Yes, Kava is legal in Austria but strictly regulated under the Narcotic Substances Act (Suchtmittelgesetz, SMG). As of 2024, kava products are permitted if they meet purity standards and are marketed as herbal remedies, not psychoactive substances. The Austrian Agency for Health and Food Safety (AGES) enforces compliance, aligning with EU-wide shifts toward harmonized botanical regulations.
Key Regulations for Kava in Austria
- Marketing Restrictions: Kava may only be sold as a traditional herbal medicinal product (THMP) or dietary supplement, not as a recreational or psychoactive substance. Claims about sedative or anxiolytic effects require pre-market authorization from the Bundesamt für Sicherheit im Gesundheitswesen (BASG).
- THC and Contaminant Limits: Products must contain <0.2% THC and comply with the EU Regulation 2015/2283 on novel foods. Heavy metal and microbial contamination thresholds are enforced by AGES under the Lebensmittelsicherheits- und Verbraucherschutzgesetz (LMSVG).
- Import Controls: Importers must register with BASG and provide certificates of analysis proving compliance with Austrian pharmacopeia standards. Parallel imports of unregistered kava products are prohibited under § 8 SMG.