What is Novel Food?
Novel Food is a regulatory classification established by the European Union under Regulation (EU) 2015/2283. It applies to any food that was not consumed to a significant degree within the EU before May 15, 1997. Products classified as Novel Foods must undergo a safety assessment and receive authorization from the European Commission before they can legally be sold as food products.
Kratom falls under the Novel Food framework in several EU member states because it was not part of European diets before the 1997 cutoff date. In practice, this means kratom cannot be legally sold as a food product or dietary supplement in countries that enforce these regulations, unless it receives authorization, which it has not. Germany is a notable example, where the Federal Office of Consumer Protection and Food Safety (BVL) has classified kratom as a Novel Food, effectively preventing its legal sale as a consumable.
Unlike outright bans (as in Australia) or controlled substance scheduling, the Novel Food framework does not criminalize possession or use. It simply prevents commercial sale as food until the product has been evaluated and authorized. Some kratom advocates view this as a potential pathway to legal, regulated sales in Europe if a successful application were submitted.
That said, enforcement varies considerably across EU member states. The classification affects how vendors label and market their products within European markets, often requiring “botanical specimen” or “research” designations similar to Not for Human Consumption labeling in North America.
How It’s Used
The Novel Food classification comes up in discussions about kratom legality across Europe. Vendors shipping to EU countries must understand that selling kratom as a food product or supplement may violate these regulations, even in countries where kratom is not otherwise banned.
For consumers in EU countries, the Novel Food status explains why kratom is difficult to find in conventional retail channels and why vendors use alternative product descriptions to navigate the regulatory landscape.
Related Terms
See Also
- Kratom Legal Status, European Union
- Legal Status, International Regulatory Frameworks
