Government warns against sly sale of gutkha, tobacco products

JAIPUR: The health department has issued orders preventing the sale of products marketed separately to form gutkha or pan masala (containing tobacconicotine) as final product in the state.

Commissioner of food safety Dr B R Meena issued directions to all designated officers and food safety officers to ensure that the "manufacture, storage, distribution or sale of gutkha and pan masala (containing tobacconicotine) or any other product marketed separately to constitute gutkha or pan masala as final product, by whatsoever name called, whether packaged or unpackaged andor sold as one product, or though packaged as separate products, sold or distributed in such a manner so as to easily facilitate mixing by the consumer is prohibited in Rajasthan state".

The state had imposed a ban on the manufacture, storage, distribution and sale of gutkha and pan masala products (containing tobacco nicotine) in July 2012. But, despite the ban, tobacco and pan masala are available in separate pouches. A gutkha consumer can easily buy two separate pouches of tobacco and pan masala and mix them to form gutkha.

"The Supreme Court in Central Arecanut Marketing Corporation and Others Vs Union of India (Transfer Case (C) 1of 2010) in its order dated 23092016, observed that, to circumvent the ban on the sale of gutkha, the manufacturers are selling pan masala (without tobacco) with flavoured chewing tobacco in separate sachets but often conjoint and sold together by the same vendors from the same premises, so that consumers can buy the pan masala and flavoured chewing tobacco and mix them both and consume the same.Hence instead of the earlier "ready to consume mixes," chewing tobacco companies are selling gutkha in twin packs to be mixed as one," the order says.

It further stated that the Supreme Court had directed secretaries, health departments of all states and Union territories to ensure total compliance of the ban imposed on manufacturing and sale of gutkha and pan masala with tobacco nicotine. Complying with the Supreme Court's order, the health department issued directions on December 15 to prevent the sale of such products in the state.

"Gutkha and pan masala are unsafe food as they contain tobacco and nicotine as ingredients which is injurious to health and thus manufacture and sale of these products are banned as they are in contravention of the provisions of regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011," the health department's order stated.