Mar 12, 2013

Complete Ban of Tobacco Products

The Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 dated 1st August 2011, issued under the Food Safety and Standards Act, 2006, lays down that tobacco and nicotine shall not be used as ingredients in any food products.

Currently, 28 States/UT’s have issued orders for implementation of the Food Safety Regulations banning manufacture, sale and storage of Gutka and Pan Masala containing tobacco or nicotine. (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, J&K and Assam). Other forms of tobacco including cigarette and bidi etc. are regulated by the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act,” (COTPA), which regulates consumption, production, supply and distribution of tobacco products, by imposing restrictions on advertisement, promotion and sponsorship of tobacco products; prohibiting smoking in public places; prohibiting sale to and by minors, prohibiting sale within a radius of 100 yards of educational institutions and through mandatory depiction of specified pictorial health warnings on all tobacco product packs.

It is a fact that cancer related diseases are increasing day-by-day due to excessive use of tobacco. As per the data collected by Indian Council of Medical Research (ICMR) through National Cancer Registry Programme the number of cancers of mouth, tongue and pharynx during the year 2008, 2009 and 2010 was 66,129; 68,160 & 170,261 respectively.

The Food Safety & Standards Act 2006 and the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 dated 1st August 2011 issued thereunder, imposing a ban on food products containing tobacco or nicotine, are central enactments. Enforcement and implementation of this regulation, however, lies with the Commissioners of Food Safety under the state governments, as per the provisions of Food Safety & Standards Act 2006.

The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act,” (COTPA), is also a central enactment. Enforcement of the provisions thereof lies with the officers authorized for this purpose by the Central Government as well as State Governments.

This information was given by Minister for Health & Family Welfare Shri Ghulam Nabi Azad in written reply to a question in the Rajya Sabha today.

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