{"id":"F2015L00466","name":"Australia New Zealand Food Standards Code – Standard 2.6.3 – Kava","slug":"f2015l00466","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315822,"registerId":"commonwealth-F2015L00466-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australia New Zealand Food Standards Code – Standard 2.6.3 – Kava","content":"Standard 2.6.3 Kava\n\nNote 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.\n\nNote 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.\n\nNote 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.\n\nNote 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.\n\n2.6.3—1 Name\n\nThis Standard is Australia New Zealand Food Standards Code – Standard 2.6.3 – Kava.\n\nNote Commencement:  \nThis 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.\n\n2.6.3—2 Definitions\n\nNote In this Code (see section 1.1.2—3):\n\nkava means plants of the species Piper methysticum.\n\nkava 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).\n\n2.6.3—3 Exception to prohibition\n\nThe 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:\n\n(a) a beverage obtained by the aqueous suspension of kava root using cold water only, and not using any organic solvent; or\n\n(b) dried or raw kava root.\n\n2.6.3—4 Labelling of foods containing kava\n\nFor 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):\n\n(a) ‘Use in moderation’; and\n\n(b) ‘May cause drowsiness’.\n\nNote 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)\n\n2.6.3—5 Prohibition on food additives and processing aids in kava\n\nA 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:\n\n(a) a substance that was \\*used as a food additive;\n\n(b) a substance that was \\*used as a processing aid.\n\n  \n\nAmendment History\n\nThe Amendment History provides information about each amendment to the Standard. The information includes commencement or cessation information for relevant amendments.\n\nThese amendments are made under section 92 of the Food Standards Australia New Zealand Act 1991 unless otherwise indicated. Amendments do not have a specific date for cessation unless indicated as such.\n\nAbout this compilation\n\nThis is compilation No. 3 of Standard 2.6.3 as in force on 23 March 2022 (up to Amendment No. 206). It includes any commenced amendment affecting the compilation to that date.\n\nPrepared by Food Standards Australia New Zealand on 23 March 2022.\n\nUncommenced amendments or provisions ceasing to have effect\n\nTo assist stakeholders, the effect of any uncommenced amendments or provisions which will cease to have effect, may be reflected in the Standard as shaded boxed text with the relevant commencement or cessation date. These amendments will be reflected in a compilation registered on the Federal Register of Legislation including or omitting those amendments and provided in the Amendment History once the date is passed.\n\nThe following abbreviations may be used in the table below:\n\nad = added or inserted am = amended\n\nexp = expired or ceased to have effect rep = repealed\n\nrs = repealed and substituted\n\nStandard 2.6.3 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00466 –- 1 April 2015) and has since been amended as follows:\n\n| Section affected | A’ment No. | FRL registrationGazette                                                                 | Commencement(Cessation) | How affected | Description of amendment                                  |\n| ---------------- | ---------- | --------------------------------------------------------------------------------------- | ----------------------- | ------------ | --------------------------------------------------------- |\n| Note 3 to Std    | 168        | F2017L0041411 April 2017FSC11013 April 2017                                             | 13 April 2017           | am           | Cross-reference.                                          |\n| 2.6.3— 3         | 168        | F2017L0041411 April 2017FSC11013 April 2017                                             | 13 April 2017           | am           | Cross-reference.                                          |\n| 1.2.8—1          | 200        | F2021L006842 June 2021FSC1413 June 2021                                                 | 3 June 2021             | am           | Cross-reference.                                          |\n| 2.6.3—2          | 206        | F2022L0030811 Mar 2022FSANZ Notification Circular 195-22 (Urgent Proposal)23 March 2022 | 23 March 2022           | rs           | Omit and substitute definition.                           |\n| 2.6.3—5          | 206        | F2022L0030811 Mar 2022FSANZ Notification Circular 195-22 (Urgent Proposal)23 March 2022 | 23 March 2022           | ad           | Prohibition on food additives and processing aids in kava |\n|                  |            |                                                                                         |                         |              |                                                           |","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Standard’s scope was modified by later amendments. Amendment No. 206 (commencing 23 March 2022) substituted the definition of 'kava root' to align with Noble varieties named in the Codex regional standard and added a prohibition on food additives and processing aids in permitted kava foods (2.6.3—2; 2.6.3—5). Earlier amendments adjusted cross‑references (Amendment Nos. 168, 200)."},"complexity_factors":["Short, narrowly focused instrument (few provisions) which lowers complexity.","Cross‑references to other instruments: general Code prohibition (1.1.1—10), labelling rules (Standard 1.2.1), Customs (Prohibited Imports) Regulations and State/Territory restrictions (Note 4) — adds compliance mapping.","Definition of 'kava root' ties to an external Codex regional standard (CXS 336R-2020) — requires users to consult another international document (2.6.3—2).","Explicit ban on any food additives and processing aids for permitted kava foods (2.6.3—5) creates a strict compositional constraint for processors.","Labelling mandated for unpackaged and packaged forms (2.6.3—4 and note) imposes operational steps for suppliers and retailers.","Recent amendments replaced the definition and added the additives/processing aids prohibition (Amendment No. 206) — stakeholders must track amendment history to know current scope."],"plain_english_summary":"This Standard permits only two kinds of kava food: cold‑water beverages made from specified Noble kava root (no organic solvents), and dried or raw kava root; it requires the labels “Use in moderation” and “May cause drowsiness”.\n\nIt also bans any food additives or processing aids in those kava foods. It affects growers, importers, processors and retailers who must source approved varieties, avoid prohibited processing, and comply with cross‑referenced customs and State/Territory restrictions."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Standard remains tightly focused on its original purpose: creating a narrow exception to the kava prohibition for traditional-style products. The 2022 amendment (No. 206) added a prohibition on additives/processing aids and refined the definition of 'kava root', but these changes reinforce the original restrictive intent rather than expanding the scope. The Standard has not grown beyond its initial remit of permitting limited kava sales under strict conditions."},"complexity_factors":["Heavy cross-referencing to other Standards (1.1.1—10, 1.2.1, 1.2.8—1) and external legislation (Customs Regulations, State/Territory laws, NZ Food Act 2014)","Incorporation by reference of international standard (Codex Alimentarius CXS 336R-2020) for defining 'kava root'","Nested conditional logic: permission depends on exception to prohibition, which depends on specific preparation methods and botanical definitions","Dual jurisdiction application (Australia and New Zealand) with different legislative frameworks","Technical terminology requiring scientific/botanical knowledge ('Piper methysticum', 'Noble variety', 'aqueous suspension', 'organic solvent')"],"plain_english_summary":"This Standard creates a narrow exception to Australia’s ban on selling kava, allowing only dried/raw peeled root from “Noble” varieties to be sold as food under strict conditions: cold‑water preparation only, no additives or other ingredients, and labels warning “Use in moderation” and “May cause drowsiness.” It affects importers, retailers, consumers, and regulators, aiming to balance cultural access for Pacific communities with protections for public health and safety."}},"importantCases":[],"_links":{"self":"/api/acts/f2015l00466","history":"/api/acts/f2015l00466/history","analysis":"/api/acts/f2015l00466/analysis","conflicts":"/api/acts/f2015l00466/conflicts","importantCases":"/api/acts/f2015l00466/important-cases","documents":"/api/acts/f2015l00466/documents"}}