Over a year after the State government decided to ban gutka, sellers and buyers have found a way to defy the ban by finding a loophole in the law. With gutka packets being seized by surveillance officers entrusted with the task of enforcing the ban, separate packets of tobacco and arecanut are being sold. A roadside tea stall owner said gutka consumers buy both packs, mix them and make their own gutka.
The State government banned the sale and manufacture of gutka and paan masala under the regulations of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011.
Sections of the Act specify that anyone who manufactures, sells, stores or distributes products with an adulterant that is injurious to health will be penalised up to Rs. 10 lakh, and those selling products with an adulterant not injurious to health will be slapped with a penalty of Rs. 2 lakh. The person is liable to a jail term of seven years or even a life term if anyone who consumes the product dies.
However, sources in the Health Department pointed out that sale of chewable tobacco is not covered under the law. “People are taking advantage of this loophole and selling the two separately,” an official said.
Sources also pointed out that the former Union Health Minister Harshvardhan had sent out circulars to Chief Ministers of all States to ban chewable tobacco, and if it is implemented, this lacunae in the gutka ban could be taken care of.
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