The notification released by the health department of the state says that this decision was made keeping in mind the health of the people.
The Mamata Banerjee government of West Bengal has announced that the ban on manufacturing and sale of pan masala and gutka containing tobacco has been extended for another year. The ban will come into force from November 7, 2021, according to the state government’s order.
The notification released by the health department of the state says that this decision was made keeping in mind the health of the people. According to reports by The Hindustan Times, the notification also said that the commissioner of food safety is empowered under Section 30 of the food safety and standards act, 2006 to impose such a ban on the manufacture, storage, distribution or sale of any article of food in the entire state.
“As per regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations 2011 made by the Food Safety and Standards Authority of India, in the exercise of powers conferred by clause (i) of sub-section (2) of section 92 of the Food Safety and Standards Act, 2006 (Central Act 34 of 2006) read with section 26 thereof, prohibits sale of articles of food in which tobacco and/or nicotine are used as ingredients, as they may be injurious to health,” said the notification issued under the signature of Tapan K Rudra, commissioner of food safety, West Bengal.
Gutka and pan masala usually have ingredients such as nicotine and tobacco that are detrimental to people’s health. The sale of these items is a significant source of tax revenue for the state governments. However, concern for people’s health has led many state governments to ban these products.
The first time the Mamata Banerjee government banned tobacco and nicotine products was in the year 2019. The government of West Bengal, on the other hand, had banned these products for the first time in the year 2013.
BANNING OF SMOKELESS TOBACCO BEFORE
Over 25 states and union territories had banned smokeless tobacco products and spitting in public in May 2020, mainly due to Covid 19.
“Chewing smokeless tobacco products, paan masala and areca nut (supari) increases the production of saliva followed by a very strong urge to spit. Spitting in public places could enhance the spread of the COVID-19 virus,” the Union health ministry had said in a letter to chief secretaries of all states and UTs.
Over 25% of India’s population use tobacco in some form or another, and India also has the largest population of smokeless tobacco users in the world. The poorest of the rung are the most affected due to the detrimental health consequences of tobacco and the subsequent medical care cost.
By May 2013, smokeless tobacco products like gutka were banned in 24 states and three union territories. These products can be banned for a year by the federal Food Safety and Regulation (Prohibition) Act 2011, and this can be renewed every year, which can result in a permanent ban.
In 2019, the Delhi government had extended the ban on Gutka, Pan Masala, Flavoured/Scented Tobacco, Kharra and similar products containing tobacco for another year.
After the notification of the State of Delhi to ban gutka and other products containing tobacco/nicotine in September 2012, manufacturers used a flaw in the notification to separate the components of these products like tobacco from Gutka and Pan Masala because the term ‘Gutka and Pan Masala Containing Tobacco’ was used in the notification.Â
The components like tobacco were manufactured and sold in separate pouches after the ban. A revision in the notification in March 2015 resulted in a stricter ban and implementation of the rules regarding the sale of smokeless tobacco products, including the twin-pack.
