CHANDIGARH: The Haryana government's decision to ban sale and purchase of tobacco products in the state, has come under the scanner of the Punjab and Haryana high court. On Wednesday, Justice Paramjeet Singh issued a notice to the state government to file a reply on the issue by October 14.
The court was hearing a bunch of petitions filed by Dharampal Satyapal Limited (DS Group), Trimurti Fragrances Private Limited (producers of Zafrani Zarda) and Smokeless Tobacco Association, a registered body of chewing tobacco manufacturers, traders, dealers and suppliers. The petitioners have challenged the September 3 order, imposing total ban on manufacturing and sale of chewable tobacco in the state.
The petitioners told the high court that the Haryana government order was without jurisdiction in terms of the Food Safety and Standards Act, 2006, and also in conflict with the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, which dealt with the provisions of manufacture and sale of all types of tobacco products.
They submitted that while passing the order, the Haryana government had failed to take cognizance of the fact that tobacco in any food was prohibited by the above regulation, which makes it very clear that tobacco was not a food product. The petitioners cannot be punished arbitrarily and be made to close their business of selling and manufacturing of chewable tobacco on the basis of presumption that chewable tobacco caused damage to health of consumers without getting corroborative evidence from any study being carried out by state of Haryana, they argued.
On September 3, state food and drugs administration department had issued notification, under which, sale and purchase of tobacco products was prohibited for one year in the interest of public health. The ban also includes mix of other ingredients such as heavy metals, anti-caking agents, except to the extent of specifically permitted as ingredients, silver leaf, binders, flavours, scents, fragrances, prohibited chemicals or any one of these ingredients.
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