Contrary to the expectations of the entire market, it would appear that the French government has chosen to firmly maintain its oppressive and unfounded stance toward hemp. Even more deplorable is the fact that the government has begun its absurd crackdown by targeting French organic hemp producers.
Hemp producers and organic certifications
For several weeks now, the government has been urging French organic certification bodies to review their certifications for hemp producers. The reason? The government, through MILDECA (the Interministerial Mission for the Fight Against Drugs and Addictive Behaviors), requires that any hemp-based product containing CBD may no longer be awarded the organic label.
Under pressure from the government, organizations such as ECOCERT and Veritas—to name just a few—have therefore notified organic hemp producers by mail that they would lose their coveted certification within 15 days.
As a result, nearly 200 hemp growers have already had their organic certification revoked. This is an economic disaster for most of these growers (nearly 60%), who work primarily with organic retailers. Without this valuable certification, the majority of them will not be able to survive.
The directive? To penalize all manufacturers offering products containing CBD, even in small amounts.
However, it’s important to note that most hemp-derived products naturally contain CBD. As a result, very few products would be able to retain their certifications.
In fact, some producers in the Creuse department have decided not to take this lying down. They blocked ECOCERT inspectors, leading to more than six hours of negotiations. They ultimately prevailed and will be able to keep their organic certification for now. But for how long?
The only way for hemp producers to continue selling their products today is to apply for European organic certification, which few can afford.
In addition, the government intends to enforce the Novel Food Act, which aims to ban all CBD-based food products.
The Novel Food Law: A Declaration of War on CBD
Effective January1, 2018, the Novel Food Act aims to regulate novel foods or ingredients that did not exist before May 15, 1997.
Here is what this law states: “The placing on the market of food products is governed by Regulation (EC) No. 178/2002, according to which no food product may be placed on the market if it is harmful to health or unfit for human consumption, as well as by Regulation (EU) No. 2015/2283 on novel foods: products for which no history of consumption prior to 1997 can be established are subject to an assessment by the European Food Safety Authority (EFSA) and require prior authorization before being placed on the market. To date, CBD and hemp extracts are considered to have no history of consumption and therefore cannot be incorporated into food products.”
It therefore plans to remove all food products containing CBD from the market. Since French legislation on this matter is unclear, hemp producers had been awaiting a decision to clarify the situation.
With the government’s renewed interest in hemp producers, it would seem that the issue is being resolved.
Another blow to the agri-food and "light cannabis" sectors, which yet have so much to offer.
What does the future hold for hemp- and CBD-based products?
While the government no longer hides its hostility toward CBD, the crackdown appears to be continuing. Fortunately, industry professionals are taking action and hope to put an end to this ban.
The EIHA (European Industrial Hemp Association) has already filed four petitions seeking to exclude hemp—and CBD in particular—from the Novel Food Regulation.
In France,the UPCBD(Union of CBD Professionals) regularly takes action and hopes to raise awareness of all the benefits of CBD in order to achieve full legalization of the hemp plant.
Although the future of the hemp and CBD food industries remains uncertain, it is essential to do everything possible to raise awarenessof the benefits of this plant, which has been used since time immemorial for its many health benefits.
