Theprocessnotification in Brussels of regulation scheme of the Ministry of Health
on the use of hemp in food. (1) European Commission and Spain presented comments, the Czech Republic a reasoned opinion highlighting the limits of the Italian measure, once again discriminatory towards its agricultural and processing enterprises.
La Cannabis sativa L.has meanwhile returned to the headlines due to a minister who poses as' to make a bundle of all the grass'. Without distinguishing between industrial hemp - which has been grown in Italy since the Middle Ages and is now experiencing a recovery useful for increasing farmers' incomes - and hemp varieties with psychotropic effects. How to combine chamomile with hemlock. In bad faith, since the 'hemp shop'- Matteo Salvini's enemies of the week - are subject to meticulous checks and analyzes in Italy. Criminal activities concern other substances and occur elsewhere, even in middle and high schools, and it is there that the Minister of the Interior should, if anything, turn his attention.
Edible hemp, Brussels notes on the Italian decree
The Ministry of Health, it is recalled, notified in Brussels on 30.10.18 one settlement schemededicated to the use of hemp in the production of food and food supplements. The provision defines the ' hemp for food use'and establishes the limits of tetra hydro-cannabinol (THC) allowed on'seeds, flour obtained from seeds, oil obtained from seeds'.
The European Commissionasked Italy to introduce a mutual recognition clause for products made in other member countries. This clause may be included in specific guidelines, for the express purpose of preventing the adoption - by the supervisory authorities in Italy - of measures that could jeopardize the free movement of goods in the Internal Market. The issue can be critical in relation to products, such as hemp oil, where Italy has defined THC thresholds that are particularly strict, if not impossible to reach (5 mg / kg, compared to the 20 mg / kg established in Ireland ).
The Solomonic answer of the Ministry of Health confirms the criticality, assuming 'case by case' assessments (by which authority, according to what criteria?) which exposes sector operators to serious uncertainties about the legitimacy of individual products sold in Italy and its individual Regions. The national administration has indeed stated that 'mutual recognition is conditioned by the right of scrutiny that the Member State of destination can exercise on the equivalence between the degree of protection guaranteed by the product in question and that guaranteed by national rules'. (2)
THC thresholds in foods, Italy-Spain-Czechia compared
Spaincommented on the Italian regulation scheme, objecting to the reference to the ' hemp for food use'in a broad sense, instead of a'seeds and derivatives of hemp seeds'. As a further confirmation of the need to clarify once and for all, at European level, the legitimacy of use of every part of the plant - including the fibrous stems and inflorescences - in food production. Madrid then asked why the ISS risk assessment considered only the sum of delta 9 THC and precursors rather than just a fraction of THC, according to the approach adopted by Efsa. (3)
The Czech governmentaffirmed the need to harmonize the THC thresholds to be admitted in various foods at a European level. Based on a unique risk assessment, that the The European Commission should have already entrusted EFSA after having found the discrepancy in the assessments expressed so far in the various member countries. (4) But about hemp in Brussels there is a great smell of burning, like the writer denounced several times.
Czechia, in its reasoned opinion, also deduced the arbitrariness of the definition of 'hemp based products', in the Italian provision. And the Ministry of Health, to justify the shortcomings of the provision, offered an off topic response. Specifying that we refer to the 'varieties of hemp cultivable in the European Union, with a THC content not exceeding 0,2%'. But this is not the point. Instead, it is a question of explaining why Italy did not include in the list - as it should be- hemp inflorescences. (5)
Hemp and flowers, agricultural incomes in smoke
The MiPAAFThas at the time clarified, with circular 22.5.18,the methods of cultivation of Cannabis Sativa L. To facilitate the implementation of the Law 242 / 16, aimed at promoting and enhancing this crop in Italy. Disinformation and misunderstandings however, they have succeeded, until today, causing uncertainty about the opportunities to increase agricultural incomes thanks to a plant with high yields and low demands. Whose crops offer valuable raw materials for food and cosmetics, as well as co-products for green building and bioplastics.
At European levelthe possibility of using each part of the Cannabis Sativa L.in the production of foods and supplements, after harmonizing the thresholds and methods of calculating THC on the various products. Based on a risk assessment to be entrusted to Efsa ( European Food Safety Authority), taking into account the contributions linked to the methods of consumption of the various foods. (6)
The current stalemate, which the Ministry of Health has unfortunately not solved, exposes Italian farmers to serious and mocking injury:
- on the one hand, Italian operators who legitimately intend to do so are hindered pack for herbal tea useinflorescences from hemp varieties registered in the register of botanical species admitted in the Single European Catalog (selected for the reduced content of psychoactive substances),
- on the other hand, it is recognized that it is impossible to hinder the marketing in Italy of identical products made in any other country in the world.
Italian operators suffer from the hypocrisy of a policy that seems rather to respond to the conflicting interests of the 'Corporation'of other sectors. Big Tobacco, on the one hand, it wants to exclude the competition of industrial hemp with its own monopoly regime (although combustion represents an inappropriate form of use of inflorescences). Big Pharma, on the other hand, it wants to claim a monopoly on the use of any substance with high added value (eg CBD).
The health administrationit could well have solved the problems described above, but is clearly bound by team orders. And the agricultural confederations, instead of raising their voices to protect their associates, show 'rabbit heart'. As best suited to those who cherish their chair above all else.
Inflorescences, expected jurisprudence and controls to be recommended
The Court of Cassationrequested the intervention of the United Sections to resolve another matter which adds uncertainties to the already uncertain scenario described above. (7) The sale of hemp inflorescences has indeed been the subject of various convictions, confirmed by the Supreme Court in recent years. (8) But the same Court, in other cases, has instead admitted the sale of hemp flowers as having no psychotropic effects. Also taking into account the objectives of law 242/216, by which the legislator intended to establish an Italian hemp chain also for food use. (9) The ruling of the United Sections is expected on 30.5.19.
The questionwhich should be tackled seriously concerns rather the checks on the traceability of seeds used by farms that grow hemp, in Italy as in other EU countries. Where the higher yields of some cultivarthey can push dishonest operators to use seeds other than those registered in the list of permitted species, to obtain higher yields of the most valuable extracts (such as CBD). Practicing unfair competition against those who instead respect the rules.
Purchase certificatesseeds, especially imported seeds, should therefore be subjected to careful checks. Not only document checks but also field analyzes, to verify the genomic correspondence of the plants with that of the seeds subject to certification. An onerous but indispensable job, to guarantee food safety and fair trade practices and free competition. Facts, not small talk.
Dario Dongo
Footnotes
(1) TRIS notification / (2018) 02979, suspension period (cd stand still period) extended to 30.4.19/XNUMX/XNUMX http://ec.europa.eu/growth/tools-databases/tris/en/search/?trisaction=search.detail&year=2018&num=546
(2) The Commission then asked why the levels of THC considered in the Italian measure do not represent the sum of THC - A and THC - B, as is the practice of other Member States. The Ministry of Health has indicated that the mere consideration of THC - A represents a measure 'sufficiently precautionary ', as it covers up to 90% of total THC
(3) See EFSA (2015). 'Scientific Opinion on the risks for human health related to the presence of tetrahydrocannabinol (THC) in milk and other food of animal origin'. doi: 10.2903 / j.efsa.2015.4141
(4) It is essential to overcome theimpasseof the reference to a regulation 'of last century ', from a historical and conceptual point of view. The reg. CEE 315/93, 'establishing Community procedures relating to contaminants in food', leaving ample scope for competing national legislation (Article 5)
(5) See reg. EU 1307/13, art. 32.6. For the common catalog of varieties of agricultural plant species, see dir. 2002/53 / EC
(6) It is evident, for example, that the daily consumption of hemp seed oil cannot reasonably exceed a few tens of grams. Also taking into account its organoleptic properties which are not compatible with its exclusive use as a condiment for food. The flour, on the other hand, lends itself to a much higher contribution in pasta, baked goods, vegetarian and vegan foods.
(7) See Cass. Pen., Section IV, number 8654 year 2019
(8) In this sense, see for example Criminal Cassation, Section VI, sentence no. 52003/2018
(9) In this direction, see Criminal Cassation, Section VI, sentence no. 4920/2019
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
