RD 579/2017 provides a safety and transparency framework for non-tobacco based herbal products.
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Legal Definition
According to RD 579/2017, a herbal smoking product is any herbal, herbal or fruit-based product that does not contain tobacco and is consumed through a combustion process.
Application to Hemp Flowers
Industrial hemp flowers, being a part of a natural plant and not being narcotic drugs (if they comply with the limits of THC and the Kanavape doctrine), legally fit into this category.
Marketing Requirements
To market hemp flowers as smoking herbs, companies must strictly comply with:
Compliance with reporting and labeling requirements is essential for the professionalization of the industry.
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- Notification to the Ministry of Health: Submit a list of ingredients and emissions.
- Warning Labeling: Must include the official health warning: "Smoking this product is harmful to your health ".
- Health Benefits Prohibition: No curative or therapeutic properties can be attributed to the product.
- Protection of Minors: Comply with the same sales and advertising restrictions as tobacco.
Consumer Safety
This framework guarantees that the consumer knows exactly what they are buying, ensuring that the product has been notified and meets the emission safety standards required by Spanish law.
The AECANI Position
AECANI defends the use of RD 579/2017 as a legitimate and safe way to sell industrial hemp flowers. It is a way to professionalize the sector and provide transparency to authorities and consumers.
"RD 579/2017 provides a clear legal channel for hemp flowers to reach the market in a regulated and controlled manner.
📚 References
- Royal Decree 579/2017 - Regulating certain aspects related to the manufacture, presentation and sale of tobacco products and related products
- Directive 2014/40/EU - On the approximation of the laws of the Member States relating to tobacco products