Businesses with cosmetic products, nutritional supplements and foodstuffs containing CBD in Slovakia
The Slovak parliament has finally approved removal of cannabidiol (CBD) from the list of narcotic and psychotropic substances with effect from 1 May 2021.
This is great news for producers, distributors, exporters or importers of CBD-containing products from/to Slovakia particularly in the cosmetics industry.
The sale of cosmetic products containing pure (synthetic) CBD and, more recently, CBD made from hemp plants (natural) is already allowed at EU level. The change, which will take place on 1 May 2021, is that the manufacturer, distributor, importer or exporter will no longer need a permit for handling psychotropic substances issued by the Slovak Ministry of Health.
CBD in cosmetics
Manufacturers of cosmetic products for profit that is also a responsible person under the Cosmetic Products Regulation must have a business licence, approved premises, professional and medical competence, good manufacturing practice (GMP) in place, a product information folder including a product safety report, and must notify the cosmetic product to the CPNP. However, in addition to compliance with EU regulation, compliance with Slovak consumer law must also be maintained.
Selling CBD products through an e-shop, for example, means having to carefully prepare the terms and conditions with emphasis on consumer protection, to set up advertising and marketing correctly, and to consistently avoid health claims when labelling products, as these are cosmetics, which by definition are not for internal use.
CBD as a food supplement or foodstuff
In recent years, there has been a boom in CBD-containing products and from 1 May 2021, the number of CBD e-shops in Slovakia are expected to grow like mushrooms after rain. If they are marketed as cosmetics, that will be fine. If they are sold as a food or dietary supplement, the establishment or e-shop concerned will face administrative sanctions. Despite the fact that CBD-containing food supplements are being merrily sold within the EU, CBD is still in the process of being approved as a new food. This means that CBD cannot (yet) be legally placed on the market in the Slovak Republic (as well as throughout the EU) as a food or food ingredient, including dietary supplements. Although there are still many CBD-containing products on the market, the European authorities have not authorised them. It is therefore the case that it will only be possible to legally place a CBD product on the market as a food or dietary supplement once it has been approved by the EU Commission, which is expected in early 2022.
Government Bill amending Act No. 139/1998 Coll. on Narcotic Drugs, Psychotropic Substances and Preparations, as amended, and amending Act No. 374/2018 Coll. amending Act No. 153/2013 Coll. on the National Health Information System and amending and supplementing certain Acts, as amended, and amending and supplementing certain Acts