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On October 17, 2019, the amended Cannabis Regulations came into force permitting the legal production and sale of edible cannabis, cannabis extracts, and cannabis topicals in accordance with the requirements set forth under the Cannabis Act (CA) and its regulations. From this day forward, licenced processors would be able to manufacture new classes of cannabis products that could be purchased by consumers through various legal outlets depending on where they reside in Canada.

Edibles Things to Consider from a Food Safety Perspective

By Michael Ciardullo, Regulatory Affairs & Quality Manager - Cannabis Licensing Lead, dicentra Cannabis Consulting

In addition to the new classes of cannabis products that could be legally produced and sold under the amended regulations, there came new regulatory and quality requirements that holders of a processing licence must adhere to. Depending on the new class(es) of product(s) they intend to manufacture, licence holders, are also required to demonstrate compliance with respect to regulatory requirements specific to those classes in particular. Using edibles as an example, licence holders would need to ensure that edible cannabis products do not contain any ingredients other than food and food additives (s. 102(1), Cannabis Regulations (CR)). This article will focus specifically on the new requirements applicable to licence applicants and holders who wish to produce edible cannabis products. Before going into detail regarding these new requirements, it is important to note that although edible cannabis products can be ingested by a consumer and contain ingredients that are food and food additives, the Food and Drugs Act and its regulations do not apply to edible cannabis. There are specific situations where cannabis and activities with cannabis are subject to the Food and Drugs Act in addition to the Cannabis Act, and that is when the cannabis is represented with a therapeutic claim. It is also important to note that the Safe Food for Canadians Act (SFCA) and its regulations also do not apply to edibles cannabis. However, certain elements of the new requirements pertaining to edible cannabis in the Cannabis Regulations were adapted from this framework. As mentioned above, in regard to the production of edible cannabis, there are a number of new requirements that licence applicants and holders must comply with should they wish to produce edible cannabis products. Information regarding some, not all, of the new requirements, has been provided below. Please note that some requirements mentioned below are also applicable to other classes of cannabis products however for the purposes of this article we will be focusing specifically on edible cannabis.

Requirements for the Production of Edible Cannabis Staffing: If you are looking to produce cannabis edibles, having the right personnel on staff is an important consideration that needs to be made. A licence holder must ensure that any individual who conducts activities in relation to edibles cannabis 22

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