Ban of Manufacture, Storage, Transport, Distribution, or Sale of Chewable Food Products, Gutkha, Pan Masala, Containing Tobacco and Nicotine as "Ingredients" in the State of Tamil Nadu for a Period of One Year from 23rd May 2022 under The Food Safety and Drug Administration Order
The Commissioner of Food Safety and Drug Administration, Tamil Nadu issued Food Safety and Drug Administration Order No. 1418/2013/S11/FSD, published on May 23, 2022, continuing for one year a statewide ban on manufacturing, storing, transporting, distributing or selling food products containing tobacco or nicotine as ingredients. The ban covers gutkha, pan masala and other flavoured, scented or chewable food products, including separate packs supplied in a way that allows consumers to mix them.
What the notification does
Food Safety and Drug Administration Order No. 1418/2013/S11/FSD, issued by the Commissioner of Food Safety and Drug Administration, Tamil Nadu and published on May 23, 2022, prohibits specified food products throughout Tamil Nadu for a further period of one year with effect from May 23, 2022. The prohibited activities are manufacture, storage, transport, distribution and sale.
The notification concerns food safety and public health. It does not establish rules for land ownership, property registration, planning permission or land use.
Products covered
Food Safety and Drug Administration Order No. 1418/2013/S11/FSD applies to food products containing tobacco or nicotine as ingredients, whether chewable or otherwise. Its coverage includes:
- Gutkha and pan masala containing tobacco or nicotine.
- Flavoured or scented food products containing tobacco or nicotine.
- Chewable food products sold under any name.
- Packaged and unpackaged products.
- Products sold as a single item.
- Separate products sold or distributed in a way that makes it easy for the consumer to mix them.
The wording is not limited to a particular brand name or product form.
Who is affected
Food Safety and Drug Administration Order No. 1418/2013/S11/FSD affects anyone manufacturing, storing, transporting, distributing or selling the covered products anywhere in Tamil Nadu. It also covers vendors supplying pan masala and flavoured chewing tobacco in separate packs when the arrangement facilitates mixing by the consumer.
A property owner or buyer is not directly regulated merely because they own or purchase land. The notification may be relevant where premises are used for any of the prohibited commercial activities.
Reason and legal basis
The Commissioner of Food Safety and Drug Administration, Tamil Nadu states that tobacco and nicotine must not be used as ingredients in food because they are injurious to health. The notification identifies school students, children, younger people, coolies and hard labourers among those affected by the availability of these products.
The notification also records the Supreme Court of India's concern that manufacturers were circumventing the gutkha ban by selling pan masala without tobacco together with flavoured chewing tobacco in separate sachets. The prohibition was issued in the interest of public health under the Food Safety and Standards Act, 2006.
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 notification ban only gutkha and pan masala?
No. It also covers other food products containing tobacco or nicotine as ingredients, including flavoured, scented or chewable products sold under any name.
Can pan masala and chewing tobacco be sold in separate packets?
Not when the separate products are sold or distributed in a way that makes it easy for the consumer to mix them. The notification expressly includes that arrangement.
Does the ban apply throughout Tamil Nadu?
Yes. Food Safety and Drug Administration Order No. 1418/2013/S11/FSD applies across the whole State of Tamil Nadu.
Does this notification affect my land purchase or property registration?
The notification does not set rules for land purchases, ownership or registration. It may be relevant if premises are used to manufacture, store, transport, distribute or sell the prohibited products.
