Unregistered kava sellers face up to $10,000 fine, two years' jail under proposed law

Fijians who sell kava (yaqona) could face up to two years in jail or a $10,000 fine if they operate without registering their businesses under the proposed Yaqona (Kava) Bill 2026, now before Parliament.

The proposed law has sparked mixed reactions among kava vendors, with some supporting stronger regulation while others fear the measures could hurt families relying on small-scale sales.

The Bill would establish the Fiji Yaqona Council to register and license every grower, processor, importer and exporter of kava.

Companies could face fines of up to $100,000. The offence would not apply to personal use or the “reasonable traditional or cultural use of yaqona within Fiji”.

Enforcement officers appointed by the council could enter and inspect premises, check records and take samples.

Obstructing officers or providing false information would also be an offence.

Reactions

Some yaqona sellers in Kadavu say they rely on small-scale kava sales to support their families, while others support stronger action against fake yaqona.

Farmer Bulou Rotukana, 40, from Nakasaleka in Kadavu said many people had turned to kava sales to support their families.

“Some people struggle with life so they come to buy grog and then sell it just to help with their family needs,” she said.

Lisala Wakaniyasi, 70, of Lomati, Nabukelevu in Kadavu, supported action against sellers of fake yaqona.

“I agree that those selling this fake grog be fined because grog nowadays is expensive and some grog sellers lie that it is pure grog but actually it is fake kava,” he said.

Registered kava stall owner Ritesh Kumar said all businesses should be registered so the Government could properly account for income and tax.

Kava stall owner William Samugh disagreed, saying the measures could hurt families relying on small kava sales for food and other household needs.

“It’s not a good idea for the Government to do like this to kind of people small business,” he said.

Government response

Ministry of Agriculture permanent secretary Dr Andrew Tukana defended the Bill, saying it was meant to help everyone, not punish them.

“This Bill is here to help everyone. It’s here to help the importers, the exporters...the domestic producers and the domestic consumers,” Mr Tukana said.

He said the jail and fine provision was “the most extreme” outcome and was not expected to be the norm once proper processes were in place.

Operators who lose their registration or licence could appeal to the Minister for Agriculture.

The exact registration fee has not yet been decided and would be set through regulations if the Bill passes.