• Selling tobacco products is legal in Telangana

Sir
 selling Gutka and tobacco products are legal in Telangana. If not please tell me sections
Asked 7 years ago in Business Law

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8 Answers

SC has banned the sale of all forms of chewable tobacco and nicotine, and directed authorities, including the Food Safety and Standards Authority of India (FSSAI), to strictly enforce its directions.

2) it is banned in Teangana too under the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011,

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

Hi

Please refer to Section 3(p) of Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply & Distribution) Act, 2003.

The following items are permitted to be sold under the act subject to other sections of the said Act.So technically as long as you comply with Cigarettes and other tobacco products act, you can sell the following items which are mentioned in Section 3p of COTPA

1. Cigarettes

2. Cigars

3. Cheroots

4. Beedis

5. Cigarette tobacco, pipe tobacco and hookah tobacco

6. Chewing Tobacco

7. Snuff

8. Pan masala or any chewing material having tobacco as

one of its ingredients (by whatever name called).

9. Gutka

10. Tooth powder containing tobacco.”

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

In my reply I have mentioned that all forms of chewable tobacco are banned by SC

Hence chewing tobacco is also banned in telengana

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

On 10.01.2016:

The Telangana government today extended the ban on Gutkha and pan masala across the state by another year.

In exercise of the powers conferred under clause (a) of Sub-section (2) of section 30 of Food Safety and Standards Act 2006 read with 2.3.4 of Food Safety and Standards (Prohibition and Restriction on sales) Regulation 2011 and in the interest of public health, the Commissioner of Food Safety, Telangana State hereby prohibits the manufacture, storage, distribution, transportation and sale of Gutka / Panmasala which contains tobacco and nicotine as ingredients and Chewing Tobacco products like Chap Tobacco, Pure Tobacco, Khaini, Kharra, Scented Tobacco, Flavoured Tobacco packed in pouches / sachets / containers etc., or by whatever name it is called in the entire state of Telangana for a period of One Year with effect from 10th January, 2016 vide Notification No.500/F SS-1/2016.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

I want to know about chewing tobacco

You are talking about chewing tobacco now but in the previous post you were clarifying about selling it, well both are same, The answer is given in the previous post.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

As per newspaper reports In telengana police have conducted raids on number of small retailers and arrested them for selling tobacco

2) In exercise of the powers conferred under clause (a) of Sub-section (2) of section 30 of Food Safety and Standards Act 2006 read with 2.3.4 of Food Safety and Standards (Prohibition and Restriction on sales) Regulation 2011 and in the interest of public health, the Commissioner of Food Safety, Telangana State hereby prohibits the manufacture, storage, distribution, transportation and sale of Gutka / Panmasala which contains tobacco and nicotine as ingredients and Chewing Tobacco products like Chap Tobacco, Pure Tobacco, Khaini, Kharra, Scented Tobacco, Flavoured Tobacco packed in pouches / sachets / containers etc., or by whatever name it is called in the entire state of Telangana for a period of One Year with effect from 10th January, 2016 vide Notification No.500/F SS-1/2016.

No person (Food Business Operator) shall himself or by any person on his behalf shall manufacture, storage, distribution, Transportation and sale of Gutka / Panmasala which contains tobacco and nicotine as ingredients and Chewing Tobacco products like Chap Tobacco, Pure Tobacco, Khaini, Kharra, Scented Tobacco, Flavoured Tobacco packed in pouches / sachets / containers etc., or by whatever name it is called in the entire state of Telangana, Commissioner Food Safety said.

Contravention of the prohibition order is an offence and punishable with imprisonment/fine under the provision of Food Safety and Standards Act 2006, the commissioner further added in a communique.

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

Hi

The state of Telangana in line with the supreme court order had banned sale of Zarda / Gutka/ Pan masala vide Notification dated 10th January, 2016, Notification No.500/F SS-1/2016.

The said notification is in force as of date.

The extract of notification reads as follows:

In exercise of the powers conferred under clause (a) of Sub-section (2) of section 30 of Food Safety and Standards Act 2006 read with 2.3.4 of Food Safety and Standards (Prohibition and Restriction on sales) Regulation 2011 and in the interest of public health, the Commissioner of Food Safety, Telangana State hereby prohibits the manufacture, storage, distribution, transportation and sale of Gutka / Panmasala which contains tobacco and nicotine as ingredients and Chewing Tobacco products like Chap Tobacco, Pure Tobacco, Khaini, Kharra, Scented Tobacco, Flavoured Tobacco packed in pouches / sachets / containers etc., or by whatever name it is called in the entire state of Telangana for a period of One Year with effect from 10th January, 2016 vide Notification No.500/F SS-1/2016.

No person (Food Business Operator) shall himself or by any person on his behalf shall manufacture, storage, distribution, Transportation and sale of Gutka / Panmasala which contains tobacco and nicotine as ingredients and Chewing Tobacco products like Chap Tobacco, Pure Tobacco, Khaini, Kharra, Scented Tobacco, Flavoured Tobacco packed in pouches / sachets / containers etc., or by whatever name it is called in the entire state of Telangana, Commissioner Food Safety said.

Not sure how come a person can pay tax when the whole sale is illegal. You may complain to Commissioner Food safety, Telangana and to Superintendent of Police against the persons selling Zarda which is an illegal act. you may quote the extract mentioned above in support of your complaint.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

If the product what you have mentioned comes under prohibited clause then action can be initiated by the authorities accordingly.

You may make a complaint with the prohibition enforcement wing of police.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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