May 7, 2013

Pictorial Warnings on Tobacco Product Packs

The new pictorial health warnings have been notified vide G.S.R - 724 (E) dated, 27th September, 2012 and have come into effect from 1st April, 2013. Three sets of warnings each have been notified for smoking and smokeless forms of tobacco respectively.
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 food product should not contain any substance which is injurious to health and that tobacco or nicotine shall not be used as ingredients in any food products.
So far, 29 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, Assam and West Bengal)
The Supreme Court, through its order dated 03.04.2013 has issued notice to the Chief Secretaries of the States and Administrators of the Union Territories, which have so far not issued notification in terms of the Food Safety & Standards Act 2006, to apprise the court with the reasons as to why they have not taken action pursuant to the letter dated 27.8.2012 issued in this regard by the Ministry of Health & Family Welfare. The Hon’ble Supreme Court also directed the Health Secretaries of 23 States and 5 Union Territories, who have issued notification in terms of the Food Safety & Standards Act 2006 for imposing complete ban on Gutka and Pan Masala with tobacco and/or nicotine, to file their affidavits within four weeks on the issue of total compliance of the ban imposed on the manufacturing and sale of gutkha and pan masala with tobacco and/or nicotine.
The matter is likely to be taken up again by the Hon’ble Supreme Court on 3rd may, 2013.
This information was given by the Minister for Health & Family Welfare Shri Ghulam Nabi Azad, in written reply to a question in the Rajya Sabha today.

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