The ruling also covers CBD-based or CBD-enriched foods intended for export outside the EU. France’s Council of State must resolve the dispute in line with the court’s interpretation.
The Court of Justice of the European Union ruled on 5 November that CBD-based or CBD-enriched foods cannot be certified organic without EU market authorization, including when they are intended for export outside the bloc.
The ruling follows a challenge to restrictions imposed by France’s organic farming regulator, INAO. A hemp industry association took the case to France’s Council of State, which referred the question to the EU court, DW said.
CBD, or cannabidiol, is a compound found in cannabis and commonly extracted from hemp, varieties of cannabis with low levels of THC. Unlike THC, CBD does not produce a high. The ruling concerns food, not medicines.
The European Commission classifies CBD as a novel food: one that was not consumed to a significant degree in the EU before 15 May 1997. Novel foods need a safety assessment and authorization before they can be marketed. The court said CBD had not yet received that authorization; it did not say CBD was unsafe.
The court said meeting organic production standards does not replace market authorization. It said an organic label could mislead shoppers into thinking the food had been approved for sale.
The ruling does not cover all foods derived from cannabis. Hemp seeds and ordinary hemp seed oil not enriched with CBD can still be sold and certified organic if they meet the relevant standards.
INAO had told certification bodies not to certify CBD-based products or CBD-enriched foods as organic. It also barred CBD as an ingredient in certified organic foods, while exempting hemp oil not enriched with CBD.
France’s Council of State must now resolve the association’s challenge in line with the EU court’s interpretation.
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