MANGALORE: The Kerala high court has struck down a ban on supply and sale of chewing tobacco and tobacco products by invoking the provisions of the Food Safety and Standards (FSS) Act, 2006.
Justice AM Shaffique ordered that state and commissioner of Food Safety had no right to take action against tobacco or tobacco products as chewing tobacco was not a food product.
Allowing the petition, the court observed that tobacco and tobacco products were not food as defined under section 3(J) of the Act and it was 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.
The Food Safety regulation permitted state governments to impose any restriction on any food products containing tobacco or nicotine, counsel for the petitioners stated.
Although it cannot prohibit the manufacture and sale of tobacco and tobacco products which cannot be considered as a food product, the judgement said.
The petitioners had alleged that while transporting chewing tobacco from Delhi, the vehicles were intercepted at the excise check-post at Walayar on June 2 last on the allegation that the sale of pan masala was prohibited in the state of Kerala and this move by the officials concerned was not correct as per law.
Though the dealers had represented that the ban on pan masala does not apply to chewing tobacco, the goods were not permitted to be brought to Kerala.
The traders had also contended that banning the manufacture, storage, sale or distribution of gutkha and pan masala containing tobacco or ingredients invoking the FSS Act, the prohibition does not apply to chewing tobacco, banned in Madhya Pradesh as well. The FSSAI regulation was issued on August 1, 2011.
Justice AM Shaffique ordered that state and commissioner of Food Safety had no right to take action against tobacco or tobacco products as chewing tobacco was not a food product.
Allowing the petition, the court observed that tobacco and tobacco products were not food as defined under section 3(J) of the Act and it was 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.
The Food Safety regulation permitted state governments to impose any restriction on any food products containing tobacco or nicotine, counsel for the petitioners stated.
Although it cannot prohibit the manufacture and sale of tobacco and tobacco products which cannot be considered as a food product, the judgement said.
The petitioners had alleged that while transporting chewing tobacco from Delhi, the vehicles were intercepted at the excise check-post at Walayar on June 2 last on the allegation that the sale of pan masala was prohibited in the state of Kerala and this move by the officials concerned was not correct as per law.
Though the dealers had represented that the ban on pan masala does not apply to chewing tobacco, the goods were not permitted to be brought to Kerala.
The traders had also contended that banning the manufacture, storage, sale or distribution of gutkha and pan masala containing tobacco or ingredients invoking the FSS Act, the prohibition does not apply to chewing tobacco, banned in Madhya Pradesh as well. The FSSAI regulation was issued on August 1, 2011.
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