Federal Register of Legislation - Australian Government

Primary content

Food Standards as amended, taking into account amendments up to Food Standards (Proposal P1051 – Code Revision (2020)) Variation
Administered by: Health
Registered 15 Jul 2021
Start Date 03 Jun 2021

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 kava.

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)


Amendment History

The Amendment History provides information about each amendment to the Standard. The information includes commencement or cessation information for relevant amendments.


These 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.


About this compilation


This is compilation No. 2 of Standard 2.6.3 as in force on 3 June 2021 (up to Amendment No. 200). It includes any commenced amendment affecting the compilation to that date.


Prepared by Food Standards Australia New Zealand on 3 June 2021.


Uncommenced amendments or provisions ceasing to have effect


To 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.



The following abbreviations may be used in the table below:


ad = added or inserted                                          am = amended

exp = expired or ceased to have effect                  rep = repealed

rs = repealed and substituted


Standard 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:


Section affected

A’ment No.

FRL registration




How affected

Description of amendment

Note 3 to Std



11 April 2017


13 April 2017


13 April 2017




2.6.3 3



11 April 2017


13 April 2017


13 April 2017







2 June 2021


3 June 2021

3 June 2021