The Medicines for Human Use (Kava-kava) (Prohibition) Order 2002

• Citation: S.I. 2002/3170
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Medicines for Human Use (Kava-kava) (Prohibition) Order 2002 and shall come into force on 13th January 2003.

(2) In this Order—

“the Act” means the Medicines Act 1968;

“ approved country for import ” has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012;

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“external use” means application to the skin, hair, teeth, mucosa of the mouth, throat, nose, ear, eye, vagina or anal canal when a local action only is intended and extensive systemic absorption is unlikely to occur, and references to medicinal products being “for external use” shall be read accordingly—except that such references shall not include throat sprays, throat pastilles, throat lozenges, throat tablets, nasal drops, nasal sprays, nasal inhalations or teething preparations;

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“medicinal product” does not include a medicinal product which is a veterinary drug.

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Section 2 Prohibition of sale, supply and importation of any medicinal product consisting of or containing Piper methysticum (known as Kava-kava)

Subject to article 3 below, the sale, supply or importation of any medicinal product consisting of or containing—

(a) a plant belonging to the species Piper methysticum (known as Kava-kava); or

(b) an extract from such a plant,

is prohibited.

Section 3 Exceptions to the prohibition imposed by article 2

The prohibition imposed by article 2 above shall not apply where the medicinal product is—

(a) for external use only;

(b) sold or supplied to, or is imported by or on behalf of, any of the following persons—

(i) an authorised officer within the meaning of section 5(6) of the Food Safety Act 1990 or Article 2(2) of the Food Safety (Northern Ireland) Order 1991 ,

(ii) a food analyst or food examiner within the meaning of section 30 of the Food Safety Act 1990 or Article 30 or 31 of the Food Safety (Northern Ireland) Order 1991 ,

(iii) a person duly authorised by an enforcement authority under sections 111 and 112 of the Act, or

(iv) a sampling officer within the meaning of Schedule 3 to the Act ;

(c) imported from an approved country for import, and is being, or is to be, exported to a country other than the United Kingdom; or

(d) the subject of a UK marketing authorisation, certificate of registration or traditional herbal registration within the meaning of the Human Medicines Regulations 2012.