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kava in germany

rayken

Kava Enthusiast
it looks like there is a good chance i will be moving to germany in a few months. does anybody know the facts on kava there now? from what i seemed to gather it does not appear to be totally illegal anymore, but it does not seem to be legal to have it shipped over? is this true. what a bummer if it is.(n)
 

verticity

I'm interested in things
That is an excellent question. It seems like the situation there is "in flux" Dr. Mathias Schmidt from Germany has been traveling around the South Pacific, and advocating for complete legalization in Europe. (See the posts on the 2015 Kava Conference)

Fortunately, Kava Europe, formerly known as @Global Kava Exports does ship high quality kava to Germany (shipped from the UK)
 

rayken

Kava Enthusiast
thanks for the post. what i believe i had read before though was that you were not allowed to have it shipped over otherwise it could be confiscated and you would have to pay fines. perhaps this is outdated info though?
 

kavadude

❦ॐ tanuki tamer
thanks for the post. what i believe i had read before though was that you were not allowed to have it shipped over otherwise it could be confiscated and you would have to pay fines. perhaps this is outdated info though?
The Germans had banned it for a number of years; it was lifted by a court fairly recently.
 

verticity

I'm interested in things
thanks for the post. what i believe i had read before though was that you were not allowed to have it shipped over otherwise it could be confiscated and you would have to pay fines. perhaps this is outdated info though?
Kava Europe does ship there; they might have more information on its official status. They label it as not for human consumption, but for "research purposes", but it is perfectly good kava, that, theoretically could be consumed by humans. lol

I think it is unlikely you would get fined; but, again I don't know anything about German law. Probably the worst (unlikely thing) that would happen is it would not make it through customs and you would not receive it.
 

verticity

I'm interested in things
The Germans had banned it for a number of years; it was lifted by a court fairly recently.
I wasn't clear if all kava, including powdered root was completely legitimate there yet, or of it was considered a "medicine" that could only be sold as extract tablets..
 

kavadude

❦ॐ tanuki tamer
Well, last I read the court ordered them to lift the ban, and it seemed like they were going to create a bunch of administrative rules and throw all their toys out of the pram because of it. But we have German members who import it without problems.
 

verticity

I'm interested in things
...it seemed like they were going to create a bunch of administrative rules and throw all their toys out of the pram because of it....
Aber dann werden sie keine Spielzeuge in ihren Kinderwagen haben. Das einzige, was zu tun, dann wird es sein, ein Nickerchen zu machen, oder weinen, weil sie keine Spielzeuge.
 

Bubba Bula

krunkadelic relic
it looks like there is a good chance i will be moving to germany in a few months. does anybody know the facts on kava there now? from what i seemed to gather it does not appear to be totally illegal anymore, but it does not seem to be legal to have it shipped over? is this true. what a bummer if it is.(n)
Yeah but look at it this way. Good beer and bratwurst every Saturday. Plus, das frauleins vunderbar! :-D
 

ObiWan

May the Brew be with you
Kava ist not allowed as food in Germany. If the customs detects it, it will be confiscated. But when shipping from the UK to Germany, it is inside the European Union, and there are no customs checks.
The court rule this year only effects Kava as medicine. You were and you are not allowed to import medicine from outside of Germany.
Kava could have a comeback as prescription medicine with weekly liver tests. But this does not effect importing Kava: It is not allowed if it is seen as medicine, and it is not allowed if seen as food. Even if it is declared as research object only, it may be handled as medicine or food.
 

verticity

I'm interested in things
Kava ist not allowed as food in Germany. If the customs detects it, it will be confiscated. But when shipping from the UK to Germany, it is inside the European Union, and there are no customs checks.
The court rule this year only effects Kava as medicine. You were and you are not allowed to import medicine from outside of Germany.
Kava could have a comeback as prescription medicine with weekly liver tests. But this does not effect importing Kava: It is not allowed if it is seen as medicine, and it is not allowed if seen as food. Even if it is declared as research object only, it may be handled as medicine or food.
That's why I love having the "nutritional supplement" category in the US: it's not a food, not a drug or medicine; we don't know what the heck it is actually, so we'll allow it to be imported. ::awesomesmiles::
 

verticity

I'm interested in things
Kava ist not allowed as food in Germany. If the customs detects it, it will be confiscated. But when shipping from the UK to Germany, it is inside the European Union, and there are no customs checks.
...
So do you happen to know, if your kava is confiscated, would the person receiving it be fined, like the OP here is concerned about?
 

ObiWan

May the Brew be with you
That's why I love having the "nutritional supplement" category in the US: it's not a food, not a drug or medicine; we don't know what the heck it is actually, so we'll allow it to be imported. ::awesomesmiles::
in Germany this is "Nahrungsergänzungsmittel". But it doesn't matter how it is named - the health authorities decides how to classify it. The customs forwards a suspected item to these authotities.
 

ObiWan

May the Brew be with you
So do you happen to know, if your kava is confiscated, would the person receiving it be fined, like the OP here is concerned about?
yes, this may happen. The first important thing is: Do the authorities classify it as food or medicine? If they see it as medicine, it is a law-break against the 'Bundesarzneimittelgesetz'. I known Germans who had to pay a few hundred Euros. In few cases even 2.000 Euro.
 

ObiWan

May the Brew be with you
Do you know where it says specifically that kava is illegal as food, or, let's say, as a "not for human consumption" product?
I had this discussion with the health authority of Hamburg. Kava has no authorization/certification as food. It is not on the list of allowed food, so it is not importable.
I had luck that I could convince them that it is food and not medicine. The Kava got destroyed, but I didn't get a fine.
 

TheKavaSociety

New Zealand
Kava Vendor
I had this discussion with the health authority of Hamburg. Kava has no authorization/certification as food. It is not on the list of allowed food, so it is not importable.
I had luck that I could convince them that it is food and not medicine. The Kava got destroyed, but I didn't get a fine.
What about importing kava "not for human consumption"? E.g. for your garden or as pet food?
 

ObiWan

May the Brew be with you
What about importing a whole plant? For horticulture purposes..
Germany has many laws and regulations. I am frightened that there is also one that prohibits importing of 'suspected' plants. I would like to test this, but is there any vendor who ships whole roots? I think the problem will be the postage - make sit probably uneconomical.
 
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