A week after senior NCP leader and deputy chief minister Ajit Pawar said so, the state government is all set to ban gutka and paan masala across Maharashtra. It has been observed that consumption of such tobacco products is the main cause of oral cancer.
According to a senior public health bureaucrat, the government will invoke the provisions of the landmark Food Safety and Standards Act, 2006, to ban the products. "Under the act, the food safety commissioner has all powers to ban gutka and paan masala. But since this will be a major policy decision, it will be brought to the notice of chief minister Prithviraj Chavan and also Pawar. We are sure we will be able to enforce the ban as early as possible," he said.
Elaborating on the provisions of the act, the bureaucrat said that under section 30, the food safety commissioner has the powers to prohibit--in the interest of public health--the manufacture, storage, distribution and sale of any article of food either in the whole of the state or a part for a period not exceeding one year. But the act has a provision, called rule 2.3.4, according to which tobacco and nicotine should not be used as ingredients in any food products. This essentially means that tobacco products can be banned.
The bureaucrat said that in the wake of a protest lodged by anti-tobacco activists and also Ajit Pawar's commitment, a comprehensive proposal to ban gutka and pan masala had been submitted to the government. "It is the responsibility of the food safety commissioner to enforce the ban in letter and spirit. Once the proposal is approved, all measures will be taken to prevent the sale of gutka and pan masala across the state."
On the financial implications of the decision, the bureaucrat said that the state garnered well over Rs 100 crore by way of sales tax on gutka and pan masala.
A decade ago, the government had invoked provisions of the Prevention of Food Adulteration Act, 1954, to ban the two products on similar grounds. Subsequently, more than a dozen manufacturers of the products had shifted their units to neighbouring states. A section of manufacturers had even challenged the ban in the Bombay high court and the Supreme Court.
Now that this act has been repealed, and a new law has come into force (on August 5, 2011) it has been proposed to invoke it to ban gutka. "We have carefully studied the ban order promulgated by Madhya Pradesh and Kerala. We will ensure that there are no loopholes in our proposal," the bureaucrat said. "Simultaneously, we will study the observation of the apex court, which has made it clear that tobacco and nicotine shall not be used as ingredients in any food products. Our information is that the court has stated that gukta and pan masala are food products."
According to a senior public health bureaucrat, the government will invoke the provisions of the landmark Food Safety and Standards Act, 2006, to ban the products. "Under the act, the food safety commissioner has all powers to ban gutka and paan masala. But since this will be a major policy decision, it will be brought to the notice of chief minister Prithviraj Chavan and also Pawar. We are sure we will be able to enforce the ban as early as possible," he said.
Elaborating on the provisions of the act, the bureaucrat said that under section 30, the food safety commissioner has the powers to prohibit--in the interest of public health--the manufacture, storage, distribution and sale of any article of food either in the whole of the state or a part for a period not exceeding one year. But the act has a provision, called rule 2.3.4, according to which tobacco and nicotine should not be used as ingredients in any food products. This essentially means that tobacco products can be banned.
The bureaucrat said that in the wake of a protest lodged by anti-tobacco activists and also Ajit Pawar's commitment, a comprehensive proposal to ban gutka and pan masala had been submitted to the government. "It is the responsibility of the food safety commissioner to enforce the ban in letter and spirit. Once the proposal is approved, all measures will be taken to prevent the sale of gutka and pan masala across the state."
On the financial implications of the decision, the bureaucrat said that the state garnered well over Rs 100 crore by way of sales tax on gutka and pan masala.
A decade ago, the government had invoked provisions of the Prevention of Food Adulteration Act, 1954, to ban the two products on similar grounds. Subsequently, more than a dozen manufacturers of the products had shifted their units to neighbouring states. A section of manufacturers had even challenged the ban in the Bombay high court and the Supreme Court.
Now that this act has been repealed, and a new law has come into force (on August 5, 2011) it has been proposed to invoke it to ban gutka. "We have carefully studied the ban order promulgated by Madhya Pradesh and Kerala. We will ensure that there are no loopholes in our proposal," the bureaucrat said. "Simultaneously, we will study the observation of the apex court, which has made it clear that tobacco and nicotine shall not be used as ingredients in any food products. Our information is that the court has stated that gukta and pan masala are food products."
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