SC must act against gutka manufacturers

The Goa FDA will launch a State-wide drive to ensure strict implementation of the ban on manufacture and sale of gutka, paan masala and other tobacco products. 

Goa to file plea in apex court seeking strict implementation of the ban in other States

Goa is set to file a plea in Supreme Court seeking directions to other States to implement ban on manufacture of tobacco products.

Goa is the only State where two instruments of ban notification are available to authorities to tackle the menace of tobacco consumption.

Salim Veljee, director of Foods and Drugs Administration (FDA), Goa, told The Hindu on Saturday that these products are predominantly manufactured in Karnataka, Rajasthan, Madhya Pradesh and Odisha.

“We will file a plea before Supreme Court to direct these states to implement the ban on manufacturing itself to tackle smuggling of the products from across the State borders,” he said.

He pointed out that as per the provisions of the Food Safety and Standards Act, 2006, read with Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, the apex court has asked all States and Union Territories to implement, what is actually banned as “manufacture, storage, distribution and sale of gutka or paan masala by whatever name called containing tobacco and nicotine as an ingredient and also includes chewing tobacco products like chaap tobacco, pure tobacco, Khaini, chaini, scented tobacco, flavoured tobacco, zarda, etc., packed in packets\ pouches\sachets \containers,etc., by whatever name called and other products marketed separately by whatever name called.”

Twin notifications

Mr. Veljee said following a recent notification in Goa, while only FDA officials can act under the Food Safety, as per the Goa Public Heath (Amendment) Act, 2005, other agencies including police, mamlatdars, and deputy collectors can also act to implement the ban. However, this ban is confined to tobacco products like gutka only.

He said with these multiple agencies in place, the FDA has decided to launch a State-wide drive to ensure strict implementation of the ban.

Mr. Veljee further pointed out that framers of the legislation have taken due care in the ban notification under the Food Safety and Standards Act(FSSA) of the practice adopted by manufacturers of gutka to distribute and sell the pan masala component (without tobacco) separately, along with the sachet of chewing tobacco.

Mr. Veljee said the tobacco products enter Goa through vegetable-sellers and other vendors coming from Maharashtra and Karnataka and have become a problem for enforcement agencies at all four border check posts in the State.

“With this double ban in place, now our message to all such vendors is very clear. Their mischief will not be entertained or allowed and all such plain tobacco/scented tobacco/chewing tobacco by whatever name called will also be covered under the food safety ban, which has been issued as a part of the Supreme Court directives of September 23, 2016 in the case of Civil Appeal No. 16308 of 2007,” he said. Next week will see a state-wide drive by the FDA to ensure strict implementation of ban.