638. Deputy Aengus Ó Snodaigh asked the Minister for Health if there are any plans to legislate to bring greater legal clarity in respect of health CBD products [10048/24]

Minister for Health, Deputy Stephen Donnelly: The law on CBD is clear in relation to it as a cannabinoid and in relation to claims of CBD being a foodstuff or healthfood as demonstrated below.

Cannabidiol (CBD) is an extract of Cannabis. It is non-psychotropic and pure CBD is not a controlled substance under the Misuse of Drugs Regulations 2017.

Extracts of Cannabis sativa L. containing cannabinoids as well as synthetically obtained cannabinoids are considered novel foods as a history of significant consumption within the EU has not been demonstrated. This applies to both the products themselves and any foods to which they are added as an ingredient.

In the EU, the Novel Food Regulation (EU) 2015/2283 is a consumer protection safeguard to ensure that new innovative foods are only placed on the market if they are safe. Novel foods are foods which do not have a history of significant consumption within the EU before May 15, 1997, this is the date that Novel Food Regulations came into effect. The European Food Safety Authority (EFSA) carries out the safety assessments on novel foods based on information submitted by applicants.

There are a number of applications for the authorisation of synthetic CBD and hemp-derived products that have been submitted to the EU Commission and are currently with EFSA for assessment, however due to a lack of sufficient safety data these assessments are currently on hold. To date no synthetic CBD or hemp derived products have been authorised as novel foods.

A health claim on food is any statement about a relationship between food and health. In the EU, health claims on food can only be made if authorised as provided for in Regulation (EC) No 1924/2006 on nutrition and health claims made on foods. The EU authorises different health claims provided they are based on scientific evidence and can be easily understood by consumers. The European Food Safety Authority (EFSA) is responsible for evaluating the scientific evidence supporting health claims. There are currently no food health claims authorised for CBD.