Review of Australian regulations regulating industrial hemp-based food and cosmetic products

May 9, 2023

Industrial hemp is a commercial crop cultivated for fiber and seed and is subject to regulation at both federal and state/territorial levels. It has no narcotic or psychoactive qualities and can be lawfully obtained, possessed, cultivated and supplied. Suppliers must hold an appropriate license to possess, cultivate and/or supply it. The Australia New Zealand Food Standards Code (ANZFS) regulates the manufacture and supply of foods and food products in Australia, authorizing the sale of industrial hemp-based food products made from hulled (non-viable) hemp seeds and food products derived from the seeds of industrial hemp plants. 

Manufacturers and distributors of cosmetics containing hemp must avoid making any therapeutic claims in the advertising or labelling of the product, as this may result in breaches of the Therapeutic Goods Act 1989. Manufacturers and distributors should also be aware of other requirements relating to advertising of cosmetics, such as the Australian Consumer Law and the Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991. The Mutual Recognition (MR) Act allows licensed entities to distribute industrial hemp products across Australia in accordance with the Mutual Recognition Principle.

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