union’s assessment that CBD products are “novel foods”; however, as yet no organised enforcement action has been taken to remove products which contain cannabis or CBD from the UK market, and quite a number are becoming available. A number of lobby groups are in regular correspondence and dialogue with the FSA; however, the market is generally not aware of any confirmation being given as to the likely approach to CBD products or development of guidance in this area, nor of the stance the FSA may take following Brexit (when compliance with the EFSA and the Novel Foods Regulation need not remain a feature of domestic UK law). As innovation continues and regulatory standards are adopted around the world for CBD products, it is