The 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.

Dated 9 March 2022

Dr Matthew O’Mullane

Delegate of the Board of Food Standards Australia New Zealand

1 Name

This instrument is the Food Standards (Proposal P1057 – Review of the kava standard) Variation.

2 Variation to a standard in the Australia New Zealand Food Standards Code

The Schedule varies Standards in the Australia New Zealand Food Standards Code.

3 Commencement

The variation commences on the date of public notice of the approval of the variation.

4. Transitional arrangements

Section 1.1.1—9 of the Australia New Zealand Food Standards Code does not apply to the variations made by this instrument.

Schedule

Standard 1.1.2

[1] Subsection 1.1.2—3(2) (definition of kava root)

 Repeal the definition, substitute:

kava 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).

Standard 2.6.3  Kava

[2] Section 2.6.3—2 (note)

 Omit “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)”.

 [3] At the end of the instrument

 Add:

2.6.3—5 Prohibition on food additives and processing aids in kava

  A 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:

 (a) a substance that was *used as a food additive;

 (b) a substance that was *used as a processing aid.