G/SPS/N/AUS/544  
 
2 September 2022  
(22-6554) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION  
1. Notifying Member:  AUSTRALIA  
If applicable, name of local government involved:   
2. Agency responsible:  Food Standards Australia New Zealand (FSANZ)  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable):  Kava food products sold in Australia (both imported and domestically 
produced)  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners   
[ ] Specific regions or countries:   
5. Title of the notified document:  Final Consideration Report for Proposal P1057 – Review 
of the kava standard (urgent proposal) . Language(s):  English . Number of pages:  47 
Documents are available from the Food Standards Australia New Zealand website via:  
https://www.foodstandards.gov.au/code/proposals/Pages/Proposal -P1057 --Review -of-the-
kava-standard -.aspx  
6. Description of con tent:  To protect human safety and health Food Standards Australia 
New Zealand (FSANZ) has approved – as an interim emergency measure - an amendment 
to the Australia New Zealand Food Standards Code  in response to the Australian 
Government's decision to allo w the commercial importation of kava into Australia in 
December 2021.  
The decision followed concern the consumption of kava outside historically safe practices 
had potential to adversely impact health and well -being, especially for consumers not 
familiar w ith its occasional and ceremonial use.  
The interim amendments made to Standard 2.6.3 Kava in March 2022 limit preparation of 
kava beverages to historically safe (traditional) use by:  
− Prohibiting the use of food additives and processing aids  
− Requiring kava to be sourced from Noble varieties of the kava plant which have an 
established safety profile, consistent with the Codex Regional Standard for Kava.  
This interim measure came into force in March 2022.  
FSANZ will review this interim emergency  measure and decide within 12 months whether 
to affirm, amend or repeal the measure, taking into account comments by WTO members 
received as a result of this notification.  
All proposals to change the Australia New Zealand Food Standards Code must be assess ed 
in the context of the following objectives: (a) the protection of public health and safety; 
(b) the provision of adequate information relating to food to enable consumers to make 
informed choices; and (c) the prevention of misleading or deceptive conduc t. G/SPS/N/AUS/544  
 
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  7. Objective and rationale: [X]  food safety, [  ] animal health, [  ] plant protection, 
[ ] protect humans from animal/plant pest or disease, [  ] protect territory from 
other damage from pests.   
8. Is there a relevant international standard? If so, identify the standard:  
[X] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) : Codex Regional Standard for kava products for use as 
a beverage when mixed with water (CXS 336R -2020)  
[ ] World Organization for Anima l Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter number) :  
[ ] International Plant Protection Convention (e.g.  ISPM number) :  
[ ] None  
Does this proposed regulation conform to the relevant international standard?  
[X] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:   
9. Other relevant documents and language(s) in which these are available:  
Australia  New Zealand Food Standards Code  (available in English)  
10. Proposed date of adoption (dd/mm/yy) : 23 March 2022 . Note that FSANZ will review 
this interim emergency measure within 12 months.  
Proposed date of publication (dd/mm/yy) : 23 March 2022 . Notification of the final 
measure incorporating any changes resulting from the review will follow.  
11. Proposed date of entry into force: [  ] Six months from date of publication , and/or  
(dd/mm/yy) : 23 March 2022  
[X] Trade facilitating measure   
12. Final date for comments: [X]  Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 1 November 2022  
Agency or authority designated to handle comments: [  ] National Notification 
Authority, [  ] National Enquiry Point. Address, fax number and e -mail address (if 
available) of other body:   
Food Standards Australia New Zealand  
PO Box 5423  
KINGSTON ACT 2604  
Australia  
E-mail: standards.management@foodstandards.gov.au  
13. Text(s) available from: [X]  National Notification Authority, [X]  National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
Propo sal P1057 - Review of the kava standard (foodstandards.gov.au)  
 
Copies are also available from:  
The Australian SPS Contact Point  
GPO Box 858  
CANBERRA ACT 2601  
AUSTRALIA  
Email: sps.contact@agriculture.gov.au