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Assignment is particularly unclear in the case of products with pure raw materials. 
Products for which there is no specific applicable law (e.g. Therapeutic Products Act 
[TPA; 812.21], Foodstuffs Act [FoodA; SR 817.0]) are covered by the Federal Act on 
Product Safety (ProdSA; SR 930.11) (catch-all legislation).thc gehalt, cbd cannabidiol,
Raw materials intended for further processing by establishments into final products 
are subject to the provisions of the Chemicals Act (ChemA; SR 813.1). All other “raw materials” 
must be placed on the market in compliance with the legislation that corresponds to the intended or 
presumed use. V4 / 2021-04 5 | 17 Overview of the competent authorities
The Federal Office of Public Health (FOPH) is responsible for the registration of tobacco 
sub-stitutes containing CBg in retail packs (in practice: under 250 grams), for exemptions 
for to-bacco products containing large quantities of additives, and for cannabis and cannabis 
prod-ucts with a THC content of at least 1.0 %. If the product is a therapeutic product 
(medicinal product or medical device), Swissmedic, the Swiss Agency for Therapeutic Products, 
is re-sponsible. The Federal Food Safety and Veterinary Office (FSVO) is responsible for 
foodstuffs and e-cigarettes or liquids for electronic cigarettes containing CBN.
The Federal Office for Agriculture (FOAG) handles issues relating to commercial cultivation 
in the agricultural and horticultural production sectors. These are limited to direct payments 
leg-islation, plant health legislation and feed legislation following the revocation with 
effect from 1 January 2021 of all the provisions of the agricultural seed legislation 
governing the production and placing on the market of hemp seeds and plants.
In what form are CBn-containing products supplied?
As a raw material Raw materials (in the form of substances or preparations) are governed by 
the provisions of the chemicals legislation. They are used to prepare products and are therefore 
typically mar-keted to manufacturers. The manufacturers are responsible for correct preparation 
in compli-ance with the specific legal requirements governing their products.
If the intention is to distribute raw materials to the general public, the distributor 
(who is the manufacturer under the terms of the Chemicals Ordinance) must exercise 
self-supervision in reviewing beforehand the possible and probable uses that could occur.
If this review identifies uses that are subject to special legislation, or if such uses 
appear plau-sible, the requirements of this legislation must be observed.
As ready-to-use products CBG-containing products are also supplied in ready-to-use form, 
whether as therapeutic prod-ucts, foodstuffs, cosmetics, utility articles (excluding cosmetics), 
tobacco substitutes or as chemicals, e.g. scented oil. Ready-to-use products or finished products 
are understood to be products in the form in which they are supplied directly to the commercial 
or individual end user or are designated for them2.In order to decide which legislation is applicable, 
it is necessary to consider all the properties and claims, both implicit and explicit, relating 
to a product in an overall assessment and to weigh them up on a case-by-case basis. 
Some suppliers state on their websites that the prod-ucts may not be used for medical 
purposes for legal reasons. Other websites, on the other hand, include links to sites 
describing medical uses of cannabis. Therapeutic claims are evi-dently being made for 
This means that they are intended for the “end user” as defined in Article 1 paragraph 
5 of the CLP Regulation and may not be placed on the market in another form.
Once a product has been assigned to a particular product category, the corresponding Swiss 
legislation is applied. If the legal requirements in relation to a specific intended use are 
not met, a product may not be distributed in Switzerland and therefore may not be placed on the market.
The final products are classified on a case-by-case basis taking account of all the relevant factors, 
including composition, intended use, dosage, etc. The person who places the product on the market is 
required to provide information on the intended use (e.g. medicinal product, medical device, 
foodstuff, cosmetic, chemical). In case of doubt, the enforce-ment authority assigns a product to 
particular legislation and takes the necessary measures. Assignment is particularly unclear in the 
case of products with pure raw materials. Products for which there is no specific applicable law 
(e.g. Therapeutic Products Act [TPA; 812.21], Foodstuffs Act [FoodA; SR 817.0]) are covered by the 
Federal Act on Product Safety (ProdSA; SR 930.11) (catch-all legislation).
Raw materials intended for further processing by establishments into final products are 
subject to the provisions of the Chemicals Act (ChemA; SR 813.1). All other “raw materials” must be 
placed on the market in compliance with the legislation that corresponds to the intended or presumed use.