Prohibition of Gutkha, Panmasala and Tobacco or Nicotine Food Products
The Commissioner of Food Safety of the State of Tamil Nadu, under the Health and Family Welfare Department, issued order No. 1418/2013/S1/FSSA on May 23, 2013, prohibiting the manufacture, storage, distribution and sale of gutkha, panmasala and other food products containing tobacco or nicotine throughout Tamil Nadu. The prohibition applies for one year from the date of issue and concerns food safety, not land ownership or property rights.
What the notification does
Order No. 1418/2013/S1/FSSA, dated May 23, 2013, was issued by the Commissioner of Food Safety of the State of Tamil Nadu, through the Office of the Commissioner of Food Safety and Drug Administration under the Health and Family Welfare Department. It prohibits specified food products across the whole of Tamil Nadu for one year from the date on which the order was issued.
The notification was published in the Tamil Nadu Government Gazette Extraordinary as No. II(2)/HFW/391(a)/2013.
Products and activities covered
The statewide prohibition covers:
- Gutkha.
- Panmasala.
- Any other food product containing tobacco or nicotine as an ingredient, regardless of the name under which it is sold in the market.
For these products, the following activities are prohibited:
- Manufacture.
- Storage.
- Distribution.
- Sale.
The wording is broad enough to cover products marketed under different names when they are food products containing tobacco or nicotine.
Legal and public health basis
The Commissioner of Food Safety relied on the Food Safety and Standards Act, 2006, to impose the prohibition in the interest of public health. The notification also refers to the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011.
Those regulations provide that tobacco and nicotine must not be used as ingredients in food products because they are injurious to health. The notification identifies gutkha and panmasala as food products in which tobacco and nicotine were widely used as ingredients.
Who is affected
Order No. 1418/2013/S1/FSSA affects anyone manufacturing, storing, distributing or selling the covered products anywhere in Tamil Nadu. This can include businesses or individuals keeping such products at commercial premises, shops, warehouses or distribution locations.
The notification does not change land classification, ownership, title, planning permission or property registration. Its relevance to a property owner or occupier arises only where the premises are used to manufacture, store, distribute or sell the prohibited products.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the prohibition apply throughout Tamil Nadu?
Yes. Order No. 1418/2013/S1/FSSA applies to the whole of the State of Tamil Nadu.
How long did the prohibition last?
The notification imposed the prohibition for one year from May 23, 2013, the date on which the order was issued.
Does the notification cover products sold under names other than gutkha or panmasala?
Yes. It covers any food product containing tobacco or nicotine as an ingredient, whatever name it has in the market.
Does the notification affect my land title or property registration?
The notification does not regulate land title or property registration. It prohibits the manufacture, storage, distribution and sale of specified food products, including when those activities take place at premises in Tamil Nadu.
