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Commission act of 28 July 2026 — CELEX 32026R1828 — extends section 2.6 of Annex I to Regulation (EU) 2023/915 to hemp leaves and ready-to-drink infusions. Published in the OJ on 29 July 2026 (OJ L, 2026/1828); enters into force on the twentieth day after publication (around 18 August 2026). ML application: from 1 January 2027. Legal base: Council Regulation (EEC) No 315/93, Article 2(3). This is a contaminants act — not a novel-food authorisation, not a CBD status change, and not a health-claims measure.

Scope: maximum levels (MLs) in Reg. 2023/915, section 2.6 (plant toxins / Δ9-THC equivalents). Catalogue “not novel” ≠ exemption from MLs. ML ≠ CBD novel-food status. Member States may keep stricter placing-on-the-market rules.
Timeline: OJ 29.07.2026, entry into force ~18.08.2026, MLs from 1.01.2027, Art. 10(1)(t) transition
Fig. 1. From publication of Regulation (EU) 2026/1828 (29.07.2026) through entry into force (~18.08.2026) to ML application from 1.01.2027 with the Art. 10(1)(t) stock transition.

1. What does the act provide?

Commission Regulation (EU) 2026/1828 (OJ L, 2026/1828, 29.7.2026; ELI: http://data.europa.eu/eli/reg/2026/1828/oj; EUR-Lex: CELEX 32026R1828) amends Regulation (EU) 2023/915 in two places:

  • Article 1(1) — Article 10(1): introductory phrase for points (a) to (t) and new point (t): 1 January 2027 for the MLs for the sum of Δ9-THC and Δ9-THCA (as Δ9-THC equivalents) in points 2.6.4 and 2.6.5 of Annex I;
  • Article 1(2) / Annex — in Section 2 (plant toxins), subsection 2.6, points 2.6.4 and 2.6.5 are added.
Primary source: text verified against EUR-Lex (EN/PL/DE). Versions: PL, DE.

2. Unit and ML definition (section 2.6)

The level column in section 2.6 of Regulation (EU) 2023/915 is labelled Maximum level (mg/kg). The new figures 40 and 0.02 are therefore mg/kg — the same unit system as the existing hemp-seed entries (3.0), ground seed products (3.0) and hemp seed oil (7.5).

Section 2.6 note: the ML is the sum of Δ9-THC and Δ9-THCA as Δ9-THC equivalents; where determined separately, apply factor 0.877 to Δ9-THCA (sum = Δ9-THC + 0.877 × Δ9-THCA); lower-bound concentrations (values < LOQ = 0).

3. Point 2.6.4 — hemp leaves for water infusion

ML: 40 mg/kg. Labelling of the hemp leaves shall bear the following statements in the principal field of vision (authentic EN wording from the act):

  1. “Only to be used for water infusion (preparation of a herbal infusion).”
  2. “Shall not be consumed by infants and young children.”
  3. “No fatty ingredients, such as cream or milk, shall be added during steeping.”

Footnote (11) to Annex I of Reg. 2023/915: font size as specified in Article 13(2) of Regulation (EU) No 1169/2011 (standard x-height ≥ 1.2 mm; for very small packages — the 0.9 mm rule in Article 13(3) FIC).

Clause: without prejudice to more restrictive national rules in certain Member States on the placing on the market of hemp leaves.

Why the fat ban during steeping? Recital (7): Δ9-THC and Δ9-THCA are lipophilic; migration into the water infusion is limited, but increases significantly if a fatty ingredient (cream, milk) is added during steeping. The warning does not prohibit adding fat only after steeping — it requires that no fatty ingredient be added while the leaves are steeping.

4. Point 2.6.5 — ready-to-drink hemp leaves infusions

ML: 0.02 mg/kg. Includes ready-to-drink herbal infusions not exclusively based on hemp leaves. Also without prejudice to more restrictive national marketing rules.

Δ9-THC ML matrix: seeds, oil, leaves 40 mg/kg, RTD 0.02 mg/kg
Fig. 2. Matrix of Δ9-THC maximum levels (mg/kg) — existing points 2.6.1–2.6.3 and new 2.6.4 / 2.6.5 under Regulation (EU) 2026/1828.
PointCategoryML (mg/kg)Remarks
2.6.1Hemp seeds3.0Reg. 2023/915 (unchanged by 1828)
2.6.2Ground / (partially) defatted hemp seed products3.0Exclusively from hemp seeds
2.6.3Hemp seed oil7.5Existing limit
2.6.4Hemp leaves for water infusion403 statements + font size (11); national rules
2.6.5Ready-to-drink hemp leaves infusions0.02Also blends not exclusively hemp leaves

5. Dates and Article 10(1)(t) transition

  • Act date: 28 July 2026.
  • OJ publication: 29 July 2026.
  • Entry into force: 20th day after publication ≈ 18 August 2026 (Article 2).
  • ML application for points 2.6.4 and 2.6.5: from 1 January 2027.
  • Transition (t): food lawfully placed on the market before 1 January 2027 as regards those two points may remain until its date of minimum durability or use-by date.

6. Scientific recitals and “not novel”

  • EFSA CONTAM 2015: ARfD 1 μg Δ9-THC/kg bw (EFSA Journal 2015;13(6):4141).
  • Commission Recommendation (EU) 2016/2115 — monitoring of Δ9-THC and other cannabinoids in food.
  • EFSA 2020: acute exposure assessment (EFSA Journal 2020;18(1):5953; doi:10.2903/j.efsa.2020.5953) — ARfD exceeded in some estimates; current exposure considered a potential health concern.
  • Recital (6): according to the Novel Food status Catalogue, water infusion of hemp leaves (when not accompanied by flowering and fruiting tops), consumed as such or as herbal infusions, is not novel under Reg. 2015/2283 — which is why the Commission sets contaminant MLs.
Operational distinction: “not novel” (Catalogue) ≠ “free of MLs”. This act does not settle the status of CBD extracts, flowering tops or health claims. See also the CBD and hemp supplements compendium and the parallel contaminants act EU 2026/1825 (3-MCPD / glycidyl).

7. Checklist for FBOs and importers

  1. Map SKUs: leaves for infusion (2.6.4) vs RTD (2.6.5) vs seed products (2.6.1–2.6.3) — different limits and labelling duties.
  2. For 2.6.4: design the principal field of vision with the three statements and FIC Article 13(2) font size (footnote 11).
  3. Use instructions: water infusion only; fatty ingredients (milk, cream) — only after steeping, if at all; not for infants and young children.
  4. For RTD and blends: the 0.02 mg/kg ML also applies when hemp leaves are not the sole herbal ingredient.
  5. Check national law — the act expressly leaves stricter marketing rules open.
  6. Document the date of lawful placing on the market before 1 January 2027 (burden of proof on the FBO — Article 10(3) of Reg. 2023/915).
  7. Do not derive novel-food / CBD status or claims from a contaminant ML.

Glossary

ML
Maximum level in Regulation (EU) 2023/915.
Δ9-THC equivalents
Sum of Δ9-THC + 0.877 × Δ9-THCA (when determined separately); lower-bound concentrations.
Footnote (11)
Font size as in Article 13(2) of Reg. 1169/2011 (FIC).
RTD
Ready-to-drink hemp leaves infusion (point 2.6.5).

Conclusion

From 1 January 2027, Regulation (EU) 2026/1828 closes the contaminant gap for hemp-leaf infusions: 40 mg/kg for leaves sold for water infusion (with three principal-field statements) and 0.02 mg/kg for ready-to-drink infusions — including blends. Catalogue “not novel” status does not waive these limits; national law may be stricter; point (t) protects lawful stock until MDD.

Educational material, not legal or medical advice. Based on Regulation (EU) 2026/1828 (CELEX 32026R1828), Reg. 2023/915 and the cited EFSA CONTAM opinions; product qualification depends on composition, sales form and national law.

Primary sources

  1. Commission Regulation (EU) 2026/1828 — CELEX 32026R1828; ELI eli/reg/2026/1828/oj; OJ L, 2026/1828, 29.7.2026.
  2. Regulation (EU) 2023/915 — section 2.6 (unit mg/kg; footnote 11).
  3. Council Regulation (EEC) No 315/93 — Article 2(3) (legal base).
  4. Commission Recommendation (EU) 2016/2115 — monitoring of Δ9-THC in food.
  5. EFSA CONTAM 2015 — ARfD 1 μg/kg bw (EFSA Journal 2015;13(6):4141).
  6. EFSA 2020 — acute exposure to Δ9-THC (EFSA Journal 2020;18(1):5953).
  7. Novel Food status Catalogue — water infusion of hemp leaves (without flowering/fruiting tops).