TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2022

[Price: Re. 0.80 Paise.

No. 290]

CHENNAI, MONDAY, MAY 23, 2022

Vaikasi 9, Subakiruthu, Thiruvalluvar Aandu-2053

DTP—Ex-VI-1 (290)

Part VI—Section 1

Notifications of interest to the General Public

issued by Heads of Departments, Etc.

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

[1]

THE COMMISSIONER OF FOOD SAFETY AND DRUG ADMINISTRATION, TAMIL NADU

Ban of Manufacture, Storage, Transport, Distribution, or Sale of Chewable Food Products, Gutkha, Pan Masala,

Containing Tobacco and Nicotine as "Ingredients" in the State of Tamil Nadu for a Period of One Year from

23rd May 2022 under The Food Safety and Drug Administration Order.

(No. 1418/2013/S11/FSD)

No. VI(1)/231(c)/2022.

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 sub-section

(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 aﬀ ected and caused injurious to their health;

AND WHEREAS, Gutkha and Pan masala 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.

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 pan masala (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 Pan masala 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 gutka, pan masala, 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, pan masala, 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

eﬀ ect from 23.05.2022.

P. SENTHILKUMAR,

Commissioner of Food Safety (FAC),

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

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU