Farmer calls for fairer kava penalties on proposed bill

Proposed fines under the Yaqona (Kava) Bill 2026 should be based on the scale of farming operations, with separate penalties for subsistence farmers and commercial operators.

This was the submission made by Pita Tudonu of Visoqo, Macuata, during a public consultation on the Bill by the Parliamentary Standing Committee on Justice, Law and Human Rights.

Tudonu says the proposed penalties could place an unfair financial burden on rural and maritime farmers who grow yaqona mainly to support their families.

“If the penalty and fines under this proposed bill should differ and separated because we all not the same. Looking at that amount is a bit too much. So can we have that separated”

He says the penalties should reflect the different activities and earnings of individual farmers and commercial operators.

Under the proposed Bill, a person who operates a yaqona business without registering could face up to two years in prison or a $10,000 fines.

Tudonu says such a penalty could be too harsh for farmers who rely on yaqona sales to meet their daily needs and family expenses.

The Bill defines a yaqona operator as anyone involved in cultivating, manufacturing, processing, packaging, selling, importing or exporting yaqona and yaqona products.

However, Tudonu says the law should distinguish between small-scale farmers and those operating at a commercial level, with penalties proportionate to their activities.

In response, committee chairperson Ratu Rakuita Vakalalabure clarified that registration and licensing are separate requirements under the proposed legislation.

He says licensing will be required for commercial importers and exporters, while other yaqona operators will only need to register.