Cannabidiol business guidance

The status of CBD was confirmed in January 2019 when the EU Commission classified food products and supplements containing CBD extracts as ‘novel foods’. This means that they do not have a significant history of consumption before May 1997 in the UK or EU. 

That is why CBD food products require authorisation before they can be sold legally in Britain, including Scotland. Currently there are no CBD extract products authorised as novel foods (under Regulation (EU) 2015/2283) and those products currently on the market are in contravention of the novel food regulation. 

It is important, therefore, that you take immediate action to gain authorisation as a novel food in relation to any CBD extract products you sell, or plan to sell in the future. Otherwise, you should seek assurances from your suppliers / manufacturers that they have done so. 

Hemp seeds, hemp seed oil, ground hemp seeds, (partially) defatted hemp seeds and other hemp seed-derived food are not novel. Water infusions of hemp leaves (when not accompanied by the flowering and fruiting tops), are also considered not novel. This is because there is evidence to show a history of consumption before May 1997. This is not the case for CBD extracts themselves and any products to which they are added as an ingredient (such as hemp seed oil). This also applies to extracts of other plants containing cannabinoids as outlined in the EU Novel Food Catalogue. 

In October 2023, we issued updated consumer advice on the consumption of CBD for healthy adults and vulnerable groups. 

Businesses should be aware of this information and be able to inform consumers on the maximum recommended daily limit for healthy adults. As a precaution, we do not recommend CBD for people in vulnerable groups, unless under medical direction. This includes children (those under the age of 18), people taking any medication, those trying to conceive and those who are pregnant or breast feeding. 

Like all novel foods and ingredients, CBD products must be safety evaluated, authorised and approved as a novel food before they can be legally sold. 

Food Standards Scotland (FSS) is working with local authorities and other partners to keep the safety of CBD food products currently on the market under review, and to ensure that products stating they contain this ingredient do so. 

Food businesses must apply for authorisation of their CBD extracts, isolates and associated products to be placed on the GB market using the regulated product application service. This service is hosted by the Food Standards Agency (FSA) and is operated jointly by FSS and the FSA. 

In most cases, the applicant will be the manufacturer, but others such as trade bodies and other suppliers may also apply. 

Once a CBD ingredient is authorised, that authorisation applies to that ingredient only. This means using the same detailed production methods, for the exact same uses as described within the authorisation and using the same safety evidence base. 

We have regulatory responsibility for CBD used in food products in Scotland. 

Products containing the psychoactive substance Tetrahydrocannabinol (THC), with limited exemptions, are classed as controlled drugs under the Misuse of Drugs Act and for Police Scotland and the Home Office. The Home Office have provided a factsheet on Cannabis, CBD and other cannabinoids.

Medicinal use of CBD is the remit of the Medicines and Healthcare Products Regulatory Agency (MHRA), and most other uses of CBD such as for vaping are for Trading Standards. Refer to MHRA Guidance Note 8, Appendix 10, for guidance.