Application of the precautionary principle under article 7 of Regulation (EC) No 178/2002: general principles and evaluation of cannabidiol in food

The precautionary principle is deeply rooted in the case law and legislation of the European Union (EU). In food law, the precautionary principle was introduced by Article 7 of the Basic Food Regulation (EC) No. 178/2002 (Basic Regulation). Nevertheless, the precautionary principle does not receive the attention it deserves in food control practice and national jurisprudence. In addition to the historical development and its application in national and EU case law, the possibilities and limitations of the application of the precautionary principle according to Art. 7 of the Basic Regulation are examined in this article using the example of products containing cannabidiol (CBD). The authors conclude that authorities may take priority protective measures beyond those required by the Novel Food Regulation, based on the precautionary principle.