Dutch Industrial Hemp
Under Dutch law, the cultivation of hemp fiber and seed is legal. Hemp used to be regulated by the Opium Act (the Act). However, the Act was amended in 1999 to legalize the cultivation of hemp for the extraction of fiber or the propagation of seed for production of fiber hemp. In Netherlands, it is legal to grow only hemp that has no more than 0.3% THC, as stated in the Common Agricultural Policy (CAP) that is effective in all European member states.
Cultivation of industrial hemp in the Netherlands does not require an authorization but farmers do need to be registered as an active farmer, grow hemp using only certified seeds and produce hemp only if they have a contract with a registered processor.
Dutch Hemp-derived CBD
The production of CBD is prohibited by Dutch law. However, it is possible to produce hemp in the Netherlands, process it into CBD abroad and then import it back into the Netherlands. Under the Dutch law, only CBD products with no more than 0.05% THC content can be sold.
CBD food products that contain more than 0.05% THC are classified as novel foods and require an authorization from the European Commission to be sold on the market.
The European Food Safety Authority (EFSA) has published guidelines on how to submit applications for novel foods.
Here are the main steps:
- Submit an online application to the European Commission.
- Once the application is received by the Commission, its validity is verified. The status of the application is updated in the e-submission system so the applicant can monitor the progress of their application.
- The EFSA will perform a scientific assessment on the risk and safety of CBD.
All the information required to be provided in the application for a novel food and the format in which it should be provided can be found in the administrative guidelines linked above.
However, as of October 2024, no CBD Novel Foods have been approved by the EU and in 2022, the EFSA put the process on hold.
Dutch Hemp Market
From 2011 to 2016, both the hectares dedicated to hemp cultivation and the harvested hectares of hemp in Netherlands increased steadily; achieving a 154% increase over the period of seven years. After a slight downward trend from 2017 to 2022, the area under cultivation rose from 1,684 hectares in 2022 to 1,976 hectares in 2023 and then surged to 3,440 hectares in 2024: a 74% increase.
In 2022, Netherlands was the third largest producer of hemp in the European Union, accounting for 5% of the total EU hemp production in that year.
In 2022, $8.81 million worth of hemp fiber was exported from the Netherlands. The main destination was Spain (21.6%), followed by Germany (21.2%) and Italy (12.2%).
Source: hempcbdbusinessplans.com
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