Zum Verzehr ungeeignete Botanicals wie Cannabis und Kurkuma in Lebensmitteln – Anwendung des § 12 LFGB in Abgrenzung von Artikel 14 der Basis-Verordnung

Abstract

The assessment of foods containing botanicals above toxicological thresholds poses challenges, as administrative court decisions have set high barriers for the application of Art. 14 para. 2a or 2b of the General Food Law Regulation (EC) No 178/2002. If the application of Art. 14 para. 2b of the General Regulation is restricted by a narrow interpretation of para. 5 to contamination, putrefaction, spoilage or decomposition, a regulatory loophole emerges. The examples of tetrahydrocannabinol in hemp products with cannabidiol and curcumin in food supplements with turmeric illustrate the challenge of food regulatory evaluation, as there is no contamination by definition in the products mentioned. In such cases, where Art. 14 of the General Regulation cannot be applied, an assessment as unfit for consumption according to § 12 food and feed law (LFGB) has to be considered. The legal basis transferred to German national § 12 LFGB was historically used for the assessment of so-called disgust cases. However, § 12 LFGB is not explicitly limited to these, but is openly formulated for cases that are not subject to Art. 14 of the General Regulation. Accordingly, in the opinion of the authors, a food regulatory assessment of products containing botanicals that exceed toxicological threshold values is possible under § 12 LFGB.