PETITION to Recognize Traditionally Prepared Kava as Safe Under GRAS in New York State

Despite its centuries long history of safe usage as a communal and social beverage, recent regulations by the New York State Department of Health now prevent the preparation and serving of the traditional kava beverage in licensed food service establishments, disrupting an experience that has brought so much joy and connection to our communities. Please help us show the state legislature and the NYSDOH that the people of NYS want the right to enjoy this safe and valuable social alternative in a communal setting.

We, the undersigned, respectfully request that New York State recognize the traditionally prepared kava (Piper methysticum) beverage in water—prepared exclusively through aqueous extraction methods—as a safe beverage under the Generally Recognized as Safe (GRAS) framework.

Traditionally prepared kava in water has been consumed safely for millennia in Pacific Island cultures as a sacred and social beverage with no history of health risks as demonstrated by many generations of common use in Island nations as well as the state of Hawaii. The FDA’s adoption of the WHO’s “Codex Alimentarius Regional Standard For Kava Products For Use As A Beverage When Mixed With Water”(CXS 336R-2020) confirms that kava prepared traditionally with noble root varieties (kava varieties deemed safe for consumption and approved for export by the regulatory bodies in the country of origin) and potable water is not considered a food additive or dietary supplement.

Codex Alimentarius Regional Standard For Kava Products

We believe that in failing to distinguish between the traditional beverage preparation of noble kava root steeped only in cold water and the more recently developed non-traditional, chemically extracted and highly concentrated preparation of kava as a dietary supplement, New York State is placing an undue burden on businesses which have responsibly and safely served traditional kava for years with no negative outcomes, while providing a service to consumers seeking a more healthful and responsible social alternative to alcohol.

Scientific evidence supports the safety of traditionally prepared kava, and states like Hawaii and Michigan have already embraced this understanding. Hawaii’s “Generally Recognized as Safe (GRAS) Determination for ‘Awa (kava)”, effective January 23, 2024, provides a robust rationale for this decision based on scientific data and a lengthy period of common use in Hawaiian culture. This determination, which could serve as a model for a similar action in New York State, can be read in full here: 

State Department of Health Hawaii GRAS Determination

We believe that by recognizing traditionally prepared kava as GRAS, the state of New York has the opportunity to honor Pacific Islander cultural heritage, support small businesses, and provide a safe, non-alcoholic social alternative.

PLEASE TAKE FURTHER ACTION!

In addition to signing this petition, using the sample letters below, PLEASE WRITE to the NY Department of Health and NY state legislators.

NY Assemblymember Anna Kelles

130 East State Street

Ithaca, NY 14850

607-277-8030

kellesa@nyassembly.gov

 

NY State Senator Lea Webb

44 Hawley Street,

1607 State Office Bldg.,

Binghamton,  NY 13901

Phone: 607-773-8771

leawebb@nysenate.gov

 

19th District Congressional Representative

Josh Riley

U.S. House of Representatives

Washington, DC 20515

Phone: 202-224-3121

 

US Senator for New York

Chuck Schumer

15 Henry Street, Room. 100 A-F

Binghamton, NY 13901

Phone: (607) 772-6792

 

US Senator for New York

Kirsten Gillibrand

Leo W. O’Brien Federal Office Bldg

11A Clinton Ave, Rm 821

Albany, NY 12207

Tel. (518) 431-0120

 

Sample Letter to New York State Legislators

Subject: Advocate for GRAS Recognition of Traditionally Prepared Kava

Dear [Legislator’s Name],

I am writing as a concerned community member to urge you to support the recognition of traditionally prepared kava (Piper methysticum) as a safe beverage under the Generally Recognized as Safe (GRAS) framework in New York State.

FDA and Codex Adoption

The FDA, through its 2023 adoption of the WHO’s “Codex Alimentarius Regional Standard For Kava Products For Use As A Beverage When Mixed With Water” (CXS 336R-2020), acknowledges that kava prepared traditionally by steeping noble root varieties in potable water is not an unapproved food additive or dietary supplement.

From FDA’s Office of Legislation, 9/1/2023: 

“FDA regulates products based on various factors, including how they are labeled and the intended use of the product. For example, when Kava is used as a dietary ingredient in a dietary supplement, the applicable dietary supplement requirements apply. But kava can also be used to brew tea, for example, as described in the recently adopted Codex Alimentarius Regional Standard for Kava Products for Use as a Beverage When Mixed with Water, in which case different food requirements would apply. We note that FDA regulates dietary supplements differently from conventional food, or ingredients added to conventional food. However, when Kava is an ingredient added to conventional food, we continue to have safety concerns for consumption of kava as an ingredient added to conventional food (e.g., kava added to a chocolate bar). This recently posted memo (Scientific Memorandum: Kava (8/11/2020)) describes our safety concerns. Our memo documents FDA’s determination that the use or intended use of Kava as an ingredient in conventional food does not meet the statutory criteria for a generally recognized as safe substance and that Kava is an unapproved food additive. This determination does not apply to kava steeped in water and consumed as food or kava as a dietary ingredient in dietary supplements.”

Hawaii’s Department of Health has further affirmed on January 23, 2024 that traditionally prepared kava meets GRAS standards under Title 21 CFR §170.30(c)(1):

“By way of this memorandum, DOH seeks to clarify its position with respect to the sale and distribution of ‘awa in the State of Hawaiʻi and, under the conditions detailed herein, hereby recognizes as GRAS ‘awa for its intended use in the preparation of the traditional and customary beverage pursuant to the applicable federal exception.”

A similar GRAS determination was issued by the State of Michigan on 1/12023:

“Based on the Technical Report by the WHO, MDARD considers the use of the noble variety of kava root mixed with water to make a tea to be a low risk to public health and Generally Recognized as Safe (GRAS) (21 CFR 170.30). Therefore, noble kava infused in water (tea) from the rhizome or root only is exempt from the definition of Food Additive (21 U.S.C. § 321(s)) based on its GRAS status”

Scientific Evidence

Extensive research demonstrates the safety of kava when prepared traditionally:

 • Clinical studies show that aqueous extraction methods result in low toxicity and safe consumption. (Sarris et al., 2011)

 • The FDA’s 2020 memorandum highlights that health risks associated with kava are linked to non-traditional processing methods, not the aqueous extraction of the traditional kava beverage.

 • The Hawaii Department of Health and the Michigan Department of Agriculture and Rural Development concluded that noble kava root, prepared with water, complies with federal GRAS exceptions due to its longstanding history of safe use.

An Opportunity for New York

By recognizing kava under GRAS, New York can:

 1. Promote cultural equity by supporting traditional Pacific Island practices.

2. Bolster small businesses offering kava as a safe, non-alcoholic wellness beverage.

 3. Provide regulatory clarity for businesses committed to compliance and public health.

I respectfully request that you advocate for this recognition and work with the New York State Department of Health to adopt a clear framework that distinguishes kava that is traditionally prepared through aqueous extraction from kava that is processed using other methods.  

Thank you for your attention to this important matter.

Sincerely,

[Your Name]

[Your Address]

 

Sample Letter to the New York State Department of Health

Subject: Request for GRAS Designation for Traditionally Prepared Kava

Sheri Ford, Director

Bureau of Community Environmental Health and Food Protection

Empire State Plaza, Corning Tower

Albany, NY 12237

To Whom It May Concern,

I am writing to request that the New York State Department of Health recognize kava (Piper methysticum)—prepared exclusively through traditional aqueous extraction methods—as a Generally Recognized as Safe (GRAS) beverage.

The FDA, through its adoption of the Codex Alimentarius Regional Standard for Kava Products (CXS 336R-2020), acknowledges that noble varieties of kava root steeped in water as a beverage is distinct from kava products prepared with non-traditional solvents. Hawaii’ and Michigan’s Departments of Health have similarly determined that traditionally prepared kava meets GRAS standards under federal law.

Supporting Scientific Evidence

The FDA’s 2020 memorandum confirms that aqueous extraction minimizes risks associated with kava consumption.
Sarris et al. (2011) and similar studies demonstrate that traditionally prepared kava is safe and effective as a wellness beverage.
The Hawaii Department of Health affirmed the safety of noble kava prepared traditionally through aqueous extraction, citing its longstanding use as food prior to January 1, 1958, under Title 21 CFR §170.30(c)(1).

The Hawai’i Department of Health has also acknowledged that non-traditional preparations of kava that make use of solvents such as acetone and ethanol, result in a concentration of kavalactones (the active pharmacological components present in kava) that is 2 to 10 times greater than kava prepared through aqueous extraction. The resulting high concentration of kavalactones extracted via non-traditional methods is what “may pose a significant health hazard due to liver toxicity”, according to the FDA.

The Michigan Department of Agriculture and Rural Development concluded that noble kava root, prepared with water, complies with federal GRAS exceptions due to its longstanding history of safe use.

Request:

We urge the NYSDOH to adopt a GRAS designation for traditionally prepared kava, thereby distinguishing it from kava regulated as a food additive or dietary supplement. Such recognition would provide clarity for businesses, support cultural practices, and promote public health.

Thank you for your careful review of this matter.

Sincerely,

[Your Name]

[Your Address]