The Regulation 2.11.5 of Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011, issued under the Food Safety and Standards Act, 2006, prescribes the standards for pan masala. The information was given by union minister for health & family welfare Ghulam Nabi Azad in a written reply in the Rajya Sabha on Friday.
Further, the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, issued under the Food Safety and Standards Act, 2006, lays down that tobacco and nicotine shall not be used as ingredients in any food products. The Supreme Court in Godawat Pan Masala Vs UoI, 2004 (7) SCC 68 has held, "Since pan masala, gutkha or supari are eaten for taste and nourishment, they are all food within the meaning of Section 2(v) of the (Prevention of Food Adulteration) Act." As such, by virtue of the regulation dated August 1, 2011, issued under the Food Safety and Standards Act, 2006, read with the judgement of the Supreme Court on the issue, gutkha products are food products containing tobacco and nicotine and their manufacture, sale or storage is not permitted under law. By virtue of the same regulation, pan masala, if it contains tobacco and nicotine, cannot be manufactured or sold.
This ministry has written to the governments of the states / UTs to strictly implement the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011. The Governments of Madhya Pradesh, Kerala, Bihar, Rajasthan, Maharashtra, Haryana, Chhatisgarh, Jharkhand, Gujarat, Chandigarh and Mizoram have so far issued orders / notification to enforce the ban on sale of gutkha and pan masala containing tobacco / nicotine in their states in accordance with this regulation.
Enforcement of these regulations lies with the commissioners of food safety under the state governments, as per the provisions of Food Safety & Standards Act, 2006. The information on the number of cases reported for violation of the rules and standards is, therefore, not available with this ministry.
In compliance with the direction given by Supreme Court in the matter of Ankur Gutkha Vs. Indian Asthma Society (SLP 16308/2007), a comprehensive study on the contents of gutkha, tobacco, pan masala and similar articles manufactured in the country and harmful effects of consumption of such articles was prepared by National Institute of Health and Family Welfare (NIHFW), New Delhi, in consultation with ministry of health & family welfare (MoHFW) and was submitted to the Supreme Court. The matter is sub-judice before the Supreme Court.
MoHFW has initiated the process of setting up of tobacco testing laboratories and has identified four regional testing labs and one apex lab for testing contents and emissions of all tobacco products.
