12 November 2017 will see the variation to Standard 1.4.4 – Prohibited and restricted plants and fungi to permit the sale of foods derived from the seeds of low THC varieties of C. sativa come into effect.
Maximum levels of THC content that may be present in low THC hemp seed foods have been specified.
Whole low THC hemp seeds are not permitted for retail sale as food, or an ingredient in a food for sale, unless they are hulled and non-viable. Foods or food ingredients derived from low THC hemp seeds will be subject to certain labelling and advertising restrictions. Only seeds from low THC varieties of C. sativa can be used as a source for food and only naturally occurring THC (and other cannabinoids) may be present in low THC hemp seed foods.
The amendments to standard 1.4.4 are as follows:
1.4.4 —6 Exception relating to Cannabis sativa seeds and seed products
1. Cannabis sativa seeds may be a food for sale or used as an ingredient in a food for sale if:
(a) the seeds:
(i) are seeds of low THC Cannabis sativa; and
(ii) contain not more than 5 mg/kg of total THC; and
(iii) if the food is for retail sale – are non- viable and hulled; and
(b) the only cannabinoids in or on the seeds are naturally present.
2. Subject to subsection (3), all or any of the following seed products may be a food for sale or used as an ingredient in a food for sale:
(a) oil extracted from seeds of low THC Cannabis sativa if the oil contains not more than 10 mg/kg of total THC;
(b) a beverage derived from seeds of low THC Cannabis sativa if the beverage contains not more than 0.2 mg/kg of total THC;
(c) any other substance that is extracted or derived from seeds of low THC Cannabis sativa and contains not more than 5 mg/kg of total THC. (from what I read this can be seed, protein, flour etc)
3. The only cannabinoids in the product must be those that were naturally present in or on the seeds from which the product was extracted or derived
4. In subsection (2): seeds of low THC Cannabis sativa, includes viable and unhulled seed
5. In this section:
- hulled seedsmeans seeds from which the outer coat or hull of seeds has been removed.
- low THC Cannabis sativa has the meaning given by subsection (6).
- non-viable seeds means seeds that arenot able to germinate.
- seeds includes a part of a seed.
- total THCmeans the total amount of delta 9-tetrahydrocannabinol and delta 9-tetrahydrocannabinolic acid.
6. Cannabis sativa is low THC Cannabis sativa if the leaves and flowering heads of the Cannabis sativa do not contain more than 1% delta 9-tetrahydrocannabinol
1.4.4—7 Restriction on claims and representations about foods that are or which contain hemp food products
(1) This section applies to a food for sale that consists of, or has as an ingredient, a hemp food product.
(2) The food for sale must not be labelled or otherwise presented for sale in a form, which expressly or by implication suggests that the product has a psychoactive effect.
(3) The label for the food for sale must not include:
(a) a nutrition content claim about cannabidiol; or
(b) a *health claim about cannabidiol; or
(c) an image or representation of any part of the Cannabis sativa plant (including the leaf of that plant) other than the seed; or
(d) the words ‘cannabis’, ‘marijuana’ or words of similar meaning.
(4) The label for the food for sale may include the word ‘hemp’.
(5) In this section:
Hemp food product means Cannabis sativa seeds and/or a seed product that are permitted by section 1.4.4—6 to be a food for sale or used as an ingredient in a food for sale.
Psychoactive effect means:
(a) stimulation or depression of a person’s central nervous system, resulting in hallucinations or in a significant disturbance in, or significant change to, motor function, thinking, behaviour, perception, awareness or mood; or
(b) causing a state of dependence, including physical or psychological addiction.
1.4.4—8 Level of cannabidiol in food for sale
Cannabidiol must not be present in any food for sale at a level greater than 75mg/kg.
Here is a link to Standard 1.4.4 Prohibited and restricted plants and fungi that will come into effect 12 November 2017