The legal context of hempfood in Belgium

Transcription

1 1 The legal context of hempfood in Belgium FPS Health, Food Chain Safety and Environment DG Animals, Plants and Food Service Food, Feed & other consumption products

2 2 1. Legislation : Royal Decree of 29 August Scope : lists of plants 1.2 Advisory Commission & actualisation 1.3 List 1 & Derogations 2. Legal context Cannabis sativa L. 3. Conclusions Joris GEELEN Expert plants Secretary of Advisory Commission on Plant preparations

3 3 1. Royal decree on Plants : development - Executive decision of Law of 24/01/1977 on protection of the public health for food and other products - 1 st publication in Belgian Official Journal on 21/11/ 97-9 decrees with adaptations Transposition of Directive 2002/46/EC - May 2003 Maximum levels for ~30 plants of list 3 - March Current update notified to EU COM TRIS April 2010

4 4 1. Royal decree on Plants Defines: - Lists of forbidden and authorized plants - Notification food supplements - Requirements labeling & advertising - Advisory Commission on Plant preparations

5 5 1.1 Royal decree on Plants : scope - Applies to foods and supplements that contain plants - In annex 3 lists: List 1: List 2: List 3: Plants that may not be used in or as food. Derogation possibility Edible mushrooms Plants - predosed form. To be notified. (*) Maximum levels

6 6 1.2 Advisory Commission on Plant preparations President: Em. Prof. Dr. A. Vlietinck Consists of 16 representatives from : 9 Research - Unif. 4 Professional org. (NAREDI, BACHI, OPPAS, RASH) 1 Control (APB) (2 Medicine agency) Scientific safety evaluation 5-6 x / year

7 7 1.2 Advisory Commission on Plant preparations - Evaluate plants not listed conditions not fullfilled - Advice on derogations for plants on list 1 - Determine maximum levels for plants on list 3 * - Revision of the lists - Follow-up literature, side effects, incidents Official advice to be made searchable online

8 8 1.2 Advisory Commission on Plant preparations Consists of representatives from research (Unif.), professional org., Medicine agency. Evaluate plants not listed conditions not fullfilled Advice on derogations for plants on list 1 Determine maximum levels for plants on list 3 * Revision of the lists Evaluate products with encapsulated essential oils Follow-up literature, side effects, incidents

9 9 1.2 Current actualisation Transposition of the advice of the Advisory commission - advice of more than 5 years ( ) = 100 advices Addition plants and conditions to lists - 15 to list 1 - Specification of limits for unwanted or toxic substances: E.g. The plants Lupinus angustifolius L. and Lupinus albus L. are permitted in food if by analytical reports can be shown that the seed and flour from the plants do not contain more then 200 mg/kg of alkaloids and that it does not contain anagyrine. Check of the nomenclature of all plants - cooperation with experts of National Botanical garden

10 Royal decree on Plants : List 1 Art It is prohibited to market plants listed in list 1 of dangerous plants in annex to this decree as or in food. 2. It is prohibited to manufacture and market plant preparations obtained from plants listed in list 1, as or in food. This provision does not apply to the manufacturing of flavorings. The Minister may: 2 authorize exceptions to the prohibition in the case where on the basis of a toxicological and analytical dossier can be shown that the plant preparations do no longer contain the toxic properties or substances of the plant from which the plant preparations are obtained.

11 11 2. Legal context Cannabis sativa L. Maximal values for tetrahydro-cannabinols (Δ9-THC) Food Standards Australia New Zealand (FSANZ) 10 mg/kg for oil of the seeds 5 mg/kg for seeds and flour of seeds 0.2 mg/kg for all other foodstuffs and drinks - Request & Analysis for each batch - Batch number and mention THC free on label

12 12 5. Conclusion - Science based policies - Clear legislation and conditions - Safe, controlable, realistic and workable levels of Δ9-THC that exclude any possible form of abuse

13 13 Contact For questions regarding plants: +322/ > Food safety > Foodstuffs > Food supplements