Yes, Kava is legal in Spain but classified as a novel food under EU Regulation 2015/2283, requiring pre-market authorization. The Spanish Agency for Food Safety and Nutrition (AESAN) enforces compliance, aligning with EFSA’s 2026 novel food evaluations. Retail sales are permitted only for products with validated Novel Food authorization, restricting unapproved extracts or traditional forms.
Key Regulations for Kava in Spain
- Novel Food Authorization: Kava products must obtain Novel Food status via EFSA, as per EU Regulation 2015/2283, with AESAN enforcing local compliance. Unauthorized kava extracts or traditional preparations are prohibited.
- THP Content Limits: Products containing kavalactones (e.g., methysticin, dihydromethysticin) face strict THP (tetrahydro-α-pyrone) concentration caps, aligning with EFSA’s 2024 risk assessment on hepatotoxicity.
- Labeling & Marketing: Labels must exclude health claims (e.g., “anxiolytic,” “sedative”) per Regulation (EU) 1169/2011. Advertising must comply with AESAN’s 2025 guidance on psychoactive substance disclosures.
Imports require customs clearance under CN codes 1211.90 (other plants) or 2932.99 (synthetic extracts), with mandatory health certificates. Non-compliant products risk seizure under Royal Decree 140/2003 on food safety.