$10,000 fine, jail proposed for unlicensed yaqona operators

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Individuals operating a yaqona business without the required registration or licence could face a fine of up to $10,000, two years imprisonment, or both under the Yaqona (Kava) Bill 2026.

The Bill, tabled in Parliament today, proposes a series of offences and penalties as part of a new regulatory framework for Fiji’s yaqona industry.

Under section 36, a person would commit an offence if they carried on the business of a yaqona operator without being registered or licensed as required under the proposed legislation.

Individuals convicted of an offence could be fined up to $10,000 or imprisoned for up to two years, or both.

Companies and other bodies corporate could face fines of up to $100,000.

The proposed offences would also cover operators who breach conditions attached to their registration or licence or fail to comply with a lawful direction issued by the Fiji Yaqona Council.

It would also be an offence to obstruct, hinder or intimidate the Council, an authorised officer or another person exercising powers under the legislation.

People who refuse or fail, without reasonable excuse, to provide information, documents or records lawfully required under the Act could also be prosecuted.

The Bill would further make it an offence to knowingly provide false, misleading or inaccurate information to the Council or an authorised officer.

It would also specifically prohibit a person from falsely representing yaqona or a yaqona product as originating from Fiji.

However, the proposed offence provisions would not apply to the possession or consumption of yaqona for personal use, provided it did not exceed quantities to be prescribed by regulations.

The Bill also provides an exemption for the reasonable traditional or cultural use of yaqona within Fiji.

The penalties are part of proposed measures to regulate yaqona operators and protect standards within Fiji’s yaqona industry.