Document ID: chunk:federal_register_of_legislation:F2022C00387:body:0:p1
Version: federal_register_of_legislation:F2022C00387
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Character Range: 0–2843

Standard 2.6.3 Kava

Note 1 This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3.

Note 2 The provisions of the Code that apply in New Zealand are incorporated in, or adopted under, the Food Act 2014 (NZ). See also section 1.1.1—3.

Note 3 Paragraphs 1.1.1—10(5)(e) and (6)(i) provide that a food for sale must not consist of, or have as an ingredient or a component, kava or any substance derived from kava, unless expressly permitted by this Code. This Standard contains the relevant permissions.

Note 4 In Australia, this Standard should be considered in conjunction with the Customs (Prohibited Imports) Regulations 1956 (Cth) 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.
2.6.3—1 Name
  This Standard is Australia New Zealand Food Standards Code – Standard 2.6.3 – Kava.
 Note Commencement:
This Standard commences on 1 March 2016, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act.
2.6.3—2 Definitions

Note In this Code (see section 1.1.2—3):
  kava means plants of the species Piper methysticum.
 kava root means the peeled root or peeled rootstock of a Noble variety of kava that is named in section 3.1 of the Regional Standard for Kava Products for use as a Beverage When Mixed with Water (CXS 336R-2020) as adopted by the 43rd Session of the joint Food and Agriculture Organization and World Health Organization Codex Alimentarius Commission (2020).
2.6.3—3 Exception to prohibition
  The prohibition relating to the use of kava and substances derived from kava in paragraph 1.1.1—10(5)(e) does not apply to a food that is:
 (a) a beverage obtained by the aqueous suspension of kava root using cold water only, and not using any organic solvent; or
 (b) dried or raw kava root.
2.6.3—4 Labelling of foods containing kava
  For the labelling provisions, the following *warning statements are required for a food referred to in paragraph 2.6.3—3(a) or 2.6.3—3(b):
 (a) 'Use in moderation'; and
 (b) 'May cause drowsiness'.
 Note The labelling provisions are set out in Standard 1.2.1. For the labelling requirement for unpackaged kava, see paragraph 1.2.1—9(3)(f)

           2.6.3—5 Prohibition on food additives and processing aids in kava

             A food referred to in paragraph 2.6.3—3(a) or 2.6.3—3(b) must not have as an ingredient or a component, any of the following:

               (a) a substance that was *used