The state government on Thursday approached the Kerala High Court
challenging a single judge’s order which held that ‘chewing tobacco’ is
not an item of food coming within the purview of the Food Safety and
Standards Act, 2006.
The Single Judge found that since under the Regulation of the Food Safety and Standards (Prohibition and Restriction of Sales) Regulation, 2011, prohibits only the storage, sale or distribution of food products containing tobacco as an ingredient, so the authorities have no right to ban the sale of ‘chewing tobacco’. The court had also observed that tobacco and tobacco products are not food as defined under section 3 (J) of the Act, and it is not a food product as specified in the Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulation, 2011.
Appearing for the state, Special Government Pleader Tom K Thomas submitted that the findings of the Single Judge are contrary to the provisions of the law and principles laid down by the Supreme Court. “Chewing tobacco is not a food product is an incorrect finding. It is a food item containing tobacco, which is prohibited under the Food Safety Act. The quantity of tobacco, lime, aromatic spices are not specified in the label,” he submitted.
It further submitted that the person who eats ‘chewing tobacco’ consumes the essence derived out of chewing to get the desired result. Therefore, ‘chewing tobacco’ is essentially a food product and the findings by Single Judge is unsustainable.
The Single Judge found that since under the Regulation of the Food Safety and Standards (Prohibition and Restriction of Sales) Regulation, 2011, prohibits only the storage, sale or distribution of food products containing tobacco as an ingredient, so the authorities have no right to ban the sale of ‘chewing tobacco’. The court had also observed that tobacco and tobacco products are not food as defined under section 3 (J) of the Act, and it is not a food product as specified in the Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulation, 2011.
Appearing for the state, Special Government Pleader Tom K Thomas submitted that the findings of the Single Judge are contrary to the provisions of the law and principles laid down by the Supreme Court. “Chewing tobacco is not a food product is an incorrect finding. It is a food item containing tobacco, which is prohibited under the Food Safety Act. The quantity of tobacco, lime, aromatic spices are not specified in the label,” he submitted.
It further submitted that the person who eats ‘chewing tobacco’ consumes the essence derived out of chewing to get the desired result. Therefore, ‘chewing tobacco’ is essentially a food product and the findings by Single Judge is unsustainable.
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