Tobacco ban across India

Gutkha and similar other food products containing nicotine and tobacco have been banned across the country as per Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 dated 1st August 2011, issued under the Food Safety and Standards Act, 2006.

The laid down regulation 2.3.4 states that-- “Product not to contain any substance which may be injurious to health: Tobacco and nicotine shall not be used as ingredients in any food products”.

In a written reply to the Lok Sabha on Monday, union minister for Health and Family Welfare, Ghulam Nabi Azad said, so far 33 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. 

The states are-- 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 , West Bengal, Tripura, Tamil Nadu, Karnataka and Puducherry.

Enforcement and implementation of the regulation lies with the commissioners of Food Safety under the state governments, as per the provisions of Food Safety & Standards Act 2006.

SC had earlier directed all health secretaries of 28 States/UT’s who had till then issued orders for implementation of the Food Safety Regulations, to file affidavits on the issue of compliance of ban imposed on manufacturing and sale of gutkha and pan masala with tobacco and/or nicotine.