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SC directs Centre & state govts to ensure implementation of gutkha ban
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Friday, 30 September, 2016, 08 : 00 AM [IST]
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Ashwani Maindola, New Delhi
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fiogf49gjkf0d fiogf49gjkf0d While hearing a petition by manufacturers and others on ban on gutkha, the Supreme Court has asked the Central and state governments to ensure strict implementation of the same. The court has also clarified that it has not granted any stay on FSS Regulations related to banning the use of nicotine and tobacco in eatables.
It was pointed out that Regulation 2.3.4 of the Food Safety and Standards (Prohibition & Restrictions on Sales) Regulations, 2011, was not stayed and the concerned authorities were duty bound to enforce the said regulation framed under Section 92 read with Section 26 of the Food Safety & Standards Act, 2006.
However a senior official with the apex food regulator FSSAI feels that there needs more clarity on the subject of jurisdiction of FSS Act. “There is uncertainty on the applicability of law. FSSAI is limited to the eatables or food products. Also there is ambiguity with respect to tobacco. While FSS Act doesn’t permit any use of nicotine or tobacco in eatables, there are gutkha products which people eat,” stated an officer with FSSAI, while commenting on the order.
The official stated that it was yet to be decided whether chewing tobacco fell under the ambit of FSS Act. And it is expected that the final verdict of Supreme Court in this case would resolve the issue.
FSSAI also issues licences to manufacturers of pan masalas, as standard product, without any tobacco or nicotine in it.
In this regard, the official pointed out that now, gutkha was not available openly but manufacturers found a way to sell - they offer two packages, one of pan masala and other of tobacco. The contents of the two packs are mixed and used.
An affidavit by health ministry to SC, explains, ‘To circumvent the ban on the sale of gutkha, the manufacturers are selling pan masala (without tobacco) with flavoured 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 flavoured 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.’
Meanwhile, in its order the court has asked the chief secretaries of the states and administrators of Union territories which have so far not issued notification in terms of 2006 Act to apprise the court with the reasons as to why they have not taken action as yet. They have been asked to file affidavits within four weeks on the issue of total compliance of ban imposed on manufacturing and sale of gutkha and pan masala with tobacco and/or nicotine.
Previously, the apex court held six hearings on the manufacturers' appeal in which amicus curiae Gopal Subramanian and government lawyer informed the court about the manner in which the companies had been circumventing its order of April 3, 2013, seeking compliance of ban, by issuing 'pan masala' in twin pouches.
The next hearing in the case has been set for Nov 9, 2016, by Justices V Gopala Gowda and Adarsh Kumar Goel.
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