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“Tobacco not food item, so FSSA & FSSR not applicable,” says Madras HC
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Friday, 23 June, 2017, 08 : 00 AM [IST]
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Ashwani Maindola, New Delhi
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Terming tobacco as a product in the non-food category, the Madras High Court has stated that the Food Safety and Standards Act (FSSA), 2006, and Regulations (FSSR), 2011, cannot be applied to the proceedings against tobacco manufacturers.
Instead, the High Court stated that another Act, the Cigarettes and Other Tobacco Products Act (COTPA), 2003, governed tobacco-based products, and would be applicable to such products.
The court gave an observation in a petition by Jayavilas Tobacco Traders, based in Tamil Nadu, against sampling done by the office of the Food Safety and Drug Control Department in the Viluppuram district of the southern state.
On October 5, 2016, samples of the tobacco products manufactured by the petitioner were collected by the district food safety officer (FSO) and found sub-standard.
However, the petitioner contended that tobacco doesn’t come under the FSSA, 2006.
Adding to its argument, the petitioner cited a similar case heard by the Madurai bench of the Madras High Court, wherein the court held that tobacco products could not be proceeded under the FSSR, 2011, as they were covered under COTPA, 2003.
The Madras High Court observed that the ratio laid by the Madurai Bench squarely applied to the present case. Therefore, the order of the FSO is liable to be set aside, as the present writ is covered by the decision of the Madurai bench.
Sanjay Bechen, executive director, Smokeless Tobacco Federation of India, said, “The High Court has issued an order, and it is applicable across, unless challenged in the Supreme Court.”
Meanwhile, it is pertinent to mention here that a petition is being heard by the apex court on the sale of pan masala and tobacco in separate pouches, thereby circumventing the ban on gutkha.
While the hearing is still on, the Supreme Court has directed the Food Safety and Standards Authority of India (FSSAI) to give its opinion about whether tobacco was a food product or a non-food product.
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