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TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2018

[Price: Re. 0.80 Paise.

Part VI–Section 1

Notiﬁ cations of interest to the General Public issued by

Heads of Departments, etc.

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

DTP—VI-1 Ex. (184)

THE COMMISSIONER OF FOOD SAFETY AND DRUG ADMINISTRATION,

TAMIL NADU STATE.

BAN OF MANUFACTURE, STORAGE, TRANSPORT, DISTRIBUTION OR SALE OF CHEWABLE FOOD

PRODUCTS, GUTKHA, PANMASALA CONTAINING TOBACCO AND NICOTINE AS “INGREDIENTS” IN

THE STATE OF TAMIL NADU FOR A PERIOD OF ONE YEAR FROM 23^RD MAY 2018 UNDER THE FOOD

SAFETY AND DRUG ADMINISTRATION ORDER.

(No. 1418/2013/S8/FSSA)

No. VI(1)/184(a)/2018.

WHEREAS, Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales)

Regulations, 2011 made by the Food Safety and Standards Authority of India in exercise of the powers conferred

by clause (i) of subsection (2) of Section 92 read with Section 26 of Food Safety and Standards Act, 2006

(Central Act 34 of 2006) prohibit as tobacco and nicotine shall not be used as ingredients in any food products,

as they are injurious to health:

AND WHEREAS, any article of food as deﬁ ned in Section 3 (1) (j) of Food Safety and Standards Act 2006;

AND WHEREAS, “ingredient” means any substance, including a food additive used in the manufacture or

preparation of food and present in the ﬁ nal product, possibly in a modiﬁ ed form as per Section 3 (1) (y) of Food

Safety and Standards Act 2006, Rule 1.2.1 of the Food Safety and Standards (Prohibition and Restrictions on

Sales) Regulations, 2011;

AND WHEREAS, food containing tobacco and nicotine as “ingredient” are widely used now-a-days which are

easily available in different brand names for sale in the market. For which school students, children, younger,

coolies and hard labourers are affected and caused injurious to their health;

AND WHEREAS, Gutkha and Panmasala are food products in which tobacco and nicotine are widely used

as ingredients now-a-days;

AND WHEREAS, it is expedient to prohibit Gutkha and Panmasala in the State of Tamil Nadu, being food

products in which tobacco and nicotine are widely used as ingredients;

AND WHEREAS, consumption of the above such products will endanger human health and well being and

whereas, if consumption of these food articles is allowed without prohibition the well being of current and future

generation will be compromised and hence it has to be prohibited.

No. 184]

CHENNAI, WEDNESDAY, MAY 23, 2018

Vaikasi 9, Vilambi, Thiruvalluvar Aandu–2049

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The Hon’ble Supreme Court of India in Central ARECANUT Marketing Corporation and Others Vs Union

Of India (Transfer case (c) 1 of 2010 ) in its order dated 23-09-2016 observed that to circumvent the ban on

the sale of Gutkha, the manufacturers are selling panmasala (without tobacco) with ﬂ avoured 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 ﬂ avoured 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 Hon’ble Supreme Court of India in view of the above has directed the concerned statutory authorities

to comply with the above mandate of law of regulation 2.3.4 and directed the secretaries, health department of

all the states and union territories to ensure total compliance of the ban imposed on manufacturing and sale

of Gutkha and panmasala with tobacco and /or nicotine.

On compliance of the directions given by the Hon’ble Supreme Court of India, in its interim order dated

23-09-2016 in Transfer Case (Civil) No. 1/2010, The FSSAI’s issued a letter dated 5th October 2016 and

9th October, 2017 vide ﬁ le No. 13(25)2017/ Tobacco Issues/ RCD/FSSAI, The Secretary Department

Health and Family Welfare, Government of India issued a letter dated 5th December 2016 vide

D.O.No. 16019/2/2014-PH-I, and in pursuance of regulation 2.3.4 of the Food Safety and Standards (Prohibition

and Restrictions on Sales) Regulation, 2011, manufacture, storage, transport, distribution or sale of all food

products chewable or otherwise, which is either ﬂ avoured, scented or mixed with any of the said additives, and

whether going by the name or form of gutkha, panmasala, ﬂ avoured or scented chewable food products, by

whatsoever names called, whether packaged or unpackaged 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

which contains tobacco and /or nicotine as ingredients.

NOW THEREFORE, in exercise of the powers conferred by clause (a) of sub-section (2) of Section 30 of the

Food Safety and Standards Act, 2006 (Central Act 34 of 2006), the Commissioner of Food Safety of the State

of Tamil Nadu, in the interest of public health, hereby prohibits the manufacture, storage, transport, distribution

or sale of all food products chewable or otherwise which is either ﬂ avoured or scented or mixed with any of

the said additives, and whether going by the name or form of gutkha, panmasala, ﬂ avoured or scented food

products or chewable food products by whatsoever name called, whether packaged or unpackaged 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 and any other food products containing tobacco and/or nicotine as

ingredients, by whatsoever name it is available in the whole of the State of Tamil Nadu for a further period

of one year with effect from 23-05-2018.

Chennai-600 006,

P. AMUDHA,

23rd May 2018.

Commissioner of Food Safety.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU