Industry Calls for Regulatory Clarity on Whole-Plant Hemp Oils
A group of UK hemp industry stakeholders has formally asked the Food Standards Agency (FSA) to clarify whether whole-plant hemp extracts should be treated as novel foods. The request argues that these products have a long history of safe use and should fall under general food law, challenging the regulator’s long-standing position and calling for alignment with historical evidence.
The Article 4 Submission
The request, coordinated by The Hemp Hound Agency, was undersigned by multiple stakeholders and submitted as an Article 4 filing. Under UK and European food law, companies can ask regulators to decide whether a product should be treated as a “novel food” through this mechanism. If a product is deemed non-novel, it can be sold under normal food rules; if ruled novel, it must undergo a lengthy and costly authorisation process before entering the market.
The submission focused on full-spectrum and broad-spectrum extracts produced through traditional methods such as cold pressing, tincturing, and ethanol extraction. It cites European Commission and UK records demonstrating that hemp flowers and extracts were lawfully used in teas, beverages, and flavourings before May 1997—the cut-off date that defines novel foods.
“CBD did not suddenly appear in the last 10 years. It has always been a natural constituent of hemp foods,” the submission noted.
The filing emphasises that CBD-rich hemp oils made with traditional processes are established foods, not new ones. Evidence from food, beverages, and herbal preparations supports their long-standing use.
Whole-Plant vs Isolates
The submission draws a clear distinction between whole-plant derivatives and purified cannabinoid isolates. While isolates and synthetic CBD may legitimately fall under novel food and drug frameworks, whole-plant products containing less than 0.2% THC should remain under general food law.
“Selective extracts like isolates are a different category altogether. Unselective extracts such as cold-press oils or tinctures preserve the natural balance of the plant and fall within traditional food processes.”
This distinction underpins the call for the FSA to recognise whole-plant hemp oils as non-novel foods, providing clarity for the industry and avoiding unnecessary regulatory barriers.
Critique of THC Limits
The Article 4 filing also challenges the FSA’s 50-microgram-per-serving cap on THC in food, calling it arbitrary and unsupported by food law. Instead, the submission references a 2025 advisory committee finding recommending a more proportionate threshold of 1 microgram per kilogram of body weight per day.
The filing urges regulators to align UK policy with jurisdictions such as Switzerland, Canada, and the United States, where whole-plant hemp oils are not treated as novel foods.
Industry and Advocacy Support
Signatories to the Article 4 submission include Allworld Products, Big Chief Hemp, Bnatural, Brown’s CBD, CBD Brother, CBD One, CBD-UK, Crop England, Happy Hemper, Hempen Organic, Jersey Hemp, Naturally Pure Lab, Naturecan, Orange County, Ortis Wellbeing, and Project Forty8.
Peter Reynolds, chairman of CLEAR and founder of the CannaPro trade association, described the FSA’s handling of CBD as having “devastated the UK market.” He recalled that whole-plant extracts became popular about a decade ago, providing safe and effective supplements, before regulators introduced bureaucratic novel food requirements. Reynolds noted the impact: the closure of hundreds of businesses, thousands of job losses, and the removal of many full-spectrum products, leaving mainly isolated CBD oils on the market.
He added that pharmaceutical and corporate interests had influenced regulatory tightening:
“They were alarmed that they were missing out. The Article 4 filing is the proper legal process to reverse what has effectively been a war on CBD.”
The Broader Regulatory Context
A white paper by The Hemp Hound founder, Cefyn Jones, titled Moving the Goalposts, argues that the FSA, under pressure from the Home Office, blurred the lines between food law and drug law. Case law such as the Kanavape ruling confirms that hemp containing less than 0.2% THC is not a narcotic, highlighting potential overreach. The paper also raises concerns about conflicts of interest, noting links between advisory panels and pharmaceutical companies.
The submission calls on the FSA to:
Formally recognise whole-plant hemp oils as non-novel foods
Withdraw the current THC per-serving limit
Publish clear definitions separating seed oils, whole-plant extracts, and isolates
Establish transparent consultation with industry
“Hemp’s food history is undeniable, yet businesses are being treated as if they are handling controlled drugs. This is neither lawful nor fair,” the submission concludes.
The Article 4 filing represents a significant push by UK industry stakeholders to restore clarity and fairness to the hemp and CBD market. Advocates emphasise that whole-plant hemp oils are foods, and regulatory frameworks must reflect this simple fact.
For the UK hemp sector, the outcome could determine whether full-spectrum and broad-spectrum products regain their place on the market and whether the domestic industry can thrive without unnecessary regulatory hurdles.
