The clarification by the food authority stated that ‘hemp seeds and seed products (hemp seed, oil extracted from hemp seeds, hemp seed flour and so on) have been standardised under sub regulations 2.16 of the FSS (Food Products Standards and Food Additives) Regulations 2011 and such products may be allowed on e-commerce websites but with valid FSSAI licence.
“It is advised to inform all the concerned FBOs that hemp seeds and seed products are standardised under the FSSR and such products may be allowed on e-commerce websites also, subject to holding a valid FSSAI licence and compliance with standards so prescribed,” reads the clarification.
According to Inoshi Sharma, Executive Director, FSSAI, it has come to the notice of the authority that the e-commerce FBOs were not allowing listing of these products on their web portals, based on the order issued by the FSSAI in 2017 that prohibited the sale of such products.
The current order shall supersede the October 2017 order about ‘illegal manufacturing/import/sale of products from hemp and hemp seeds’ by some companies using FSSAI licence.
“In supersession to FSSAI’s earlier order date 17.10.2017 with the subject, ‘illegal manufacture/import/sale of products made from hemp and hemp seeds by some companies using FSSAI licence number, on its label’, it is clarified that hemp seeds and seed products have been standardised under the FSS Regulations,” adds the clarification.
According to the hemp regulations, the total THC shall not exceed 0.2 mg/kg in any beverages made from hemp seeds and any other food for sale that consists of hemp seed or seed products shall not exceed Total THC content of 5 mg/kg. Also, the level of cannabidiol (CBD) in any food for sale consisting of hemp seed or seed products shall not exceed 75 mg/kg.
Total THC means the total amount of delta 9-tetrahydrocannabinol (THC) and delta 9- tetrahydrocannabinolic acid.
The regulation also lays down that the label for the food containing hemp cannot claim with respect to nutrient or health about cannabidiol.