Is ‘Shilajit' legal in Australia?

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What is Shilajit? Benefits discussed. Shilajit is illegal to sell within Australia but is legal to import.
Australia Food, Drugs, Healthcare, Life Sciences
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What is Shilajit?

Shilajit is an Ayurvedic medicine which comes in the form of a blackish-brown sticky resin-like substance and is primarily found in the rocks of the Himalayas (Himalayan shilajit). It comes from rocks in high mountain ranges and once was originally sourced from India and Tibet but can now be found in other countries. It is a natural supplement known to provide strength, energy and power to the muscles, brain, and reproductive system.

It is found in Afghanistan, Tibet, Russia, and north Chile. The substance develops over a considerable period of time due to the decomposition of plants and is composed of rock minerals and organic matter which has been compressed between layers of rock.

For more on the law concerning drugs in Australia, get in touch with our drug lawyers Sydney team for a confidential chat.

Shilajit Resin, Shilajit Capsule or Shilajit Powder | Pure and Natural Shilajit

Shilajit can come in capsule, powder, or resin form. Which form it should be consumed in depends on personal choice, however the convenience of taking shilajit in capsule form over powder form is obvious. Some believe that shilajit resin may give a more potent quicker result than capsule.

Shilajit resin is sticky and is the purest form of the substance and is therefore highly concentrated containing up to 80% concentration. For this reasons many believe it is the most effective with quicker absorption given it is free from any contaminants. It is also easy to consume and comes in a solid small tar-like lump which dissolves in warm milk or water.

Shilajit capsule usually encapsulates the shilajit powder into a gelatine or vegetable-based capsule. These are convenient to consume.

Shilajit powder is processed further by grinding the resin into powder, which can then be mixed with milk or water to consume. The powder form typically contains a lower concentration than in its resin form. The powder form of shilajit usually contains between 10-60% concentration.

Shilajit Benefits and Reviews | What is Shilajit Used For?

There are several advantages of Shilajit. Its main component is 'fulvic' acid. There are mixed reports that fulvic acid, a group of chemicals that form when plants break down, may reduce inflammation, boost immunity, and protect brain function. Other potential benefits include bone strengthening properties and improved exercise performance.

Some researchers believe that shilajit might assist in preventing or slowing the development of Alzheimer's disease.

Shilajit Benefits For Male

For men, shilajit benefits include boosting strength, fertility and sexual performance by increased libido and combating sexual dysfunction. A clinical study has suggested that shilajit can significantly increase testosterone levels which are directly related to sex drive, body fat, muscle mass and strength.

Shilajit Benefits For Female

For women, shilajit is also reported to help joint pains, weakness, and urinary disorders.

Shilajit can be used for a variety of reasons, but predominantly, as an antioxidant to boost the body's immune system and memory; an anti-inflammatory; energy enhancer; and a source to reduce or eliminate excessive fluid in the body.

As shilajit is highly potent in fulvic acid, being high in antioxidants and anti-inflammatory, it may help in slowing down the aging process.

One further benefit shilajit is said may provide is increased iron levels and bone density in females.

Shilajit Side Effects

Is Shilajit safe? As Shilajit is a natural made substance, there are no reported findings of side effects from consuming this substance. It is recommended to avoid consuming unprocessed or raw shilajit. It its raw state, shilajit may contain metal ions, fungus, and other contaminated materials in it which can cause sickness.

Shilajit is viewed as a herbal approach to health and fitness. Its quality and purity are therefore not monitored by any watchdog authority. It is recommended that if choosing to consume shilajit that you do so from a reliable source.

Some research has suggested that shilajit is safe as a supplement for long-term use, although some side effects have been reported such as headache, heartburn, and dizziness. It may also reduce blood pressure. Further research is needed to understand this substance better.

How to Take Shilajit

Shilajit is predominantly taken orally. It can come in resin form, as well as powder which is often put into capsules or mixed into drinks for consumption. Shilajit can be consumed with water, mile, tea, or coffee. For optimal results, sources recommend consuming shilajit for up to 7 consecutive weeks.

If consuming shilajit with water, sources suggest taking a small amount of its resin, mix it in lukewarm water and stir for a couple of minutes until it dissolves. A sweetener such as honey may be added, and this may be consumed daily.

If consuming shilajit with milk, tea, or coffee, it is recommended to mix it with lukewarm milk with the same process as outlined above. For optimal results, sources recommend consuming shilajit for up to 7 consecutive weeks.

How Long Does It Take For Shilajit To Work?

The period of time it takes for shilajit to take effect can vary from person to person. Some people may experience its effects immediately, while others may experience it a couple of days to a couple of weeks after consumption.

Buy Shilajit Australia

Shilajit is illegal to sell within Australia. But is legal to import form overseas provided it is done in accordance with Australia's laws within prescribed amounts, which is outlined in more detail further below in this article. Shilajit can be purchased online, although it is illegal for any company within Australia to supply or advertise it in Australia. Heavy criminal penalties apply for breaching these laws.

Ayurvedic or Ayurveda medicine refers to traditional medicine native to India. The system of Ayurvedic medicine uses a variety of techniques ranging from yoga and massage to herbal remedies.

In Australia, Ayurvedic medicines are classified as 'complementary medicines' which means they are generally required to meet the same standards of quality and safety as other medicines.

Complementary medicines include vitamins, essential oils, nutritional substances, and other substances which involve plant or animal materials.

Where a complementary medicine is permitted to be sold in Australia, it must be included on the central database maintained by the Therapeutic Goods Administration ('TGA'), which is the Australian Register of Therapeutic Goods.

Its packaging will also include an 'AUST L' identification number that must be prominently displayed on the label.

The following is a guide on what the law is in Australia and should not be used as legal advice. If you are looking for legal advice, please contact our office to speak to our criminal lawyers in Sydney.

Is Shilajit Legal in Australia?

Shilajit is not a listed medicine and has not been included on the Australian Register of Therapeutic Goods. This means that it is illegal for a company to sell it within Australia.

However, you can nonetheless import unapproved therapeutic goods such as Shilajit under the Personal Importation Scheme.

This scheme involves an individual within Australia arranging for a therapeutic good to be sent to them from an overseas supplier, with the good to be used by that individual or an immediate family member. It is illegal for a person to sell or supply shilajit to any person within Australia.

The TGA warns that as the therapeutic good is not approved for supply in Australia, there are no guarantees about its safety or quality.

Under the scheme, you can import a 3-month supply per order (at the maximum dose recommended by the manufacturer). Furthermore, the total quantity of the goods imported within a 12-month period cannot exceed 15-month's supply of the goods.

It is important to note that any imports which are more than this prescribed amount, or which are imported for sale within Australia, may be assessed by the TGA to be unlawful under the Therapeutic Goods Act 1989 (Cth).

The products can thus be seized as prohibited imports under the Customs Act 1901 (Cth). A maximum penalty of $31,300 (100 penalty units x current value of $313) is applicable if you contravene any conditions on a permission to import certain goods, as per section 50 of the Act.

However, the TGA may instead choose to issue an infringement notice with a financial penalty (i.e., a fine), instead of charging someone. If you pay an infringement notice, this does not result in a criminal conviction.

Furthermore, as Shilajit is not included on the Australian Register of Therapeutic Goods for sale within the country, it is not lawful for an Australian company to supply or advertise it.

It is an offence to supply Shilajit for use in humans, especially if it is deemed that the use of the good has resulted in, will result in, or is likely to result in, harm or injury to any person.

A maximum penalty of 5 years imprisonment and/or a $1,252,000 fine (4,000 penalty units x current value of $313) is applicable, as per section 19B(1) of the Therapeutic Goods Act 1989 (Cth).

However, where this harm is not present, a maximum penalty of 12 months imprisonment and/or a $313,000 is nonetheless applicable (1,000 penalty units x current value of $313).

These maximum penalties are also applicable to importation under the Act, if for use in humans.

Therapeutic goods that are not entered in the Register are also prohibited from being advertised to Australian consumers unless a relevant exemption or exclusion applies.

A maximum penalty of a $1,565,000 fine is applicable for individuals (5,000 penalty units x current value of $313), whereas a maximum fine of $15,650,000 (50,000 penalty units x current value of $313) is applicable for a corporation, under section 42DLB of the Act.

Again, the TGA may instead issue an infringement notice to a business or individual as an alternative to undertaking formal court action.

The Therapeutic Goods Act 1989 (Cth) and Customs Act 1901 (Cth) are Commonwealth Acts which means they are applicable across the country, in each state and territory.

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