ब

अ

बहार स

(सं

सं

सं0

0 पटना

पटना

पटना 933

933

933)

)

पटन

la0 FSC/22/2012/169—

x;k gS fd “The manufacture,

nut (beetelnut/supari ) whic

additives, and whether goi

tobacco , zarda, flavoured

whether packaged or unpac

separate products, sold or d

the consumer.” ij Áfrca/k gSA

2- bl laca/k easa mYys[kuh;

nqdku esa j[kk x;k gS] rks mu mRik

jkT; ls ckgj ys tkus ds fy, fnu

forjdks }kjk okil ysdj bUgsa jkT;

gq, le; lhek 14-11-2014 ls c<+kd

11-2014 ls ykxw gksxkA fcØh LFky

esa 28-11-14 rd gh dj ldsxsaA bl

ij mDr mRiknksa ij Áfrca/k ugha gS

HkaMkj.k] forj.k] ifjogu rFkk foØ;

3- mDr vkyksd esa

la[;k&FSC/22/2012/168, fnukad

िनबंधन

बहार

बहार गजट

गजट

असाधारण अंक

सरकार ारा ूकािश

26 काित क

काित क

काित क 1936

1936

1936 (श0)

ना

ना,

, सोमवार

सोमवार

सोमवार,

, 17

17 नव' ब

नव' ब

नव' बर 2014

2014

LokLF; foHkkx

&&&&&&&

dk;kZy; [kkn~; laj{kk vk;qDr

vkns'k

11 uoEcj 2014

—vkns'k la[;k &FSC/22/2012/167 fnukad 07-11-20

storage , distribution or sale of that type of tob

ch is either flavoured, scented or mixed with

ng by the name or form of panmasala ,flav

/scented supari or otherwise by whatsoeve

ckaged and / or sold as one product, or thou

distributed in such a manner so as to easily fac

; gS fd mi;ZqDr mRiknksa esa ls dksbZ Hkh mRikn fdlh nqdkun

knksa dks vkns'k la[;k FSC/22/2012/168 fnukad 07-11-

ukad 14-11-2014 rd vuqefr nh x;h FkhA bu mRiknksa dks

; dh lhek ls cgkj ys tkus esa gksusokyh O;ogkfjd dfBukbZ;

dj 28-11-2014 dh tkrh gS] vFkkZr~ ifjogu vkSj HkaMkj.k ij

ij HkaMkj.k oftZr jgsxk vFkkZr HkaMkj.k flQZ forjd@Fkksd

l njE;ku blls lacaf/kr O;kikjh vius eky dks mu jkT;ksa e

A blds i'pkr~ fnukad 29-11-14 ls 06-11-15 rd mi;qZDr m

; ij iw.kZr% izfrca/k jgsxkA

bl dk;kZy; ds vkns'k la[;k&FSC/22/2012/

d 07-11-2014 dks bl gn rd la'kksf/kr le>k tk,A

vku

[kkn~;

नसं या पी0ट*0-40

शत

014 esa vafdr fd;k

bacco and areca

any of the said

voured /scented

er name called,

gh packaged as

ilitate mixing by

nkj ds xksnke vFkok

2014 ds }kjk fcgkj

k [kqnjk foØsrkvksa ls

;ksa dks /;ku esa j[krs

j izfrca/k fnukad 29-

fcØsrk vius xksnke

esa ys tk ldsaxs tgka

mRiknksa dk fofuekZ.k]

167

,oa vkns'k

vkns'k ls]

uUn fd’kksj]

laj{kk vk;qDrA

बहार गजट (असाधारण), 17

17 नव' ब

नव' ब

नव' बर

र

र 2014

2014

OFFICE OF THE COMMISSIONER OF FOOD SAFETY

Government of Bihar, Patna

————

ORDER

The 7th November 2014

No. FSC/22/2012/167—WHEREAS, There is overwhelming evidence of harms

from using chewing products like pan masala, gutka, scented arecanut, and flavoured

tobacco products as additives in these like magnesium carbonate, aromatic

flavourings, and including traces of tobacco and nicotine. The Hon'able Supreme Court

has taken cognizance of the substantive evidence provided by the National Institute of

Health & Family Welfare, New Delhi in the Ankur Gutka vs. Indian Asthma Care Society

and Others (SLP Civil No: 16308/ 2007);

2. And WHEREAS, according to World Health Organization and Government of

India's report - The Global Adult Tobacco Survey (2010); Bihar is among the largest

consumer of tobacco with nearly 54% of the adult population using tobacco. The

problem of tobacco use in Bihar is unique in the sense that nearly 49% people use

tobacco in smokeless form or chewing tobacco. Many of these users are lifelong users

and global studies suggest that nearly one in two of these will die prematurely due to a

non-reversible tobacco-induced disease like cancers of the mouth, throat, larynx,

esophagus, pancreas, among other deadly diseases. Tobacco use robs families of

breadwinners and pushes them into poverty and destitution. According to a study

done by Government of India and Public Health Foundation of India (PHFI), the health

costs of treating diseases caused by tobacco use cost the Government of Bihar and its

people Rs. 1341 crores in the year 2011. Most of this is borne by the poor who are not

aware of the deadly effect of tobacco on health.

3. And WHEREAS, Tobacco, areca nut (beetelnut / supari), whether flavoured,

scented or mixed with other ingredients such as nicotine, heavy metals, anti-caking

agents (except to the extent specifically permitted as ingredients), silver leaf, binders,

flavours, scents, fragrances, prohibited chemicals, or any one of these ingredients (the

said ingredients are hereafter collectively or individually, as the context requires,

referred to as “the said additives”) are “food” under Section 3(j) of the Food Safety and

Standards Act, 2006;

बहार गजट (असाधारण), 17

17 नव' ब

नव' ब

नव' बर

र

र 2014

2014

4. And WHEREAS, The harmful effects of tobacco, areca nut (beetelnut), and

several of the additives, often found in the form of Gutka and Pan Masala, causes Acute

Hyper- magnesemia, cardiac arrest, oral sub mucous fibrosis, oral cancer, Leukoplakia,

Esophageal cancer, Stomach cancer, Metabolic abnormalities, reproductive health,

Gastro intestinal and respiratory diseases

5. And WHEREAS, It is one of the primary duties of the State, intar alia, to

improve public health, as a matter one of the directive principles as enshrined in the

article 47 of the Constitution of India and, whereas, it implicitly includes the concept of

provision of measures to be taken for prevention of deterioration of citizen’s health;

6. And WHEREAS, The Central and the State Governments and the Food Safety

Commissioner are required to follow certain principles under chapter III of Food

Safety and Standards Act, 2006, which includes an endeavour to achieve the

appropriate level of protection of human life and health [(Sec. 18)(1)(a)] and,

therefore, the conduct of these authorities is supposed to be always guided to tackle all

the measures to safeguard human life;

7. And WHEREAS, The Food Safety Commissioner has a power coupled with a

duty under Section 30(2) (a) of the Food Safety `and Standards Act 2006 (“FSSA 2006”)

to prohibit in the interest of public health, manufacture, storage, distribution or sale of

any article of food;

8. And WHEREAS, after general inquiry of various scientific reports and

opinions, it was noticed that Pan Masala, Flavoured / Scented Tobacco, Flavoured /

Scented Supari and similar products containing either tobacco or areca nut

(beetelnut), by whatsoever name called, cause immense damage to the health of

consumers and their adverse impact could also lead to extremely deleterious effects on

human health and well-being with consequential impact on society as well;

9. And WHEREAS, by Notification No. FSC/ 22 / 2012 / 144, Dated, 21^st May,

2014 issued u/s 30(2) of FSSA 2006, the Commissioner of Food Safety in Bihar state

had already prohibited the manufacture, storage, distribution or sale of Gutkha or Pan

Masala, containing either tobacco and/or nicotine as ingredients, by whatsoever name

these are available in the market and any other products marketed separately to

constitute as Gutkha or Pan Masala containing tobacco and nicotine etc. as final

products for one year;

बहार गजट (असाधारण), 17

17 नव' ब

नव' ब

नव' बर

र

र 2014

2014

10. And WHEREAS, A letter written by Special Secretary Government of India,

Ministry of Health and Family Welfare, New Delhi dated 21^st November 2012, to the

Chief Secretaries of different States, requesting them to implement the provisions of

the Food Safety and Standards Act, 2006 and the Regulations there under in the

greater public interest with particular reference to the banning of food products

containing tobacco and nicotine ;

11. And WHEREAS, The Central Government has prohibited products

containing tobacco and nicotine in Regulations 2.3.4 of the Food Safety and Standards

(Prohibition and Restrictions on sales) Regulations, 2011 and anti-caking agents

(beyond the extent permitted) under Regulation 3.1.7 of The Food Safety and

Standards (Food Products Standards and Food Additives) Regulations, 2011 ;

12. And WHEREAS, The said foods if consumed will endanger human health and

welfare and whereas if consumption of these foods is allowed without prohibition the

well being of current and future generations will be threatened ;

13. And WHEREAS, Indian Parliament has considered the importance of human

health and therefore made the Commissioner Food Safety accountable to prohibit in

the interest of public health the manufacture, storage, distribution or sale of any article

of food, and whereas I am duly authorized and duty bound under section 30(2)(a) to

make this order;

14. And WHEREAS,

(i) The State Government of Assam has banned the manufacturing,

advertisement, Trade, Storage, Distribution, Sale And Consumption of Zarda, Gutka,

Panmasala Etc. Containing Tabacco and / or Nicotine by memo No. LGI-22/2013/49

dated 11th February, 2014.

(ii) The State Government of Andhra Pradesh has banned the manufacturing,

Storage, distribution, sale of Gutka, Panmasala, Chewing Tabacco products like

Chap Tobacco, Pure Tobacco in sachets, Pouches, Khaini, Kharra, Scented Tabacco,

Flavoured Tabacco etc. by Notification No. 1378/F1/2013 dated 28 December,

2013.

(iii) Dadar Nagar Haveli has banned the manufacturing Storage, distribution

or sale of Chewing tabacco, with whatever names is may be known, such as Zarda

etc. by Memo No. DMHS/DNH/FSSA/2012/363/964 Silvassa dated 06-03-2013.

बहार गजट (असाधारण), 17

17 नव' ब

नव' ब

नव' बर

र

र 2014

2014

(iv) The State Government of Jammu & Kashmir has banned the

manufacturing, Storage, distribution, sale, tranportation, display or distribution of

Gutkha by whatever name and Pan Masala, Zarda containing tabacco or nicotine as

ingredients by whatsoever name with immediate effected by Meno No. SRO68

dated 06th March, 2013.

(v) The State Government of Manipur has banned the manufacturing,

Storage, Tranportation, distribution, display, sale and purchase of Gutkha, Khaini,

Zarda, Pan Masala and other chewable, smokeless tobacco products containing

tobacco or nicotine food ingredients as unsafe food injurious to health by Mome No.

15/52/88-M(FSSA) dated 26th February, 2013.

(vi) The State Government of Mizoram has banned the sale Gutkha, Pan

Masala, Zarda or other chewable Products Containing tobacco and nocotine by

Memo No. J.11011/28/2012-HFW dated-22th Aug., 2012.

(vii) The State Government of Punjab has banned the manufacturing, the

storage, the sale or the distribution of Gutkha and Pan Masala and any other food

products containing tobacco or Nicotine by Memo No. 11/10/12-3HB4/2524.

(viii) The State Government of Kerala has banned the manufacturing,

storage, the sale or the distribution of Gutkha and PanMasala Containing tobacco or

nicotine as ingredients, by whatsover name by Memo No. A/1327/2012/CFS dated

22-05-2012.

(ix) The State Government of West Bengal has banned the manufacture,

storage, distribution or sale of tobacco and areca nut (beetelnut / supari) which is

either flavoured, scented or mixed with any of the said additives, and whether going

by the name or form of gutka, pan masala, flavoured / scented tobacco, Zarda,

flavoured / scented supari or otherwise by whatsoever name called, whether

packaged or unpackaged and / or sold as one product, or though packaged as

separate products, containing tobacco and nicotine by Memo No. 112/HF/CFS/1M-

6/2012(Pt) dated 29th Sep., 2014. The Regulations 2.3.4 of the Food Safety and

Standards (Prohibition and Restrictions on sales) Regulations, 2011;

15. Therefore I, Anand Kishor, the Commissioner of Food Safety, Government

of Bihar, prohibit in the interest of public health for a period of one year from 7th

November, 2014, the manufacture, storage, distribution or sale of that tipe of

बहार गजट (असाधारण), 17

17 नव' ब

नव' ब

नव' बर

र

र 2014

2014

tobacco and areca nut (beetelnut / supari) which is either flavoured, scented or

mixed with any of the said additives, and whether going by the name or form of pan

masala, flavoured / scented tobacco, Zarda, flavoured / scented supari or otherwise

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.

By Order,

ANAND KISHOR,

Commissioner of Food Safety.

—————

अधी,क, सिचवालय मुिणालय,

बहार, पटना ारा ूकािशत एवं मु2ित।

बहार गजट (असाधारण) 933-571+10-ड*0ट*0पी0।

Website: http://egazette.bih.nic.in