The B

PUBLI

(NO.PATNA 1279) PA

OFFICE OF TH

NO : FSC/22/2012-1

using chewing products like pan

additives in these like magnesiu

and nicotine. The Hon'able S

provided by the National Institu

Indian Asthma Care Society and

And WHEREAS, ac

report - The Global Adult Toba

with nearly 54% of the adult p

unique in the sense that nearly

Many of these users are lifelong

die prematurely due to a non-re

larynx, esophagus, pancreas,

breadwinners and pushes them

Government of India and Publ

diseases caused by tobacco use

year 2011. Most of this is born

health.

And WHEREAS, To

mixed with other ingredients

extent specifically permitted a

prohibited chemicals, or any on

REGISTERED

Bihar Gazett

XTRA ORDINARY

SHED BY AUTHORITY

2 AGRAHAYANA1937(S)

ATNA, MONDAY, 23^RD NOVEMBER 2

HE FOOD SAFETY COMMISSIONER, BIHAR

————

ORDER

The 6^th November 2015

268—WHEREAS, There is overwhelming evidenc

n masala, gutka, scented arecanut, and flavoured tob

um carbonate, aromatic flavourings, and including t

upreme Court has taken cognizance of the subst

ute of Health & Family Welfare, New Delhi in the A

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

cording to World Health Organization and Govern

acco Survey (2010); Bihar is among the largest cons

population using tobacco. The problem of tobacco

y 49% people use tobacco in smokeless form or c

g users and global studies suggest that nearly one in

eversible tobacco-induced disease like cancers of th

among other deadly diseases. Tobacco use ro

m into poverty and destitution. According to a

lic Health Foundation of India (PHFI), the health

cost the Government of Bihar and its people Rs. 13

ne by the poor who are not aware of the deadly effe

obacco, areca nut (beetelnut / supari), whether flavo

such as nicotine, heavy metals, anti-caking agent

as ingredients), silver leaf, binders, flavours, sce

ne of these ingredients (the said ingredients are herea

NO. PT.-40

tetetete

2015

ce of harms from

bacco products as

traces of tobacco

tantive evidence

Ankur Gutka vs.

nment of India's

sumer of tobacco

o use in Bihar is

hewing tobacco.

two of these will

he mouth, throat,

obs families of

study done by

costs of treating

341 crores in the

ect of tobacco on

oured, scented or

s (except to the

ents, fragrances,

after collectively

BIHAR GAZETTE (EXTRA) 23RD NOVEMBER 2015

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;

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

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;

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;

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;

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;

And WHEREAS, by Notification No. FSC/ 22 / 2012 / 221, Dated, 8^th May, 2015 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;

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

dated11th 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,

BIHAR GAZETTE (EXTRA), 23RD NOVEMBER 2015

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.

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

Storage, distribution, sale, transportation, 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 Memo No. SRO68

dated-06th March, 2013.

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

Transportationa, 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 nocotime 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, Brijesh Mehrotra, the Commissioner of Food Safety, Government of Bihar,

prohibit in the interest of public health for a period of one year from 7th November, 2015, the

manufacture, storage, distribution or sale of that tipe 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 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,

BRIJESH MEHROTRA,

Commissioner of Food Safety.

————

PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 1279—571+10—Egazette

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