{"id":"F2022L00308","name":"Food Standards (Proposal P1057 – Review of the kava standard) Variation","slug":"food-standards-proposal-p1057-review-of-the-kava-standard-variation","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102316,"registerId":"commonwealth-F2022L00308-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Food Standards (Proposal P1057 – Review of the kava standard) Variation","content":"![Description: FS_Logo_K](image.001.png)\n\nFood Standards (Proposal P1057 – Review of the kava standard) Variation\n\nThe Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The variation commences on the date specified in clause 3 of this variation.\n\nDated 9 March 2022\n\n![](image.002.png)\n\nDr Matthew O’Mullane\n\nDelegate of the Board of Food Standards Australia New Zealand\n\n  \n\n1 Name\n\nThis instrument is the Food Standards (Proposal P1057 – Review of the kava standard) Variation.\n\n2 Variation to a standard in the Australia New Zealand Food Standards Code\n\nThe Schedule varies Standards in the Australia New Zealand Food Standards Code.\n\n3 Commencement\n\nThe variation commences on the date of public notice of the approval of the variation.\n\n4. Transitional arrangements\n\nSection 1.1.1—9 of the Australia New Zealand Food Standards Code does not apply to the variations made by this instrument.\n\nSchedule\n\nStandard 1.1.2\n\n\\[1\\] Subsection 1.1.2—3(2) (definition of kava root)\n\nRepeal the definition, substitute:\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\nStandard 2.6.3 Kava\n\n\\[2\\] Section 2.6.3—2 (note)\n\nOmit “of kava”, substitute “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\n\\[3\\] At the end of the instrument\n\nAdd:\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.","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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The variation remains tightly focused on its original purpose: reviewing and updating the kava standard. It does not expand into unrelated areas."},"complexity_factors":["Short instrument with only 3 operative provisions","Single cross-reference to international standard (Codex Alimentarius CXS 336R-2020)","Minimal defined terms (relies on existing Code definitions for 'food additive' and 'processing aid')","Straightforward prohibition structure in new section 2.6.3—5","No nested exceptions or conditional logic"],"plain_english_summary":"This law tightens Australia’s kava rules by limiting \"kava root\" to Noble varieties (per CXS 336R‑2020) and prohibiting additives or processing aids in kava sold for drinking. It affects importers, sellers, consumers, and Pacific communities with cultural kava use. The change aims to reduce health risks by allowing only lower‑risk varieties and keeping products pure, balancing cultural practice with safety."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Narrows the scope of what qualifies as 'kava root' to peeled root/rootstock of Noble varieties named in Codex CXS 336R‑2020 (subsection 1.1.2—3(2)) and adds a prohibition on food additives and processing aids in kava beverages (new section 2.6.3—5), thereby restricting the range of compliant kava products under Standard 2.6.3."},"complexity_factors":["Cross‑reference to an external international standard (Codex CXS 336R‑2020) for identification of permitted 'Noble' varieties (subsection 1.1.2—3(2)) — requires users to consult and apply an external list.","Addition of an absolute prohibition on substances previously used as food additives or processing aids in kava beverages (new section 2.6.3—5) — creates a bright‑line ban that may require product formulation review.","Transitional arrangement excluding section 1.1.1—9 (clause 4) — alters usual transition rules and may affect timing and compliance windows.","Enforcement and admissibility hinge on provenance, varietal identification and supply‑chain documentation — increases administrative and testing burden for producers/importers.","Limited textual changes but potentially wide market effect: narrow scope of permitted raw material and processing methods increases regulatory impact relative to textual length."],"plain_english_summary":"Mechanically, this instrument narrows the legal definition of “kava root” to the peeled root or rootstock of Noble kava varieties specifically named in the Codex Regional Standard (CXS 336R‑2020) and adds a prohibition on food additives and processing aids in kava beverages. It affects kava growers, importers, processors, retailers and regulators because only named Noble varieties and unadulterated products will meet the Standard; producers and importers bear the compliance, testing and record‑keeping costs while regulators determine admissibility."}},"importantCases":[],"_links":{"self":"/api/acts/food-standards-proposal-p1057-review-of-the-kava-standard-variation","history":"/api/acts/food-standards-proposal-p1057-review-of-the-kava-standard-variation/history","analysis":"/api/acts/food-standards-proposal-p1057-review-of-the-kava-standard-variation/analysis","conflicts":"/api/acts/food-standards-proposal-p1057-review-of-the-kava-standard-variation/conflicts","importantCases":"/api/acts/food-standards-proposal-p1057-review-of-the-kava-standard-variation/important-cases","documents":"/api/acts/food-standards-proposal-p1057-review-of-the-kava-standard-variation/documents"}}