Strict Enforcement of Anti-Smoking Laws

Representations from various sections of the society including NGOs and Health institutions have been received urging strict enforcement of the provisions made under “Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, (COTPA) 2003”, and the smoke free rules notified thereunder.

This Ministry has sent regular communication to all the State/UTs for strict enforcement of Act and rules made there under. Moreover, requisite communications have been sent to various departments of the State/UTs Government including Home Secretary, Director General of Police, Transport Commissioners, Panchayati Raj Institutions to sensitize them about the harmful effects of tobacco consumption and request them to ensure effective compliance of the provisions of the Tobacco Control Act (COTPA), 2003. Guidelines under Sections 4,6 & 7 of COTPA, 2003 have also been sent to all the State/UTs to facilitate them about strategies for implementing the provisions under COTPA and the rules made thereunder. Public Notices have been issued from time to time for the same. National and regional level public awareness campaigns have been undertaken through mass media and outdoor publicity channels.

Government of India enacted the Anti Tobacco law titled “ Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, (COTPA) 2003” in order to discourage the consumption of cigarettes and other tobacco products.

Food Safety and Standards Authority of India, Ministry of Health, notified the Food Safety and Standards (Prohibition and Restriction on sales) Regulation, 2011, which has come into force on 05.08.2011. The regulation 2.3.4 thereof mandates prohibition and restriction on sale of food products having tobacco and nicotine as its ingredients. Hence food product having nicotine and tobacco as its ingredients is prohibited.

The states of Madhya Pradesh, Kerala, Bihar, Rajasthan, Maharashtra, Haryana, Chhatisgarh, and Jharkhand have implemented the aforesaid provision as envisaged under FSSAI regulation (2.3.4), to enforce ban on manufacture, sale and storage of Gutka and Pan Masala containing tobacco and nicotine, in their States.