REGISTERED NO. PT.-40
The Bihar Gazette
The Bihar Gazette
The Bihar Gazette
The Bihar Gazette
EXTRA ORDINARY
PUBLISHED BY AUTHORITY
26 BHADRA 1942(S)
(NO.PATNA 590) PATNA, THURSDAY, 17TH SEPTEMBER 2020
[kk| la
k| la
k| la
k| laj{kk
{kk
{kk
{kk vk;qDr dk dk;kZy;
vk;qDr dk dk;kZy;
vk;qDr dk dk;kZy;
vk;qDr dk dk;kZy;
———
Order
17th September 2020
No. FSC/22/2012-1078(15)—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 of the Food Safety and Standards Act, 2006 (Cenral Act 34 of
2006) read with section 26 thereof, prohibits article of food in which tobacco and nicotine
are used as ingredients as they are injurious to health;
AND WHEREAS, Hon’ble Apex Court in the matter Transfer Case (Civil) No:
1/2010 in its order dated: 23.09.2016 directed the Secretaries of the Health Department of
all the states to ensure total compliance of ban imposed on manufacturing and sale of
Gutkha and Pan Masala with tobacco and/or nicotine.
AND WHEREAS, Gutkha and Pan Masala are article of food in which tobacco and
nicotine are widely used as ingredients now-a-days;
AND WHEREAS, it is expedient to prohibit Gutkha and Pan Masala containing
tobacco and nicotine in the State of Bihar , being food products in which tobacco and
nicotine are widely used as ingredients;
AND WHEREAS, The Commissioner of Food Safety of the State is empowered
under Section 30 (2) (a) of the Food Safety and Standards Act, 2006 to prohibit for one year,
in the interest of public health, the manufacture, storage, distribution, transportation, display
or sale of any article of food in the whole of State.
AND WHEREAS, it is one of the primary duties of the State, inter alia, to improve
public health, as a matter one of the directive principles as enshrined in the article 47 of the