Standard 2.6.3
Kava
Purpose
This Standard contains restrictions on the parts of the Piper methysticum (kava) plant which may be sold under food legislation, and provides requirements for labelling. The Standard also prohibits the use of kava as an ingredient in food.
In Australia, this Standard should be considered in conjunction with the Customs (Prohibited Imports) Regulations 1956 and certain State and Territory restrictions on the supply of kava which seek to minimise the detrimental effects associated with kava abuse. Where kava is permitted for supply, the requirements in this Standard complement those restrictions.
Table of Provisions
1 Interpretation
2 Prohibition
3 Labelling
1 Interpretation
In this Standard –
cold water extraction means the aqueous suspension of kava using cold water only and excludes the use of any organic solvent.
2 Prohibition
(1) Piper methysticum (kava) or any derived substance must not be sold unless it is –
(a) a beverage obtained by cold water extraction; or
(b) the dried or raw form
of the peeled root or peeled rootstock of plants of the species Piper methysticum.
(2) Kava must not be used as an ingredient in foods.
3 Labelling
(1) There shall be written in the label on or attached to a package containing kava, the following statements –
(a) ‘Use in moderation’; and
(b) ‘May cause drowsiness’.
(2) Where kava is other than in a package –
(a) the name and business address in Australia or New Zealand of the supplier of the food; and
(b) the statements under subclause 3(1);
must be displayed on or in connection with the display of the food.
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Overview
The Standard 2.6.3 Kava, enacted as part of the Australia New Zealand Food Standards Code, aims to address the concerns surrounding the sale and consumption of kava, specifically Piper methysticum, by imposing restrictions on its sale and use as an ingredient in food products. This Standard was developed to mitigate the adverse effects associated with the misuse of kava, aligning with broader federal and state/territory regulations. Enacted by the Australia New Zealand Food Authority under the Food Standards Australia New Zealand Act 1991, the policy objective is to ensure public safety by controlling the sale of kava and mandating specific labelling requirements to inform consumers about potential risks. This legislative instrument complements the Customs (Prohibited Imports) Regulations 1956 and other state and territory restrictions to create a cohesive regulatory environment aimed at minimising the harmful effects of kava abuse.
Scope and Application
This Standard applies to the sale and use of kava, specifically parts of the Piper methysticum plant, under Australian food legislation. It imposes restrictions on what forms of kava can be sold and mandates specific labelling requirements. The Standard is applicable to individuals and entities involved in the sale of kava, including producers, distributors, and retailers, ensuring compliance with national food standards. It also extends its reach to prohibit the use of kava as an ingredient in any food products. This legislative instrument complements the Customs (Prohibited Imports) Regulations 1956 and aligns with certain state and territory restrictions aimed at mitigating the adverse effects of kava misuse. The Standard specifically prohibits the sale of kava unless it is in the form of a beverage obtained through cold water extraction or as dried or raw peeled root or rootstock of the kava plant. Additionally, it mandates that labels on kava products include specific statements warning consumers about potential drowsiness and advising moderate use. These provisions collectively ensure that kava is handled and marketed responsibly, reducing the risk of harm associated with its consumption.
Key Provisions
The primary sections of this Standard are the prohibition (section 2) and labelling (section 3) provisions. Section 2 prohibits the sale of Piper methysticum, commonly known as kava, or any derived substance unless it is either a beverage obtained by cold water extraction or the dried or raw form of the peeled root or peeled rootstock of the plant. This section also prohibits the use of kava as an ingredient in any food. Section 3 outlines the labelling requirements for kava products. Specifically, it mandates that any package containing kava must bear the statement "Use in moderation" and "May cause drowsiness". For kava not sold in a package, the name and business address of the supplier, as well as the aforementioned statements, must be displayed prominently.
The Standard imposes several obligations on parties involved in the sale and supply of kava. Suppliers and sellers must ensure that any kava they offer for sale conforms to the restrictions outlined in section 2. This means that kava cannot be sold as an ingredient in food products and must only be available in the specified forms, either as a beverage obtained by cold water extraction or as the dried or raw form of the peeled root or rootstock. Furthermore, labelling requirements outlined in section 3 must be strictly adhered to, ensuring that all necessary information is clearly communicated to consumers.
Failure to comply with the provisions of this Standard can result in significant legal consequences. While specific offences and penalties are not detailed in the excerpt, it is implied that breaches of these restrictions and labelling requirements could lead to enforcement actions under the broader food legislation framework. In Australia, such breaches might also be subject to penalties under the Customs (Prohibited Imports) Regulations 1956 and additional state and territory regulations aimed at curbing the detrimental effects of kava abuse. The consequences for non-compliance could include fines, product recalls, and potential legal action against the offending parties.