Law for Banning Gutka and Pan Masala
The Food Safety and Standards (Prohibition and Restrictions on Sales) Regulation, 2011 dated 1st August, 2011 (and clause 2.3.4 thereof) is a central legislation that prohibits the use of tobacco and nicotine as ingredients in any food item and inter-alia prohibits the sale of food products such as gutka and pan-masala (containing tobacco or nicotine). This regulation is applicable to all States/Union Territories.
The Ministry of Health & Family Welfare vide letter dated 27th August, 2012 had requested the state governments to examine the issue and pass necessary orders at state level to implement the provisions of the Act and the Rules framed thereunder, in the interest of public health.
In pursuance of the above, all States / Union Territories (except Meghalaya and Lakshadweep) have issued necessary orders / notification to either ban or enforce ban on the sale of Gutkha and Pan Masala (containing tobacco or nicotine), under Regulation 2.3.4 and/or Section 30 of the FSS, Act 2006.
This was stated by Shri Ghulam Nabi Azad, Union Minister for Health and Family Welfare in a written reply to the Rajya Sabha today.
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MV/GM/BK