Belgium keeps CBD foods blocked while cosmetics hinge on plant source

What changed in mid-2026

In May 2026, Belgium’s FPS Public Health published a clear consumer warning: CBD in foods, sweets, oils and drinks is not authorised as a novel food in the EU, and market presence does not mean the product is allowed or safe. The notice cites EFSA’s provisional safe intake of about 2 mg/day for a 70 kg adult and points to remaining data gaps, including reproductive toxicity concerns raised at ECHA level.

FAMHP still handles medicinal cannabis products. Non-medicine CBD items at or under 0.3% THC/THCA fall under FPS Public Health, Food Chain Safety and Environment. Crossing that THC line does not create a free retail lane for oils sold as foods.

For cosmetics, FAMHP guidance is source-driven. CBD extracted from flowering or fruiting tops, or from the whole plant, is prohibited under Cosmetic Products Regulation Annex II logic. CBD from stems and leaves without flower buds, or synthetic CBD, can be used if the finished product is safe. THC percentage alone does not decide cosmetic legality.

What it means for buyers

• Oils, gummies, drinks as food: Treat as non-authorised. Belgium’s May 2026 notice is explicit.
• Cosmetics: Check ingredient source (stem/leaf or synthetic vs flower/whole plant), not only the THC line on a COA.
• Smoking herbal products: A separate, tightly regulated lane can exist for low-THC flowers with notification, warnings and tax rules – not the same as food supplements.
• Medicines: Only authorised specialities (for example Epidyolex, Sativex) and pharmacy preparations under FAMHP.

Why Belgium confuses shoppers

Belgium is a category market. Foods stay blocked, some smoking products can be lawful under strict rules, and cosmetics depend on plant part. A German full-spectrum oil sold as a supplement does not become compliant just because it ships to Belgium.

Sources

• FPS Public Health (May 2026) – CBD in foods not authorised in the EU
• FAMHP – other cannabis-based products and cosmetics rules
• EFSA – provisional safe level for CBD as a novel food

Related guides

• Is CBD legal in Belgium? (2026 country guide)
• Is CBD legal in the Netherlands? (2026 country guide)
• Best CBD oils in Europe 2026 – lab-checked comparison

FAQ

Are CBD oils legal as food supplements in Belgium?

No. FPS Public Health states CBD foods and supplements are not authorised novel foods in the EU. Shelf or online presence is not approval.

When is CBD allowed in Belgian cosmetics?

When the CBD comes from stems/leaves without flower buds, or is synthetic, and the finished product is safe. Extracts from flowering tops or whole plant are prohibited.

Does 0.3% THC make a Belgian CBD oil legal?

No. That threshold mainly assigns non-medicine products to FPS Public Health. Food novel food rules still block ingestible CBD.