NEW DELHI: The Union health ministry has asked states to enforce ban on manufacture as well as sale of pan masala containing nicotine or tobacco irrespective of whether it is available as one product or sold by mixing with other ingredients.
"I request you to please get the necessary orders passed in compliance of the Supreme Court direction/order dated 23.09.2016 and ensure that the manufacture, storage, distribution or sale of gutka and pan masala (containing tobacco or nicotine) and any other products marketed separately...
"...having tobacco or nicotine in the final product by whatever name called, whether packaged or un-packaged and/or 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 your jurisdiction," Union Health secretary C K Mishra wrote in his letter to state governments.
He said that in this context that states such as Bihar, Karnataka, Mizoram, Kerala and Madhya Pradesh have already issued orders in compliance of the Supreme Court order.
In his letter, he noted that tobacco use is the foremost preventable cause of death and disease globally as well as in lndia and said that as per the Global Audit Tobacco Survey - lndia (GATS) 2010, smokeless tobacco or chewing forms are the most prevalent forms with 206 million lndians using it.
"As such the consequent burden of mortality and morbidity due to consumption of smokeless tobacco is very high in lndia. Available evidence suggests that lndia shares the maximum burden of oral cancer in the World," he wrote.
He said that in order to circumvent the ban on the sale of gutka, the manufacturers are selling pan masala (without tobacco) with flavoured chewing tobacco in separate sachets'.
Often these sachets are 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 and consume the same.
Hence, instead of the earlier "ready to consume mixes", chewing tobacco companies are selling gutka in twin packs to be mixed as one, he said.
The Food Safety Standards Authority of India (FSSAI) has issued the Food Safety and Standards (Prohibition and Restrictions on sales) Regulations, 2011 in exercise of power conferred under the Food Safety and standards Act, 2006.
According to its regulation, tobacco and nicotine shall not be used as ingredients in any food products and it bans sale of all food products where tobacco is present as ingredient in the final product, whether going by the name of gutka, pan masala or zarda.
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