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(State Level) Oral Tobacco and Nicotine Pouches

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(State Level) Oral Tobacco and Nicotine Pouches 1/17 Regulatory report: India (state level) oral tobacco and nicotine pouches July 14, 2021 Table of contents: 1 Introduction 2 States 3 Andhra Pradesh 4 Arunachal Pradesh 5 Assam 6 Bihar 7 Chhattisgarh 8 Goa 9 Gujarat 10 Haryana 11 Himachal Pradesh 12 Jharkhand 13 Karnataka 14 Kerala 15 Madhya Pradesh 16 Maharashtra 17 Manipur 18 Meghalaya 2/17 19 Mizoram 20 Nagaland 21 Odisha 22 Punjab 23 Rajasthan 24 Sikkim 25 Tamil Nadu 26 Telangana 27 Tripura 28 Uttarakhand 29 Uttar Pradesh 30 West Bengal 31 Union territories 32 Andaman and Nicobar Islands 33 Chandigarh 34 Dadra and Nagar Haveli and Daman and Diu 35 National Capital Territory of Delhi 36 Jammu and Kashmir 37 Ladakh 38 Puducherry 39 Lakshadweep 40 Relevant bodies 3/17 Introduction India, the second most highly populated country in the world, is a federal parliamentary constitutional republic. It currently has 28 states and eight union territories, with several disputed territories with neighbouring countries. As noted in our national report, Indian policymakers tend to prohibit any new tobacco and nicotine products, for they are considered a threat to public health; this can be seen from their ban on heated tobacco and e-cigarettes. While national law has not explicitly banned oral tobacco products, the national food safety and standards authority has notified prohibition of tobacco and nicotine in any food products, and most states have followed the guidance and introduced a ban on activities such as manufacture, storage and sale of products such as gutka (a chewing tobacco preparation made of areca nut, slaked lime, catechu and sun-dried, roasted, finely chopped tobacco with flavourings and sweeteners) or pan masala (which contains dehydrated areca nut, slaked lime and catechu in a granular or powdered form and may be sold mixed with tobacco). Some states have also banned the consumption and spitting of oral tobacco products during the pandemic. Nicotine pouches, however, are not clearly regulated, although their use can be subject to local anti-spitting rules. The following map outlines the regulatory situation of oral tobacco in India at the state level. Red indicates the regions where any oral tobacco is banned, orange indicates the existence of a ban in the past, and green means no ban has ever been enacted. 4/17 States Andhra Pradesh According to a notification dated 10th January 2020, the manufacture, storage, distribution, transportation and sale of gutka or pan masala that contains tobacco and nicotine as an ingredient, and chewing tobacco products like chaap tobacco, pure tobacco, khaini, kharra, scented tobacco, and flavoured tobacco – packed in packets, pouches, sachets, and containers – and any other products that are marketed separately but have tobacco or nicotine in the final product (regardless of the name) are banned for one year. Arunachal Pradesh 5/17 A notification dated 17th October 2016 states that the manufacture, storage, distribution, or sale of gutka and pan masala containing tobacco or nicotine is prohibited. Anyone who sells or stores the banned articles of food will be liable to a penalty. Assam On 5th January 2021, the government of Assam issued an order extending the existing ban on the manufacture, storage, transportation, display, distribution or sale of gutka, pan masala or any chewing materials containing tobacco or nicotine for one year more. Bihar With a notification dated 25th October 2018, it is prohibited to manufacture, sell, store or transport chewing tobacco mixed with food or food additives such as scents and flavourings, in compliance with clause 2.3.4. of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, which states “tobacco and nicotine shall not be used as ingredients in any food products”. Under a notification issued on 13th April 2020 about preventing the spread of Covid-19, spitting and use of gutka is prohibited. On 17th September 2020, the government published an order prohibiting the manufacture, storage, distribution, transportation, display or sale of any type of gutka and pan masala containing tobacco or nicotine – whether packaged or unpackaged – for one year from 17th September 2020 across the state. Chhattisgarh According to the 2016 order from the Chhattisgarh government, the manufacture, storage, distribution, and sale of tobacco-laced gutka and pan masala was prohibited from 25th July 2016 for one year. Goa 6/17 Under section 87A of the Goa Public Health (Amendment) Act, 2005, the manufacture for sale, distribution, and storing of “injurious food articles” is prohibited in the entire state of Goa. For local authorities, the so-called injurious food articles include gutka, khaini, or any other food articles containing tobacco. Gujarat The manufacture, storage, distribution, or sale of gutka and pan masala – known by any name – containing tobacco or nicotine as an ingredient, and any other products marketed separately to constitute gutka and pan masala as final products was banned for one year from 12th September 2019. The ban was extended for one year more in September 2020. Haryana The local government has banned the manufacture, storage, distribution and sale of tobacco which is either flavoured, scented or mixed with any of the said additives, and whether named gutka, pan masala, flavoured/scented tobacco, kharra (or any other name), whether packaged or unpackaged or sold as one product, or through packaged as separate products, sold or distributed in a way that it can be easily mixed by the consumer. In view of the spread of Covid-19 in Haryana in March 2020, the authorities requested strict implementation of the ban. For the same reason, due to a notification dated 3rd April 2020, no person can consume “khaini (all types) or similar products” in any public places. Himachal Pradesh The sale, manufacture, storage and distribution of gutka or pan masala, scented or chewing pan masala or khaini, masheri, zarda, or any other products marketed separately to constitute gutka and pan masala containing tobacco or nicotine as the final product (by whatever name called) whether packaged or unpackaged but sold as one product, are prohibited in the state under a notification dated 6th April 2020 for one year. 7/17 The government issued an order dated 11th June 2021 extending the Covid curfew adopted in May 2021 and requiring that consumption of paan, gutka, tobacco, and similar products in public places be explicitly prohibited and spitting in public places be punishable with a fine. Jharkhand In April 2020, the use and sale (including online sales) of smoking and smokeless tobacco under whatever name was banned due to the spread of Covid-19. On 21st July 2020, the government of Jharkhand published a notification prohibiting for a further year the manufacture, storage, sale, and distribution of gutka and pan masala containing tobacco or nicotine as ingredients – regardless of the name under which it is marketed. Also, under an order issued by the government on 23rd February 2021, for the purpose of containing the pandemic, the government requires implementation of a ban on spitting and smoking and use of paan, gutka, and khaini by drivers or passengers in public transport. Karnataka In 2013 the Karnataka government banned the manufacture, storage, sale and distribution of gutka and pan masala containing tobacco or nicotine as ingredients under whatever name in the market. On 29th May 2020, the state banned the consumption of all tobacco products like pan masala and gutka, as well as spitting them in public places. Kerala With a notification dated 22nd May 2012, the Kerala government banned the manufacture, storage, distribution, and sale of gutka and pan masala containing tobacco or nicotine as ingredients, regardless of the name marketed. Madhya Pradesh 8/17 According to the document issued by the Food and Drug Administration in 2019, the manufacturing and sale of food products containing tobacco or nicotine and gutka is prohibited. Maharashtra On 15th July 2020, a one-year ban was issued on the manufacture, storage, distribution, transport and sale of tobacco and areca nut – which is either flavoured, scented or mixed with the additives – and whether going by the name or form of gutka, pan masala, flavoured or scented tobacco, flavoured or scented supari, manufactured chewing tobacco with additives, kharra (or under whatever name). It is also applies to those listed whether packaged or unpackaged, sold as one product or packaged as separate products, and distributed in such a manner so as to easily facilitate mixing by the consumer for its consumption. Manipur On 26th February 2013, the government issued a ban on the manufacture, storage, transportation, distribution, display, sale and purchase of gutka, khaini, zarda, pan masala and other chewable, smokeless tobacco products containing tobacco or nicotine food ingredients as unsafe food injurious to health, regardless of the name used in the market. According to a notification dated 25th July 2020, spitting and consumption of paan, gutka and tobacco in public places will be punished with a fine. Meghalaya From 2014 to 2015, the manufacture, storage, transport, sale and distribution of gutka and pan masala containing either tobacco or nicotine as ingredients were prohibited in the interest of public health. A year-long ban was reintroduced on 31st August 2017, by an order of the Commissioner of Food Safety. Mizoram 9/17 In the state of Mizoram, the sale of gutka or any chewing material with tobacco as one of its ingredients (under whatever name) has been banned since 2011 under an order issued by the Health and Family Welfare Department. Nagaland Local authorities told us that there are no state regulations about tobacco products. On the other hand, due to the pandemic, a prohibition of spitting in public has been issued, which applies to oral tobacco. Odisha From 3rd January 2013, the manufacture, storage, sale and distribution of gutka and pan masala containing tobacco or nicotine as ingredients by whatever name available in the market is prohibited under an order issued by the government.
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