The Manipur Government has placed a ban on manufacture, storage, distribution, sale and use of Tobacco products throughout the state.
The latest notification issued by Chief Secretary (Health & FW)/ Commissioner of Food Safety, Government of Manipur, Vineet Joshi on Friday prohibited the manufacture, storage, distribution or sale of Gutkha and Pan masala (containing tobacco or nicotine) and chewing tobacco products like Chaap Tobacco, Pure Tobacco, Khaini, Scented/Flavoured Tobacco etc., by whatsoever name is called and whatsoever shape it is packed for a period of one year with immediate effect.
The statement also said that any other products marketed separately having tobacco or nicotine in the final product, by whatsoever name called, whether packaged or un-packaged and/or sold as one product, or though packaged as separate products, sold or distributed in such a manner so as to easily facilitate mixing by the consumer has also been banned in the state during the said period.
The prohibition is made in exercise of the powers conferred by clause (a) of sub section (2) of section 30 of the Food Safety and Standards Act, 2006 read with regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011, in the interest of public health, it asserted.
It mentioned that there is Prohibition and Restriction on sale of food products containing tobacco and nicotine as ingredients under regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011 for being injurious to health.
It briefed that ‘ingredient’ means any substance, including a food additive used in the manufacture or preparation of food and present in the final product, possibly in a modified form as per Section 3(1)(y) of Food Safety and Standards Act, 2006.
It cautioned that consumption of Gutkha, Pan Masala and other chewable products containing tobacco or nicotine as an ingredient and chewing tobacco products like Chaap Tobacco, Pure Tobacco, Khaini, Zarda, Scented/Flavoured Tobacco by whatsoever name called are unsafe and will endanger human health and well-being ultimately causing damage to the health of consumers.
As such the manufacture, storage, distribution or sale of these products are to be prohibited as per the Food Safety and Standards Act, 2006, it added.
It pointed out that the Supreme Court of India in its order dated September 23, 2016 passed in Central Areca-nut Marketing Corporation & Others Vs Union of India (Transfer Case (C) 1 of 2010) observed that to circumvent the ban on the sale of gutka, the manufacturers are selling pan masala (without tobacco) with flavoured chewing tobacco in separate sachets but often conjoint and sold together by the same vendors from the same premises, so that consumers can buy the pan masala and flavoured chewing tobacco and mix them both and consume the same.
Hence instead of the earlier ‘ready to consume mixes’, chewing tobacco companies are selling gutka in twin packs to be mixed as one, it noted.
The Supreme Court of India in view of the above has directed the concerned statutory authorities to comply with the above mandate of law of Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales), 2011 and directed the Secretaries, Health Department of all the States and Union Territories to ensure total compliance of the ban imposed on manufacturing and sale of Gutka and Pan Masala with tobacco and/or nicotine, it stated.
It maintained that under the law and in the interest of public health, Commissioner of Food Safety is responsible for prohibiting the manufacture, storage, distribution or sale of any article of food, which is unsafe and hazardous to health.
It added that the guiding principles to Implementation of the Food Safety and Standards Act, 2006 by the State Government are prescribed by the Section 18(1)(a) of the said Act.
