Hemp as a superfood: new products and an innovative industry facing regulatory challenges

Viviana Cervieri
Cervieri Monsuárez, Montevideo
vivianacervieri@cmlawyers.com.uy

Jesús Urbina
Cervieri Monsuárez, Montevideo
jurbina@cmlawyers.com.uy

Danilo Grigoli
Cervieri Monsuárez, Montevideo
regulatorio@cmlawyers.com.uy

Introduction

The integration of hemp-derived products into the food industry represents a significant innovation within Uruguay’s agri-food sector. As a pioneering country in cannabis regulation, Uruguay now faces a new challenge: developing a legal framework that adequately regulates hemp as a food ingredient, while fostering industry growth. In this context, the regulatory status of hemp-based food products is of crucial relevance, particularly considering the potential market opportunities and the challenges that food manufacturers must overcome to comply with current regulations.

Regulatory landscape and challenges

From a regulatory perspective, the legal landscape for hemp-based products in Uruguay is shaped by various legislative instruments, including the Regulation on Cannabis and Its Derivatives (Law No. 19,172)^[1] and the National Bromatological Regulation.^[2] According to these regulations, hemp is classified as a non-psychoactive variety of Cannabis sativa L., with tetrahydrocannabinol (THC) levels below one per cent. However, the use of hemp seeds and their derivatives in food products remains subject to additional regulatory oversight, mainly at the municipal level.

In this regard, one of the most notable regulatory advancements impacting the sector was the authorisation granted by the Department of Canelones within the Municipality of Canelones^[3] allowing the establishment of Uruguay’s first hemp-based food production facility. This regulatory milestone has set a precedent for other regions in the country; however, greater national-level clarity remains necessary to ensure legal certainty for investors and businesses operating in the sector.

Market potential and industry expansion

Hemp is globally recognised as a superfood due to its high protein content, as well as being high in essential fatty acids (omega-3 and omega-6), fibre, vitamins and minerals. In both Uruguay and the broader international market, the demand for plant-based and functional foods is steadily increasing, creating favourable conditions for the commercialisation of hemp protein, hemp seeds and hemp oil. Companies such as Goland^[4] are at the forefront of this market shift and, since its establishment in 2019, the company has significantly expanded its cultivation and processing operations, aligning with international standards to produce high-quality hemp ingredients. The company’s industrial plant in Canelones serves as a model for future operations, demonstrating the feasibility of integrating hemp into conventional food production. Nevertheless, industry stakeholders continue to face regulatory uncertainty that could hinder further expansion.

Towards comprehensive hemp regulation in the food industry

In this context, the primary challenge for hemp-based food companies lies in the absence of a comprehensive national regulation that specifically addresses hemp as a food ingredient. While international food safety standards, such as those established by the Codex Alimentarius,^[5] provide a framework for hemp seed consumption, Uruguay’s regulatory authorities have yet to implement harmonised guidelines to support commercial-scale production and distribution. Among the key regulatory obstacles, the lack of standardised maximum THC limits is particularly relevant. Although Uruguay permits the cultivation of hemp with THC levels below one per cent, there are no clear regulations regarding permissible THC residues in processed food products. Additionally, the absence of explicit food safety and labelling requirements creates uncertainty for companies seeking to comply with consumer protection regulations. Lastly, export restrictions represent an additional barrier, as Uruguay’s ability to position itself as a regional leader in hemp-based food exports depends on its regulatory alignment with international trade standards, including the necessary certifications to access markets such as the European Union and North America.

Conclusion

To facilitate the growth of the hemp-based food industry in Uruguay, while ensuring compliance with food safety and consumer protection regulations, several regulatory measures should be considered. First, the harmonisation of national regulations is essential, as it would enable the establishment of clear guidelines within the National Food Code that explicitly define hemp-derived food products, the allowable THC levels and the applicable safety standards. Furthermore, the implementation of a certification and compliance system would ensure that hemp-based food products meet both national and international safety requirements. Complementarily, fostering public–private collaboration would facilitate a dialogue among regulatory authorities, industry stakeholders and scientific entities to develop evidence-based policies that promote sector growth while maintaining public health safeguards. Finally, consumer education and transparency in regard to information provided about such products should be prioritised. It is advisable to mandate proper labelling of hemp-based food products to inform consumers about the nutritional benefits and potential allergenic risks.

In conclusion, the emergence of hemp as a functional food ingredient in Uruguay presents a unique opportunity for economic development, sustainable agriculture and innovation in the food industry. However, regulatory clarity and alignment with international food safety standards will be critical to the long-term viability of this sector. By proactively addressing the existing regulatory gaps, Uruguay can position itself as a global leader in the hemp-based food market, while ensuring consumer safety and industry compliance.