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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 |
