What is Kava?

Kava is an herbal beverage made from the roots of the Kava plant and is devoid of alcohol. It is primarily consumed in the South Pacific region for cultural and recreational purposes. It consists of the psychoactive ingredient kavalactones, which calms the mind and body when consumed.

Is it Legal to Consume Kava in Australia?

Yes, citizens are allowed to purchase, consume, and take Kava in Australia. The restrictions are on the import of Kava into Australia.

Benefits of Kava:

Research indicates that Kava may be beneficial for treating sleep disorders and anxiety, particularly in non-clinical populations and menopausal women. Its main active ingredient, kavalactones, mitigates stress and anxiety by blocking certain brain receptors while maintaining alertness and motor skills. However, long-term use of Kava can lead to a range of health problems, including malnutrition, weight loss, and apathy.

The Law on Kava in Australia:

The legislative framework regarding the utilization of Kava within Australia has evolved significantly over the last couple of years.

Pilot Program and Commercial Importation:

The Australian government initiated a pilot program in 2019, which relaxed the laws related to the import of Kava and its products in Australia. Stage two of this program was launched on December 1, 2021, and the results will be announced in 2024. The rationale behind this initiative was to embrace the importance of Kava as a health product and recognize the potential commercial opportunities for Kava as a food and therapeutic product. However, it is still illegal to import or sell Kava in the Northern Territory.

Regulatory Changes:

The Customs (Prohibited Imports) Amendment (Commercial Importation of Kava as Food) Regulation 2021 was introduced to amend the Customs (Prohibited Imports) Regulations 1956. This amendment allowed for the commercial importation of Kava into Australia under section 5F. This means that individuals and businesses can now import Kava in Australia subject to the laws and regulations under section 5F.

To import Kava, a permit is necessary. To apply for a permit, go to the Office of Drug Control Website. A complete guide is also available along with the application, or you can consult a criminal lawyer to assist you with the application.

The Laws under 5F Require the Following Conditions for the Import of Kava into Australia:

Permission:

State and Territory requirements and permissions to import, distribute, and sell Kava vary. The importer must seek permission from the secretary or the relevant authority, and a copy must be presented to the customs officer of the particular port.

Application for Permission:

The application must be made on the approved form and submitted to the authorized person. It should provide all the relevant information regarding business purposes, GST registration, ABN, source of Kava, and its intended use.

Import Method:

The import should not be via post.

Exemptions:

Certain drug importations may be exempted if they meet the requirements outlined in paragraph 5(2)(b) or sub-regulation 5(2A) or if the approval is in force under sub-regulation 5(3). These are specific to drug importations, and if you are considering importing Kava and think you are exempted from seeking a permit, consult a lawyer.

Regulation on Kava as a Food:

All food items imported into Australia are required to be safe and regulated by Australian food regulations. Kava imported into Australia must be of the Noble variety and can be dried or raw Kava root.

Acceptable forms include root chips, powder, whole roots, and beverages made using only cold water. It should not be dissolved in organic solvents. Currently, only powdered Kava and beverages made with Kava using cold water are accepted.

Kava formulation needs to be approved by the Department of Agriculture, Fisheries and Forestry. For commercial use, the quantity for which the application is to be made must be 20kg and above. Kava product labels must feature the following cautionary notes:

• Use in moderation
• May cause drowsiness

Regulation on Kava as a Therapeutic Good:

Kava, when meant for ingestion in forms such as tablets, capsules, or teabags, is considered a therapeutic product. Each unit of these therapeutic goods may contain up to 125 mg of kavalactone. This dosage is surpassed by that allowed in Kava root powder-based beverages.

The import of Kava requires both a license and a permit for each shipment, which is mandated by the Therapeutic Goods Administration (TGA).

TGA-approved Kava products must include certain warnings, particularly for pregnant women and individuals under the legal age.

Regulation on Kava for Individual Use:

After the ban was imposed on Kava imports in 2019, the amount individuals could bring was 2 kilograms. However, in 2019, this law was amended, and now individuals can bring up to 4 kilograms of Kava in their baggage. This is, however, not allowed for the Northern Territory, and you will need a permit to import Kava even in your baggage.

 

 

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Packaging and Biosecurity Standards for Kava as Food:

1. All Kava products under the category of food consumption must be packaged in clean and new containers.
2. The packaging should be free from biosecurity risk materials.
3. Kava must be clean of live insects and any biosecurity risk contaminants.

Regulations for Frozen Raw Kava Roots and Rhizomes:

1. Frozen raw Kava roots or rhizomes must undergo commercial preparation.
2. They should also be packed in clean and new containers.
3. These items should have been pre-washed.
4. They should have been consistently kept at a temperature of -18°C or colder for at least seven consecutive days before arrival.
5. These products may be randomly inspected to ensure they are adequately frozen.

Standards for Dried Kava Roots and Rhizomes:

Similar to frozen varieties, dried Kava roots or rhizomes must be processed commercially and packaged in uncontaminated and brand-new packaging. They must be free of live insects and any contaminants that pose a biosecurity risk.

Need Help?

Aussie Legal Partners is skilled in providing guidance to businesses and individuals in lawful Kava import and assists clients who failed to comply with the regulations. To understand the regulations in your state and territory and to comply with them, it’s best to reach out to expert criminal lawyers.

 

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FAQs

Is it legal to buy Kava in Australia?

You can purchase Kava products from various retailers, including supermarkets and health food stores. However, it’s important to note that specific regulations and controls may still apply, such as age restrictions and labeling requirements.

Is it legal to grow Kava in Australia?

There is no specific legislation in Australia prohibiting the cultivation of Kava plants for personal use. However, it’s essential to check with local regulations and state laws, as these can vary by region.

Is it legal to sell Kava in Australia?

Australia has relaxed its laws on Kava, allowing for its commercial importation and sale. This means that businesses can legally sell Kava products, such as Kava powder or Kava beverages. However, there are specific regulations in place. Please refer to the blog.

Is a permit required if the individual wants to import up to 4kg of Kava?

This depends on the state the person is currently residing in. In the Northern Territory, a permit is necessary. However, for other states, it is not required. However, it’s always best to check with local regulations and state laws.