THE BELOW ARTICLE WAS SUBMITTED BY A CANADIAN CITIZEN WHO WAS DETERMINED TO FIND THE TRUTH BEHIND THE LEGAL ISSUES SURROUNDING THE LEGAL STATUS OF KAVA IN CANADA.  THANKS TO S. HOLLAND'S TIRELESS EFFORTS, ALL CANADIANS CAN ENJOY KAVA ONCE AGAIN IN CANADA!

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I have to admit, life can be stressful.

I am an entrepreneur and successful business owner. My line of work puts me in a position of being a complaint department. I find it hard to relax in the evenings and even harder to get to sleep. I am a very active and health concerned individual. I am cautious of everything I buy and eat. Which is what lead me to look for a natural stress reliever and in turn, to discover Kava.

Being the type of person I am, I spent months researching and reading everything I could find about Kava. To my surprise, I found there was a sales ban in Canada. I am a strong believer of liberty and the right of choice. It baffles me when I see such ignorant laws put in place for my "protection". I believe that proper education and labeling is all that should be needed. To me, prohibition is criminal in itself.

Continuing my research, I noticed that there was a lot of confusion and mystery about the legality of Kava for personal use in Canada. When trying to find an online supplier that would deliver to Canada, I came across Kona Kava Farm. Right away I knew that this is the supplier I wanted to order from. But I saw that they too were unsure of Kava in Canada and for safety of their customers' orders, they wouldn't ship any Kava containing products to Canada.

From reading Makaira's articles she seemed to not be getting answers from any responsible party in Canada. I know my rights as a Canadian citizen and needed to find the truth in relation to the true legal status of Kava in Canada.

My first step was to contact my local Member of Parliament, Mr. Geoff Regan. Thank goodness, he's a Liberal! (Although doesn't Progressive Conservative sound like an oxymoron to you?)

Here was Mr. Regan's response to my inquiries.

From: Geoff Regan

Dear Mr. Holland:

Thank you for your email regarding the legal status of the kava root in Canada. It is not illegal or a criminal act to consume kava products in this country. However in 2002, Health Canada issued a stop-sale order for all products containing kava, obliging retailers to remove the plant from all levels of the Canadian market.

As you note in your message, this regulatory step was taken after a safety assessment concluded there is insufficient evidence to support the safe consumption of kava. Health Canada and several foreign regulatory bodies had also received reports that associated the use of kava with serious health problems such as liver dysfunction and toxicity.

However, scientific knowledge regarding the health effects of kava consumption is far from complete. More research is needed so Health Canada and individual Canadians can make more informed decisions regarding kava consumption. I will discuss your concerns with my colleagues and the Liberal health critic. I have written to the Minister of Health and you will find the text of my letter to him below. Once again, thanks for your email and please accept my best wishes.

Yours truly,
Geoff Regan, M.P.
Halifax West

He then went on to forward this letter to minister of health, Mr. Tony Clement:

May 2, 2008

The Honourable Tony Clement, P.C., M.P.
Minister of Health Brooke Claxton Building
Tunney's Pasture Ottawa, ON K1A 0K9

RE: Health Canada's Ban on the Sale of Kava-Containing Products

Dear Minister:
 
I would like to take this opportunity to address Health Canada's stop-sale order for all products containing the kava plant. Issued in the year 2002, this precautionary step was taken after a safety assessment concluded that there is insufficient evidence to support the safe consumption of kava, often used for its calming and relaxing effects.

Health Canada and several foreign regulatory bodies have received reports that associate the use of kava with serious health problems such as liver dysfunction and toxicity. However, scientific knowledge regarding the health effects of kava consumption is far from complete. Further research is needed so Canadians can make more informed decisions regarding kava consumption.

I would ask that you take special note of this issue and consider the need for further research into the health effects of kava consumption. I would also ask that you review Health Canada's stop-sale order on kava-containing products and reflect on other regulatory options such as labeling. Thank you for your time and attention to this letter and I look forward to your reply.
 
Yours truly, Geoff Regan, P.C., M.P. Halifax West

Since this was the first time I was actually trying to communicate directly to a government official, I was quite pleased with the initial results. I had direct confirmation that Kava was actually legal to consume in Canada. But to what extent and whether or not I could legally import Kava into Canada was another unanswered question. I not only needed to know if I could order from an online international supplier, but what would really happen at the border?

I sent the follow-up questions I had and the response I got was a bit different.

From: Gary J. Logan

Dear Mr. Holland:
 
Geoff asked that I look into your further question; could you give me a call so I can discuss this further?

Thanks Gary

They wanted to talk in person. I think my age and legitimacy was in question. With my background, I was certain I could get them to see the seriousness and maturity I had towards this subject.

Mr. Logan is an eager young intern in a stressful environment. He had done his research and made all the appropriate calls to answer my question. In short, he said it was perfectly fine to order online. But words are not enough. I needed a letter stating the information Mr. Logan had researched. I sent him a follow-up email suggesting to try some Kava to help with the everyday stress and asking for this letter. His response was great. I now had the contact information for the party responsible for making and enforcing of the Kava ban.

From: Gary J. Logan

Hey Shawn:

Thank you for the kind words, but I'm merely doing my job. But I will admit that things around here can be a bit stressful, some tea may be in order. :)

In terms of the websites etc, I found the Heath Canada Website quite helpful:

Health Canada is advising consumers...

Also please contact the HPFB Inspectorate Atlantic Operational Centre for more definitive information.

All the best!

Gary

With the success from contacting Mr. Regan's office I was hopeful I would get an appropriate response from the HPFB (Health Products and Food Branch). I sent an email to the address he offered. I anxiously waited a week with no response, so I decided to simply give them a call. I had to leave a voicemail. I waited and waited and waited, but finally my patience paid off.

Here is the final email that says it all:

From: Grazyna Kujath

Cc: Brenda Redmond, Evelyn Nugent

Mr. Holland,
 
Kava Kava is a Restricted Substance not listed in the Food and Drug Regulations. According to the Natural Health Products Compliance Guide, a compliance approach in conjunction with the Risk-Based Approach is used for restricted substances that do not have valid market authorization in Canada.
 
In 2002 a safety assessment of the ingredient kava concluded insufficient evidence to support kava's safe use. Health Canada issued a stop-sale order in August 2002 for all products containing kava. Health Canada also requested the recall of kava products from all levels of the market and issued an advisory to consumers advising against the use of products containing kava.

Please see the website link:
 
Health Canada reminds Canadians...

However, the personal importation of (permission for individuals to import a 90 day supply for their own personal use or the use of another individual in that person's care or guardianship, based on the directions for use or reasonable intake) most NHPs in person or by shipment by mail or courier is allowed.

Grazyna (Grace) Kujath Sr.
Compliance Officer,
Drugs Health Products & Food Branch
Inspectorate Health Canada,
Atlantic Region

So finally, according to the Sr. Compliance Officer for the Drugs Health Products & Food Branch Inspectorate of Health Canada, Atlantic Region (wow that's quite the title), personal importation of most NHP's in person or by shipment by mail or courier is allowed. She defines personal importation being permission of individuals to import a 90 day supply of their own personal use or the use of another individual in that person's care or guardianship, based on the directions for use or reasonable intake.

I hope that now all Canadians can enjoy Kava. And with a supplier like Kona Kava Farms I'm sure your experience will be a relaxing one.

S. Holland