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Guidelines for Regulation and Registration of Imported CBD Products in Benin.
The official guidelines from the Agence Béninoise de Régulation et d'Enregistrement des Produits (ABREP) concerning Cannabidiol (CBD) products are governed by the general regulatory framework for health and consumer goods, as there is no single, dedicated law for CBD.
ABREP is the national regulatory body responsible for regulating and registering a wide range of products, including food, drugs, food supplements, herbal medicines, and cosmetics. CBD products must be registered and will be categorized based on their intended use and composition.
1. Legal Status and Classification of CBD
The legal status of CBD in Benin is complex and often falls under the national regulations concerning narcotics and other controlled substances.
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Cannabis is Illegal: The cultivation, sale, and possession of cannabis (marijuana) for both recreational and medicinal purposes are generally illegal in Benin.
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CBD Regulation via Product Type: ABREP does not typically regulate CBD as a separate substance. Instead, a CBD product (e.g., oil, gummy, cream) is classified and regulated based on what it is marketed as:
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If marketed with therapeutic or medicinal claims, it is treated as a Pharmaceutical Drug (Médicament).
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If marketed as a daily item, it may be classified as a Food Supplement (Complément Nutritionnel), Cosmetic, or Herbal Medicine (Médicament à base de plante).
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Narcotics/Controlled Status: The legality of a specific CBD product, particularly for import, likely depends on its Tetrahydrocannabinol (THC) content, given the general prohibition of cannabis. While ABREP has a category for Narcotics/Tobacco Products that might apply to certain cannabis-derived items, low-THC hemp-derived CBD products are typically routed through the Food or Drug registration process.
2. Mandatory Product Registration Process
No CBD product can be manufactured, imported, advertised, sold, or distributed in Benin unless it has been registered with ABREP. The process follows the standard guidelines for imported health and consumer products:
Key Requirements for Importers/Manufacturers:
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Legal Representation: The foreign manufacturer or exporter must be represented in Benin by a duly registered legal company (ABREP accredited legal agent).
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Power of Attorney (POA): A notarized POA from the manufacturer to the local agent, valid for at least one (1) year, authorizing them to register the product with ABREP.
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Certificate of Free Sale (CFS): A certificate issued by the relevant Health/Regulatory body in the country of manufacture confirming the product is legally sold there and does not violate that country's laws.
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Certificate of Quality and Safety: A Comprehensive Certificate of Analysis (COA) of the product batch, detailing its composition, including the exact amount of CBD and THC content, from a recognized laboratory.
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Contract Manufacturing Agreement: If the applicant owns the brand name but contracts the manufacturing, a legalized manufacturing agreement is required. If the applicant owns the brand name but contracts the manufacturing, a legalized manufacturing agreement is required.
3. Labeling and Composition Guidelines
The product labeling must be informative, accurate, and in conformity with ABREP regulations for its specific product class (Cosmetic, Food Supplement, etc.).
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Composition: All ingredients must be clearly listed. For a CBD product, the concentration of CBD (in mg or percentage) and, critically, the THC concentration must be declared on the label and in the COA.
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Prohibited Claims: Therapeutic or medical claims (e.g., "cures epilepsy," "treats pain") are strictly prohibited unless the product has gone through the rigorous registration process to be approved as a Pharmaceutical Drug (Medicine). If a product label makes such claims, it must comply with drug guidelines.
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Mandatory Label Elements: Name/address of manufacturer, ingredients, batch number, date of manufacture, date of expiry, and storage instructions.
All correspondences should be addressed to:-
Director-General (ABREP),
Attn: The Director
Agence Béninoise de Régulation et
d'Enregistrement des Produits (ABREP)
Ministere de la Sante,
Cotonou, Republique du Benin.
Email: info@santegouvbj.com
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