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Kava Act 2002

Commencement: (NOT COMMENCED)

REPUBLIC OF VANUATU

KAVA ACT
NO. 7 OF 2002

Arrangement of Sections

PART 1 - INTERPRETATION

1 Definitions

PART 2 – PROTECTION OF KAVA IN VANUATU

2 Organic cultivation
3 Varieties of kava and kava products for sale on local market
4 Labeling for local market
5 Who can sell kava or kava products on the local market?

PART 3 – PROTECTION OF KAVA FOR EXPORT

6 Varieties of kava and kava products for export
7 Labeling for export
8 Who can export kava or kava products?
9 Additional export protections

PART 4 - MISCELLANEOUS

10 Offence
11 Inspection powers etc
12 Regulations and orders
13 Commencement

Schedule

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REPUBLIC OF VANUATU

ASSENT: 31 DECEMBER 2002
COMMENCEMENT: (NOT COMMENCED)

KAVA ACT
NO. 7 OF 2002

An Act to regulate the cultivation, sale and export of kava and kava products

Be it enacted by the President and Parliament as follows-

PART 1 - INTERPRETATION

1 Definitions

In this Act unless the contrary intention appears:

kava means:

(a) plants of the species, Piper methysticum; or

(b) the traditional beverage obtained by cold water extraction of the plant’s underground organs.

kava products include dried kava, bark, peelings and makas of kava.

makas means the residues remaining after the cold water extraction of the kava plant’s underground organs to obtain the traditional beverage.

medicinal kava means a variety of kava listed in Table 2 of the Schedule and includes their synonyms on other islands.

Minister means the Minister responsible for agriculture.

nobles kava means a variety of kava listed in Table 1 of the Schedule and includes their synonyms on other islands.

organic means free of artificial fertilizers, pesticides and other residues.

person includes any statutory body, company or association of persons corporate or unincorporate.

two days kava means a variety of kava listed in Table 3 of the Schedule and includes their synonyms on other islands.

wichmannii kava means a variety of kava listed in Table 4 of the Schedule and includes their synonyms on other islands.

PART 2 – PROTECTION OF KAVA IN VANUATU

2 Organic cultivation

A person is to cultivate kava in Vanuatu using only organic methods of cultivation.

3 Varieties of kava and kava products for sale on local market

(1) A person must not sell kava, or offer kava for sale, in Vanuatu unless it is nobles kava or medicinal kava that:

(a) was planted at least 3 years before it was harvested; and

(b) was cultivated using organic methods of cultivation.

(2) A person must not sell kava products, or offer kava products for sale, in Vanuatu unless they have been produced from nobles kava or medicinal kava that:

(a) was planted at least 3 years before it was harvested; and

(b) was cultivated using organic methods of cultivation.

(3) To avoid doubt, a person must not sell or offer for sale in Vanuatu any of the following:

(a) wichmannii kava;

(b) two days kava;

(c) kava products produced from wichmannii kava or two days kava, whether or not in combination with any other variety of kava.

(4) Nothing in this Act is to be taken to prevent a person from cultivating any variety of kava for personal use.

4 Labelling for local market

A person must not sell or offer for sale in Vanuatu any bag, container or other receptacle containing kava or kava products unless the name of the variety and the island of origin of the kava is clearly marked on it.

5 Who can sell kava or kava products on the local market?

A person must not sell or offer for sale in Vanuatu kava or kava products unless the person is:

(a) an indigenous ni-Vanuatu; or

(b) a local company within the meaning of the Companies Act [CAP 191] that has at least 51% of its shares (voting or otherwise) owned or controlled by persons who are indigenous ni-Vanuatu.

PART 3 – PROTECTION OF KAVA FOR EXPORT

6 Varieties of kava and kava products for export

(1) A person must not export kava from Vanuatu unless it is nobles kava that:

(a) was planted at least 5 years before it was harvested; and

(b) was cultivated using organic methods of cultivation.

(2) A person must not export kava products from Vanuatu unless they have been produced from nobles kava that:

(a) was planted at least 5 years before it was harvested; and

(b) was cultivated using organic methods of cultivation.

(3) Subject to subsection (4), a person must not export any of the following from Vanuatu:

(a) two days kava;

(b) medicinal kava;

(c) wichmannii kava;

(d) kava products produced from two days kava, medicinal kava or wichmannii kava, whether or not in combination with any other variety of kava.

(4) A person may export from Vanuatu:

(a) two days kava or medicinal kava; or

(b) kava products made from either of both of these varieties of kava;

only if the person has been requested to do so by a person outside Vanuatu and the proposed export complies with the requirements of the Plant Protection Act No. 14 of 1997 and any other relevant Act.

7 Labelling for export

A person must not export from Vanuatu any bag, container or other receptacle containing kava or kava products unless each of the following is clearly marked on it:

(a) the name of the variety of the kava;

(b) the island of origin of the kava;

(c) the distinct organs of the kava;

(d) the words “Original Vanuatu Kava”.

8 Who can export kava or kava products?

(1) A person must not export kava or kava products from Vanuatu unless the person is:

(a) a citizen of Vanuatu; or

(b) a local company within the meaning of the Companies Act [CAP 191] that has at least 51% of its shares (voting or otherwise) owned or controlled by persons who are citizens of Vanuatu.

(2) This section does not apply to an individual or company if immediately before the commencement of this section that individual or company was legally entitled under or by any Act or subordinate legislation to export from Vanuatu kava or kava products.

9 Additional export protections

A person must not export from Vanuatu or exchange with a person outside Vanuatu any of the following:

(a) stumps, shoots, growing buds, lateral branches and other planting materials of kava;

(b) fresh organs of kava (eg roots or stumps) that could be used for propagation;

(c) other propagating materials of kava.

PART 4 – MISCELLANEOUS

10 Offence

A person who contravenes a provision of this Act is guilty of an offence punishable on conviction by a fine not exceeding VT 500,000 or imprisonment for a period not exceeding 3 months, or both.

11 Inspection powers etc

For the purposes of ensuring compliance with this Act, an officer appointed under section 9 of the Plant Protection Act No. 14 of 1997 may exercise any of the powers set out in section 14 of that Act in relation to kava or kava products (eg an officer can inspect a local farmer’s kava crop and test for pesticides).

12 Regulations and orders

(1) The Minister may make regulations prescribing all matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) The Minister may by order amend the Schedule.

13 Commencement

This Act commences on the day on which it is published in the Gazette.

SCHEDULE

Section 1

Table 1
Nobles kava

Table 2
Medicinal kava

Table 3
Two days kava