FSA Reassures CBD Sector as SPS Negotiations Continue
The UK Food Standards Agency (FSA) has issued a letter to stakeholders to clarify the potential impact of the proposed UK-EU Sanitary and Phytosanitary (SPS) Agreement on novel foods, including CBD products. Following enquiries from retailers about what a future SPS agreement could mean for the CBD market, the FSA has confirmed that its current approach remains unchanged.
No Immediate Changes for CBD Businesses
The letter makes clear that the FSA has not changed its guidance on the enforcement of CBD food products placed on the market in England and Wales. Businesses operating within the existing regulatory framework should continue to follow current requirements. The FSA also confirmed that it will continue assessing CBD novel food applications currently progressing through Great Britain’s market authorisation system while negotiations on the SPS agreement continue. This provides welcome certainty for businesses that have invested significant time and resources into the authorisation process.
What Could Change in the Future?
While there is no immediate impact, the FSA has outlined how a future SPS agreement could affect the market. If ministers authorise CBD applications under the current GB system before an SPS agreement comes into force, those ingredients can continue to be legally used in food, subject to any conditions attached to their authorisation.
However, once an SPS agreement is implemented, businesses may instead require an EU market authorisation to place regulated products on the GB market, depending on the final terms of the agreement, including any transitional arrangements or exemptions that may be agreed. At this stage, these arrangements have not been finalised.
Continued Commitment to Industry
The FSA has reiterated its commitment to supporting the CBD industry as it moves towards regulatory compliance and has pledged to keep businesses informed as negotiations develop. For the CBD sector, the letter offers an important message: businesses should continue engaging with the existing GB novel foods process while awaiting further clarity from Government.
The Cannabis Industry Council welcomes this clarification from the FSA. Regulatory certainty is essential for businesses investing in compliance, innovation and consumer safety. We will continue to monitor developments surrounding the proposed SPS agreement and work with policymakers and regulators to ensure our members remain informed as further details emerge.
