Yes, Kava is legal in India but faces strict regulatory scrutiny under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The FSSAI classifies kava-containing products as “novel foods,” requiring pre-market approval. State-level enforcement varies, with Kerala and Tamil Nadu historically imposing bans on kava imports.
Key Regulations for Kava in India
- NDPS Act Compliance: Kava (Piper methysticum) is not explicitly listed, but extracts with controlled psychoactive properties may fall under “psychotropic substances” if exceeding 0.1% kavain content, triggering NDPS licensing.
- FSSAI Authorization: Kava-based beverages or supplements must obtain FSSAI’s “Novel Food” clearance, mandating safety assessments under the Food Safety and Standards (Approval of Non-Specified Food and Food Ingredients) Regulations, 2017.
- Customs Restrictions: The Directorate General of Foreign Trade (DGFT) restricts kava imports via Public Notice No. 27/2023, requiring importers to prove end-use as traditional medicine or research, with consignments subject to NDPS verification.
Recent 2026 draft amendments to the NDPS Act propose stricter controls on kava derivatives, aligning with WHO’s 2023 advisory on potential abuse liability. State health departments, such as Maharashtra’s FDA, have intensified raids on unapproved kava products, citing “misbranding” under the Drugs and Cosmetics Act, 1940. Retailers distributing kava without FSSAI approval face penalties up to ₹5 lakh or imprisonment under Section 27 of the NDPS Act.