Banning of Products Containing Raw Tobacco
Gutkha, Paan Masala (containing nicotine and tobacco) and similar other food products containing nicotine and tobacco have been banned across the country vide Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 dated 1st August 2011, issued under the Food Safety and Standards Act, 2006. The said Regulation 2.3.4 lies down as under-
“Product not to contain any substance which may be injurious to health: Tobacco and nicotine shall not be used as ingredients in any food products”.
So far, 33 States/Union Territories have issued orders for implementation of the Food Safety Regulations banning manufacture, sale and storage of Gutkha and Pan Masala containing tobacco or nicotine. These are Madhya Pradesh, Kerala, Bihar, Himachal Pradesh, Rajasthan, Maharashtra, Mizoram, Chandigarh, Chattisgarh, Jharkhand, Haryana, Punjab, Delhi, Gujarat, Uttar Pradesh, Nagaland, Andaman & Nicobar, Daman & Diu, Dadra and Nagar Haveli, Uttarakhand, Odisha, Andhra Pradesh, Goa, Sikkim, Manipur, Arunachal Pradesh, Jammu & Kashmir, Assam , West Bengal, Tripura, Tamil Nadu, Karnataka and Puducherry.
Enforcement and implementation of this regulation lies with the Commissioners of Food Safety under the State Governments, as per the provisions of Food Safety & Standards Act 2006.
Special Secretary, Ministry of Health & Family Welfare vide letter dated 27th August, & 21st November 2012 has written to the Chief Secretaries of the States to implement the Food Safety Regulations.
Further in the Public Interest Litigation (PIL) AnkurGutkha vs. Indian Asthma Care Society & Ors. [SLP No.16308/2007,], the Apex Court in its order dated 3.04.2013 issued order of notice to the Chief Secretaries of the States and the Administrators of Union Territories who have not issued notification in terms of 2006 Act to appraise the Court with the reasons as to why they have not taken action pursuant to the letter of Ministry of Health & Family Welfare dated 27.08.2012. The court also directed the Secretaries, Health Department of 23 States and 5 Union Territories to file their affidavits within four weeks on the issue of total compliance of the ban imposed on manufacturing and sale of gutkha and pan Masala with tobacco and/or nicotine.
The Health Minister stated this in a written reply in the RajyaSabha here today.
*****
MV/BK