Ban of Manufacture, Storage, Sale or Distribution of Panmasala, Gutkha Containing Tobacco and Nicotine as Ingredients in the State of Tamil Nadu for Further Period of One Year from 23rd May 2017
The Commissioner of Food Safety and Drug Administration, Tamil Nadu issued Order No. 1418/2013/S1/FSSA, published as Notification No. VI(1)/155(a)/2017 on 23 May 2017, prohibiting specified tobacco or nicotine containing food products throughout Tamil Nadu. The prohibition covered manufacture, storage, transport, distribution and sale for a further period of one year from 23 May 2017.
What the notification does
The Commissioner of Food Safety and Drug Administration, Tamil Nadu prohibited the manufacture, storage, transport, distribution and sale of Gutkha, Panmasala, Chewing Tobacco and any other food product containing tobacco or nicotine as an ingredient. The prohibition applied throughout Tamil Nadu for a further period of one year from 23 May 2017.
The notification was issued as Order No. 1418/2013/S1/FSSA and published as Notification No. VI(1)/155(a)/2017 in the Tamil Nadu Government Gazette Extraordinary dated 23 May 2017.
Products and activities covered
The prohibition applied regardless of the name under which a covered product was available in the market. It covered:
- Gutkha containing tobacco or nicotine.
- Panmasala containing tobacco or nicotine.
- Chewing Tobacco.
- Any other food product containing tobacco or nicotine as an ingredient.
- Manufacture, storage, transport, distribution and sale of those products.
Reason for the prohibition
The Commissioner relied on the Food Safety and Standards Act, 2006 and the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011. The notification states that tobacco and nicotine must not be used as ingredients in food products because they are injurious to health.
The notification also describes Chewing Tobacco as being processed with eatables and intended to be kept inside the mouth and chewed. It states that chewing allows chemicals to enter saliva and become part of the human digestive system, endangering health and well-being. The prohibition was imposed in the interest of public health and to protect current and future generations.
Who may be affected
The statewide prohibition directly affected anyone manufacturing, storing, transporting, distributing or selling the covered products during the stated period. A property owner, buyer or occupier could be affected if premises in Tamil Nadu were used to store, manufacture, distribute or sell such products.
The notification does not create or change land ownership, planning permission, building approval or land use classification. Its connection to property is limited to prohibited product-related activities carried out at premises.
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Common questions
Did the notification apply across all of Tamil Nadu?
Yes. The prohibition applied throughout the State of Tamil Nadu.
Was only the sale of Gutkha and Panmasala prohibited?
No. The prohibition covered manufacture, storage, transport, distribution and sale of Gutkha, Panmasala, Chewing Tobacco and other food products containing tobacco or nicotine.
How long did the prohibition apply?
It applied for a further period of one year with effect from 23 May 2017.
Does the notification change my land ownership or land use classification?
No such change is stated. The notification regulates specified tobacco or nicotine containing food products, including their storage and sale, rather than land ownership or land use classification.
