EU – New THC limits in hemp leaves for infusion and RTD beverages

This Regulation amends Regulation (EU) 2023/915 by 𝐢𝐧𝐭𝐫𝐨𝐝𝐮𝐜𝐢𝐧𝐠 𝐦𝐚𝐱𝐢𝐦𝐮𝐦 𝐥𝐞𝐯𝐞𝐥𝐬 𝐟𝐨𝐫 𝐭𝐡𝐞 𝐬𝐮𝐦 𝐨𝐟 𝐝𝐞𝐥𝐭𝐚-𝟗-𝐭𝐞𝐭𝐫𝐚𝐡𝐲𝐝𝐫𝐨𝐜𝐚𝐧𝐧𝐚𝐛𝐢𝐧𝐨𝐥 (Δ𝟗-𝐓𝐇𝐂) 𝐚𝐧𝐝 𝐝𝐞𝐥𝐭𝐚-𝟗-𝐭𝐞𝐭𝐫𝐚𝐡𝐲𝐝𝐫𝐨𝐜𝐚𝐧𝐧𝐚𝐛𝐢𝐧𝐨𝐥𝐢𝐜 𝐚𝐜𝐢𝐝 (Δ𝟗-𝐓𝐇𝐂𝐀), 𝐞𝐱𝐩𝐫𝐞𝐬𝐬𝐞𝐝 𝐚𝐬 Δ𝟗-𝐓𝐇𝐂 𝐞𝐪𝐮𝐢𝐯𝐚𝐥𝐞𝐧𝐭𝐬, 𝐢𝐧 𝐡𝐞𝐦𝐩 𝐥𝐞𝐚𝐯𝐞𝐬 𝐢𝐧𝐭𝐞𝐧𝐝𝐞𝐝 𝐟𝐨𝐫 𝐢𝐧𝐟𝐮𝐬𝐢𝐨𝐧 𝐢𝐧 𝐰𝐚𝐭𝐞𝐫 𝐚𝐧𝐝 𝐢𝐧 𝐫𝐞𝐚𝐝𝐲-𝐭𝐨-𝐝𝐫𝐢𝐧𝐤 𝐡𝐞𝐦𝐩 𝐥𝐞𝐚𝐟 𝐢𝐧𝐟𝐮𝐬𝐢𝐨𝐧𝐬.

The measure is based on the 2015 opinion of EFSA’s CONTAM Panel, which established an acute reference dose of 1 microgram of Δ9-THC per kilogram of body weight, and on the subsequent scientific report of 7 January 2020 on acute exposure. The latter found that some exposure estimates exceeded this dose, indicating a potential health concern.

Since infusions in water of hemp leaves without flowering and fruiting tops are not considered novel foods and do not require authorisation under Regulation (EU) 2015/2283, it became necessary to regulate their contaminant content.

The new entries 2.6.4 and 2.6.5 in Annex I set maximum levels of 40 mg/kg for hemp leaves intended for infusion and 0.02 mg/kg for ready-to-drink infusions, including those not made exclusively from hemp leaves.

The label on the hemp leaves must bear, in the principal field of vision, a statement that they are intended exclusively for infusion in water, a warning that the product must not be consumed by infants or young children, and an instruction not to add fat-containing ingredients, such as cream or milk, during infusion, as these would increase the migration of lipophilic substances.

Stricter national rules remain unaffected. 𝐓𝐡𝐞 𝐑𝐞𝐠𝐮𝐥𝐚𝐭𝐢𝐨𝐧 𝐞𝐧𝐭𝐞𝐫𝐞𝐝 𝐢𝐧𝐭𝐨 𝐟𝐨𝐫𝐜𝐞 𝐨𝐧 𝟏𝟖 𝐀𝐮𝐠𝐮𝐬𝐭 𝟐𝟎𝟐𝟔 𝐚𝐧𝐝 𝐚𝐩𝐩𝐥𝐢𝐞𝐬 𝐟𝐫𝐨𝐦 𝟏 𝐉𝐚𝐧𝐮𝐚𝐫𝐲 𝟐𝟎𝟐𝟕. Foods lawfully placed on the market before that date may remain on the market until their date of minimum durability or use-by date.