Ban of Manufacture, Storage, Transport, Distribution, or Sale of Chewable Food Products, Gutkha, Panmasala, Containing Tobacco and Nicotine as Ingredients in the State of Tamil Nadu for a Period of One Year from 23rd May 2021 under the Food Safety and Drug Administration Order
The Commissioner of Food Safety and Drug Administration, Tamil Nadu, issued this notification dated 23 May 2021 to renew for one year the statewide ban on manufacturing, storing, transporting, distributing or selling food products containing tobacco or nicotine as ingredients. The ban applies from 23 May 2021 and covers products such as gutkha and pan masala, including separately packaged products sold in a way that facilitates mixing by consumers.
What the notification does
The notification issued by the Commissioner of Food Safety and Drug Administration, Tamil Nadu, dated 23 May 2021, prohibits specified food products throughout Tamil Nadu for a further period of one year from 23 May 2021. It relies on the Food Safety and Standards Act, 2006, and the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011.
The stated purpose is to protect public health. The notification says that food products containing tobacco or nicotine are injurious to health and identifies gutkha and pan masala as products in which these substances are widely used as ingredients.
Products and activities covered
The statewide prohibition covers:
- Manufacturing, storing, transporting, distributing or selling covered food products.
- Gutkha, pan masala and other flavoured, scented or chewable food products containing tobacco or nicotine as ingredients.
- Products sold under any name, whether packaged or unpackaged.
- Products sold as a single product.
- Separate products sold or distributed in a way that makes it easy for consumers to mix them.
- Chewable or other food products mixed with the additives described in the notification.
The notification explains that manufacturers had sold pan masala without tobacco and flavoured chewing tobacco in separate sachets, sometimes together, allowing consumers to mix them. The prohibition therefore extends beyond ready-to-consume mixtures and includes this separate-pack arrangement.
Who is affected
The prohibition affects anyone involved in the manufacture, storage, transport, distribution or sale of the covered products anywhere in Tamil Nadu. It also affects vendors selling separate packs that facilitate mixing tobacco or nicotine with another food product.
Property buyers and owners are not directly affected merely because they own or purchase land or buildings. However, a person using premises to manufacture, store, distribute or sell the covered products falls within the activities prohibited by the notification.
Period and geographic scope
The prohibition applies across the whole State of Tamil Nadu for one year with effect from 23 May 2021. The source describes this as a further period of one year.
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Common questions
Does this notification impose any restriction on buying or owning land in Tamil Nadu?
No land purchase or ownership restriction is stated. The notification concerns the manufacture, storage, transport, distribution and sale of food products containing tobacco or nicotine.
Can gutkha or pan masala containing tobacco or nicotine be stored in commercial premises?
No. The Commissioner of Food Safety and Drug Administration, Tamil Nadu, prohibited storage of the covered products throughout Tamil Nadu for the stated one-year period.
Does the ban apply when pan masala and chewing tobacco are sold in separate packets?
Yes, if the separate products are sold or distributed in a way that easily facilitates mixing by the consumer. The notification expressly covers this arrangement.
How long did the prohibition apply under this notification?
It applied for a further period of one year with effect from 23 May 2021.