Frequently Asked Questions - FAQ
Kava
Kava exemption under the Medicines, Poisons and Therapeutic Goods Act 2008
for the National Multicultural Festival
Current at February 2013 1
Will kava be permitted at the National Multicultural Festival every year?
Yes, as long as the declaration of exemption continues to be in place.
An amendment to the Medicines, Poisons and Therapeutic Goods Regulation 2008 contains an exemption for the use of kava at specified public events as declared by the Minister for Health.
The Minister has declared that an exemption will apply for the National Multicultural Festivalin Canberra on each year that it is held. The exemption only applies if the kava is prepared, possessed and consumed in accordance with the customs of the Pacific Islands.
The kava exemption will apply at theNational Multicultural Festivalevery year, unless the Minister’s declaration is revoked.
Is kava permitted at any other event?
No. At this time, the Minister has only declared an exemption for the National Multicultural Festival.
It is illegal to use kava at any other time or at any other place in the ACT unless prescribed by a doctor.
A person may apply to the Minister to have another public event exempt if they wish to serve kava at the event. In considering the application, theMinister will give consideration to the nature of the event and its significance to the Pacific Island community.
Can kava be used or served at private gatherings and events?
No. The exemption does not apply to personal use and private gatherings such as weddings and funerals. These types of gatherings cannot be declared as events for the purposes of the exemption.
Why can exemptions only be granted for public events?
It is recognised that kava has been traditionally used at events such as weddings and funerals.
Because kava has been restricted to prescription-only useat a national level, it would not be appropriate for the ACT to make an exemption for any type of event.
Application of the kava exemption enables the use of kava in accordance with the customs of the Pacific Islands at public events declared by the Minister for Health.
What form of kava can be used?
‘Kava’ refers to the root of the plant Piper methysticum. The exemption allows the consumption of preparations containing aqueous (water) dispersions or aqueous extracts of the raw or dried kava root, or powder made from the dried kava root.
It also allows a person to possess the root or powder for the purpose of preparing aqueous extracts.
Why must kava be served into a single use cup?
Kava must only be served from a traditional kava bowl into a single use cup.
As kava is consumed as a beverage at the National Multicultural Festival, food safety legislation applies. Food safety requirements prevent the sharing of cups from person to person. Used drinking cupsshould not be dipped back in to the kava bowl to obtain another serve.
Public health officers will be carrying out food safety inspections at the National Multicultural Festival.
Can kava be removed from the location of the kava ceremony?
Kava may only be consumed within the boundaries of the National Multicultural Festival. It is not legal to take leftover kava away from the National Multicultural Festivalfor later consumption.
Kava must not be supplied in a container that can be sealed and removed from the location of the kava ceremony.
Why can we not sell kava?
The Minister agreed to allow for the cultural use of kava at the National Multicultural Festivalbecause Pacific Island communities expressed the importance of kava customs in Pacific Island culture. Consultation on this matter highlighted that ‘cultural use’ refers to the serving of kava from a traditional kava bowl as part of a kava ceremony or kava circle. Offering kava for sale or donation is seen to be inconsistent with the intent of the exemption for cultural use and is not permitted under the exemption.
Is kava use safe?
Cultural use of traditional kava preparations poses a low health risk.
Kava was made a prescription only medicine at a national level due to reports of liver damage associated with medicinal, ‘ethanolic’ kava formulations. Abuse and misuse of kava can cause adverse public health and social effects. Abuse and misuse of kava extracts has been reported in some remote Indigenous Australian communities outside of the ACT.
If kava is generally illegal, where does someone get it from?
It is illegal to import kava into Australia or the ACT without a Licence to Import Controlled Substances and an import permit. Consistent with the Customs (Prohibited Imports) Regulations 1956 (Commonwealth), the importation of kava is only permitted for medical and/or scientific purposes.
However, there is an exemption allowing an incoming passenger on a ship or aircraft to import kava to Australia without an import permit if:
- the incoming passenger is aged 18 years or over
- the kava is in either root or dried powder form
- the amount of kava does not exceed 2 kilograms, and
- the kava is carried in the passenger's accompanied baggage.
Use and possession of kava in relation to the ACT exemption must be consistent with Australian import restrictions.
Contacts
HPS-00-0640 Current at January 2015 1
About the legal exemption:
Chief Pharmacist
Pharmaceutical Services
Health Protection Service
Telephone 02 6205 0961or 6205 1700
Email:
About the National Multicultural Festival:
Jancye Winter
Senior Manager
Operational Manager National Multicultural Festival
Community Participation Group
Office of Multicultural Affairs
Telephone 02 6205 3153
HPS-00-0640 Current at January 2015 1
HPS-00-0640 Current at January 2015 1
HPS-00-0640 Current at January 2015 1