One year complete ban on Gutkha and Pan Masala in Uttarakhand

The state government has taken a tough administrative decision to protect public health and prevent deadly diseases in Devbhoomi Uttarakhand. The Food Safety and Drug Administration Department of the state government has imposed a complete ban on the manufacture, storage, distribution and sale of gutkha, pan masala and related chewing products containing tobacco and nicotine in the entire Uttarakhand for the next one year, in loose or packaged form. This ban has been implemented with immediate effect under the official order issued by the Commissioner Food Safety. District Magistrates, Senior Superintendents of Police and District Food Safety Officers of all thirteen districts of the state have been instructed to ensure strict compliance with this order. This step of the government has created a stir among the Gutkha mafia, illegal wholesalers and suppliers across the state.

This legal ban in the state has been imposed using the provisions of the Food Safety and Standards Act, 2006 and the rules made thereunder. As per Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sale) Regulations, 2011, adulteration of any food item with harmful components like tobacco and nicotine is strictly prohibited. Since gutkha and pan masala are consumed as food items, their adulteration with tobacco is considered a direct violation of central food safety laws. Even before this, such restrictions had been imposed in the state, but after the expiry of the time period of the prior order, the supply of these harmful products started increasing again in the market. Keeping this in mind, the department has again issued a strict restrictive order for the entire state for a period of one year.

It has been clarified in the order of the Food Safety Department that the scope of the ban is not limited only to the pouches sold openly at paan shops, but the entire supply chain has been taken under its purview.

1. Ban on Manufacturing: The production of pan masala mixed with gutkha or tobacco in any industrial unit, packaging unit or factory within the state limits will be completely illegal.

2. Storage and Warehousing: Keeping stock of these banned pouches in any wholesale market, private warehouse, transport agency or cold storage will be considered a punishable offence.

3. Delivery and Transportation: Inter-district or inter-state transportation of these materials through trucks, pickup vans or rail within the state borders will be confiscated.

4. Restrictions on retail sales: If any kind of gutkha or nicotine containing spice is found in grocery shops, paan kiosks, dhabas and weekly haat-bazaars, it will be destroyed on the spot.

There has been a long standing demand by health experts and doctors of Uttarakhand that a strict legal crackdown on chewing tobacco products be imposed in the state. Studies conducted at various medical colleges, AIIMS Rishikesh and cancer hospitals have revealed the fact that the addiction of chewing gutkha and flavored pan masala was increasing rapidly among youth and school students in both hilly and plain areas. Due to this addiction, cases of Oral Submucous Fibrosis (OSMF), mouth cancer, throat cancer, stomach diseases and heart related disorders are increasing rapidly. In many cases, minor students start consuming gutkha as a hobby and later become victims of its serious addiction. The government believes that imposing a complete ban on these products for one year will directly help in saving the weak and young section of the society from the clutches of deadly diseases.

In the government order, a clear warning has been given to all the businessmen and shopkeepers that if any person is found violating this government order, strict legal action will be taken against him under various penal sections of the Food Safety Act.

• License and Registration Cancellation: The Food Business Operator (FBO) license of the concerned trader will be canceled with immediate effect and his shop or warehouse will be sealed.

• Fine: Heavy financial fines ranging from ₹1 lakh to ₹5 lakh can be imposed by the competent adjudicating court on traders who violate the rules.

• Imprisonment: If consumption of any product is proven to cause serious harm to a person’s health (Grievous Injury), then there is a legal provision for rigorous imprisonment ranging from 6 months to 6 years against the concerned producer and seller.

Officials have been directed not to end the case by merely issuing challans, but to lodge First Information Reports (FIRs) in police stations against habitual violators.

To effectively implement the ban on ground and not just on paper, special joint enforcement teams have been formed in all the districts including Dehradun, Haridwar, Udham Singh Nagar, Nainital, Almora, Pauri and Tehri. Food safety officers, police department, excise department and officials of local municipal bodies have been included in these teams. District Magistrates have instructed officials to maintain special vigil within a radius of 100 meters around bus stands, railway stations, schools and colleges. The process of conducting surprise raids on wholesale markets and logistics warehouses and taking samples of suspicious packets and sending them to the Government Food and Drug Testing Laboratory for testing has been started.

It is often seen that after the ban on Gutkha, companies and shopkeepers adopt a new trick – they sell plain pan masala and tobacco (zarda) together in separate pouches, which the consumers themselves mix to make Gutkha. The Food Safety Department has made it clear in its guidelines that such twin-pack sales will also be strictly monitored. If any shopkeeper is found knowingly selling tobacco sachets along with pan masala, it will be considered as an attempt to promote and sell banned gutkha and similar penal sections will be imposed against him.

Uttarakhand is not just a state but a major spiritual and pilgrimage destination for crores of devotees and tourists from across the country and the world. The tendency of spitting after eating gutkha in public places, tourist places, Chardham Yatra routes and government offices not only causes damage to public properties but also creates huge filth and the risk of spreading diseases. This one-year complete ban will give a new boost to the cleanliness campaigns in the state and will help in keeping the natural and spiritual environment of Devbhoomi clean. The Health Department has also appealed to all civil organizations, Panchayati Raj Institutions and enlightened citizens that if they see Gutkha manufacturing, illegal storage or sale anywhere in their vicinity, they should immediately report it on the toll-free number of the District Administration or on the complaint portal so that prompt action can be taken against the culprits.