Reported by Bhadra Gogoi
Dimapur: The Nagaland Health & Family Welfare Department has prohibited food products containing tobacco and nicotine as ingredients, including gutkha and pan masala with tobacco/nicotine, in the state.
The department issued a notification on Thursday as per Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sale of Certain Products) Regulations, 2011, as amended from time to time.
The regulation states that tobacco and nicotine shall not be used as ingredients in any food products or in any article of food as defined under Section 3(1)(j) of the Food Safety and Standards Act, 2006.
It explained that “ingredient” means any substance, including a food additive, used in the manufacture or preparation of food and present in the final product, possibly in a modified form, as per Section 3(1)(y) of the Food Safety and Standards Act, 2006, and Rule 1.2.1 of the Food Safety and Standards (Prohibition and Restrictions on Sale) Regulations, 2011.
The department referred to the Supreme Court order dated 23.09.2016 in the matter of Transfer Case Civil No. 1/2010 (Central Arecanut Marketing Corporation & Ors.).
The order observed that to circumvent the ban on the sale of gutkha, manufacturers are selling pan masala (without tobacco) along with flavoured chewing tobacco in separate sachets, often conjointly and sold together by the same vendors from the same premises, so that consumers can purchase the pan masala and flavoured chewing tobacco, mix them, and consume them.
It further observed that instead of the earlier “ready-to-mix” chewing tobacco, companies are now selling gutkha in twin packs meant to be mixed as one.
The prohibition includes all food products, whether chewable or otherwise, that are either flavoured or scented or mixed with any toxic additives.