 |
An Update on Herbal Legislation |
There has been a great deal of depressing whisperings about the state of our 'over- the- counter' herbal medicines. I would like to write and tell you about this from two perspectives - one as a Consultant to a mail order company committed to bring safe over-the-counter herbs to the public; and as a member of the Department of Health Herbal Medicine Regulatory working group (DoH H.M.R.W.). This is a group set up to debate and work with several bodies concerned with a range of issues from the training of professional herbalists, to over- the- counter herb availability within European legislation. The main concern to the public at present is the European 'Traditional Product Directive' or 'Traditional Herbal Medicines Directive'. The idea of the directive is to be able to have products on the shelves and by mail order that have labels telling people what they can do and how they work. At present it is unlawful to do so, except in rather neutral language that is somewhat woolly. Additionally herbs at present are classified as 'foods', which really is not the case; many herbal practitioners feel they should be called Herbal Medicines and be legislated as such. The proposed legislation also aims at peering at quality control and good sound manufacturing practises. This is to rid the market of herbs contaminated with antibiotics, steroids, mercury, arsenic and much more; some herbs are not even what they claim to be. Another worry is that many herbs are irradiated in order to meet quality requirements by a short and dangerous route. Some herbs are of a grade or quality so minimal that they can only really be called sweepings of the floor masquerading as a herb; there may be little or even no active ingredients present. The MCA (The [British] Medicines Control Agency) are keen to support traditional (often ethnic) medicines which is refreshing, because in some parts of Europe those in a similar position are not nearly as interested or helpful. The downsides to this all are? 1. Herbs need to prove what has been termed the 30 year rule; (30 years of use). In fact this 30 years use is then split up into whether a herb comes from within or outside the European Union. If it does not come from within Europe then it must be able to prove not only 15 years of use outside the E.U safely, but also within it. The MCA in Britain however are saying something slightly different which is helpful. They are suggesting that if a herbal practitioner has used a herb for 15 years then it will automatically be available for over the counter use. However the use of formula may well fall into the 30 years idea, we have yet to see. This could prove very difficult and potentially fossilize and threaten many herbal medicines currently sold over-the-counter. 2. Small businesses could run into problems having to cope with some of the regulations concerning quality control due to lack of funding. These small and vital companies may be selling excellent quality herbs e.g. organic, tested etc but fall short on other aspects; will there be help and assistance available they ask? The questions and worries over this directive will rumble on but there is much good in it and much to be watched and worried over at the same time. We must keep our herbal medicine heritage not just for today or tomorrow but way, way into the future.
For now, enjoy the herbs! Jill R. Davies- Consultant Senior Herbalist to Herbs Hands Healing Ltd & Herbal Practitioner. |
