Kratom and Novel Food: What the EU Regulation Means for Buyers and Sellers
Anyone looking into the legal situation surrounding kratom in Germany and the EU will inevitably encounter one term: Novel Food. It explains why kratom products may not be sold as food or food supplements – and why reputable vendors use the notice "not intended for human consumption".
What Is Novel Food?
"Novel Food" refers to novel foods. EU Regulation (EU) 2015/2283 defines novel food as food that was not consumed to a significant degree in the EU before 15 May 1997.
The principle: anyone wishing to bring a food to the EU market that was not common in Europe before 1997 must first undergo a safety assessment by EFSA (European Food Safety Authority) and then obtain authorisation from the European Commission.
The regulation ensures that unknown products are checked for safety before they are marketed widely.
Why Does Kratom Fall Under Novel Food?
Mitragyna speciosa and its leaves were not consumed as food in the EU before 1997 – at least not to any significant extent. The traditional practice of chewing kratom in Southeast Asia does not count as an "EU consumption history" within the meaning of the regulation.
This makes kratom, in legal terms, a novel food for which no Novel Food authorisation exists. Without this authorisation, kratom may not be placed on the EU market as a food, food supplement or food ingredient.
This is the reason why kratom products carry the notice "not intended for human consumption". It is not a protective formula – it is the correct legal positioning of the product.
Kratom Is Still Legal – How Does That Work?
Novel Food regulates the sale as food. It says nothing about whether a plant or extract is generally prohibited or dangerous.
Kratom is not listed under Germany's Narcotics Act (BtMG) – possession, acquisition and sale are legal. The Novel Food Regulation merely restricts the way it may be marketed: kratom may not be advertised and sold as a food or supplement for human consumption.
Sold as a botanical product, not intended for consumption – for scientific, decorative or other purposes – kratom is permissible in Germany.
What Does This Mean in Practice for Buyers?
- The purchase is legal. Acquiring kratom products as botanical goods is not a criminal offence in Germany – provided the product is correctly labelled.
- Health claims are not permitted. Sellers may not make any statements about health effects – neither on packaging nor in advertising. This is also addressed by Germany's Heilmittelwerbegesetz (HWG).
- Responsibility lies with the buyer. Since kratom is not authorised as a food, responsibility for personal use rests entirely with the buyer.
- Quality is not officially regulated. Reputable vendors such as Kratoein compensate for this through voluntary laboratory analyses and transparent COA publication.
Kratom and Novel Food in Other EU Countries
| Country / Region | Status |
|---|---|
| Denmark, Latvia, Lithuania, Poland | Listed in national narcotics laws → banned |
| Germany, Austria, Netherlands, Belgium, Czech Republic | Legal, but subject to Novel Food restriction |
| Sweden | Classified as health risk, de facto excluded from market |
| All other EU countries | Buyers responsible for checking local rules before ordering |
What Would Be Required for a Novel Food Authorisation?
- A complete application to EFSA with scientific safety data
- A risk assessment by EFSA experts (typically 1.5–2 years)
- A decision by the European Commission
- Entry into the EU Novel Food Catalogue
This process is complex and cost-intensive – and has not yet been successfully completed for kratom by any company. For comparison: CBD has begun the same path but is also still dealing with open authorisation questions.
Conclusion
The Novel Food Regulation (EU) 2015/2283 is the central regulatory framework that determines how kratom may be sold in the EU. Kratom is not a food in the European legal sense – and without a Novel Food authorisation, it may not be marketed as one. This explains the notice "not intended for consumption" on all reputable kratom products. Purchase and possession are legal in Germany – but responsibility for personal use rests entirely with the buyer.
Legal Notice: This article is for informational purposes only and does not constitute legal advice. The content is not intended to encourage consumption. Laws may change; the applicable regulations and information from official authorities shall prevail. Image source: https://www.kratoein.com/