Standards for Hemp Seed products as per FSSAI

24 Jan 2022 | Corpzo

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Standards for Hemp Seed products as per FSSAI

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Standards for Hemp Seed products as per FSSAI Standards for Hemp Seeds & Seed Products Based on FSSAI’s Food Products Standards and Food Additives (FSS) Regulations (Amendment 2021), specifically sub-regulation 2.16: “Hemp seeds and seed products. The Food Safety and Standards (Food Products Standards and Food Additives) Fifth Amendment Regulations, 2021, have recently issued a notification prescribing the standards for 'Hemp Seeds and Seed Products,' in which hemp seed, hemp seed oil, and hemp seed flour shall be sold as food or used as an ingredient in a food for sale, subject to conforming to the prescribed standards.

The Indian Food Authority defines hemp seed as hulled, non-viable seeds collected from Cannabis sativa or other indigenous Cannabis species. The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and rules made thereunder apply to the production of Cannabis species for hemp seeds in India, and hemp seed flour refers to the solid product after the seeds have been ground to a powder with or without oil extraction. The flour made after pressing hemp seeds to extract oil must be clearly labelled as 'De-oiled hemp seed flour.'

The mandated requirements stipulate that total THC concentration in beverages manufactured from hemp seeds must not exceed 0.2 mg/kg, and that total THC content in any other food for sale containing hemp seed or seed derivatives must not exceed 5 mg/kg. The combined amount of delta 9-tetrahydrocannabinol (THC) and delta 9-tetrahydrocannabinolic acid is known as total THC.

The notification further stipulates that the amount of cannabidiol (CBD) in any food for sale containing hemp seed or seed products must not exceed 75 mg/kg. Cannabis species contain cannabidiol, a nonpsychoactive component. Furthermore, food containing hemp seed or seed products must not be labelled or otherwise offered for sale in a way that suggests the product has a psychoactive effect, either explicitly or implicitly.

The regulations stipulate that the label for food containing hemp seed or seed products for sale must not contain: (a) a nutrient content claim about cannabidiol, (b) a health claim about cannabidiol, (c) an image or representation of any part of the Cannabis plant (including the leaf of that plant) other than the seed, or (d) the words 'cannabis," marijuana,' or words of similar meaning.

However, the word 'Hemp' may appear on the label of food containing hemp seed or seed products for sale. Furthermore, no one can manufacture, import, or sell any food product containing hemp seed or seed products designed for administration to infants under the age of 24 months, according to the legislation.

As per the FSSAI regulation following parameters should be followed while preparing a product from hemp.

2.16. Hemp seeds and seed products:

(1) Hemp seed refers to the hulled, non-viable seeds derived from Cannabis sativa/other indigenous Cannabis species for these regulations. The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and its provisions govern the growing of Cannabis species for the production of hemp seeds in India.

(2) Hemp seed, hemp seed oil, and hemp seed flour may be marketed as food or used as an ingredient in food if they meet the following requirements.

Hemp Seed:

Sl No.

Parameter

Requirement

1

Moisture, percent m/m, Max.

7.0

2

Protein (N x 6.25), percent m/m, Min.

30.0

3

Fat, per cent m/m, Min.

45.0

4

Ash, per cent m/m, Max.

6.0

5

Total THC4, mg/kg, Max.

5.0

 

Oil extracted from hemp seeds

S. No.

Parameter

Requirement

1

Free fatty acid (expressed as Oleic Acid), per cent m/m, Max.

0.5

2

Peroxide value, mEq/kg, Max

10.0

3

Total THC4, mg/kg, Max

10.0

 

Hemp seed flour is a solid product made from hemp seeds that have been processed into a powder with or without oil extraction. 'Deoiled hemp seed flour' shall be clearly labelled flour manufactured after hemp seed has been pressed to extract oil.

Sl No

Parameter

Requirements

1

Total THC, mg/kg, Max

5.0

 

(iv) The total THC shall not exceed 0.2 mg/kg in any beverages made from hemp seeds.

(v) Any other food for sale that consists of hemp seed or seed products shall not exceed a Total THC content of 5 mg/kg.

(3) The level of cannabidiol (CBD) in any food for sale consisting of hemp seed or seed products shall not exceed 75 mg/kg.

(4) Cannabinoids 6 in any food for sale consisting of hemp seed or seed products shall only be present naturally in or on the seeds.

(5) The food for sale that consists of hemp seed or seed products shall not be labelled or otherwise presented for sale in a form which expressly or by implication suggests that the product has a psychoactive effect.

(6) The label for the food containing hemp seed or seed products for sale shall not include:

  1. a nutrient content claim about cannabidiol; or
  2. a health claim about cannabidiol; or
  3. an image or representation of any part of the Cannabis plant (including the leaf of that plant) other than the seed; or
  4. the words ‘cannabis’, ‘marijuana’, or words of similar meaning.

(7) The label for the food containing hemp seed or seed products for sale may include the word ‘Hemp’.

(8) No person shall manufacture, import, or sell any food product containing hemp seed or seed products intended for administration to an infant up to the age of 24 months.  FSSAI’s standards establish clear safety, composition, THC/CBD limits, and strict labeling rules to ensure hemp seed products are safe, non-psychoactive, and properly represented. Compliance with the NDPS Act, accurate labeling, and FSSAI licensure are mandatory. Manufacturers and sellers must adhere to these guidelines for legal and market acceptance.

FAQ CorpZO

Q1. Are hemp seed products legal in India under FSSAI?

Answer: Yes, hemp seed and hemp seed oil are permitted under FSSAI regulations, provided they comply with prescribed THC limits and food safety standards.

Q2. What is the allowed THC limit for hemp seed products in India?

Answer: FSSAI allows hemp seed products with a THC content not exceeding 0.3%, subject to laboratory testing and certification.

Q3. Do hemp seed food products require FSSAI registration or a license?

Answer: Yes, all food businesses manufacturing, selling, or importing hemp seed products must obtain a valid FSSAI registration or license.

Q4. Is hemp seed oil approved for human consumption in India?

Answer: Yes, hemp seed oil is approved for consumption if it meets FSSAI’s safety, labeling, and compositional requirements.

Q5. What documents are required for FSSAI approval of hemp seed products?

Answer: Required documents typically include product formulation details, laboratory test reports, raw material source information, labeling artwork, and completed FSSAI application forms.

Q6. Does FSSAI allow CBD in hemp seed food products?

Answer: No, CBD is not permitted in food products in India. Only naturally occurring trace amounts of THC within the allowed limit are acceptable.

Q7. What labeling requirements apply to hemp seed products under FSSAI?

Answer: Labels must comply with FSSAI regulations, including ingredient listing, nutritional information, mandatory declarations, and avoidance of medicinal or therapeutic claims.

Q8. Can startups sell hemp-based food products in India?

Answer: Yes, startups can legally sell hemp seed products after obtaining FSSAI approval and ensuring full regulatory compliance.

Q9. How does Corpzo help with FSSAI compliance for hemp products?

Answer: Corpzo offers end-to-end support, including regulatory consultation, documentation preparation, FSSAI application filing, and compliance management.

Q10. How long does FSSAI approval for hemp seed products take?

Answer: Approval timelines vary depending on documentation and review requirements, but Corpzo helps streamline and expedite the process efficiently.

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