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5. On 25/03/2015, the Department of Food Safety, Government of NCT, Delhi issued a Notification in exercise of power under Section 30(2)(a) of Food Safety and Standards Act, 2006 (in short 'FSS' Act) prohibiting manufacture/storage/distribution/sale of tobacco, which is either flavoured, scented or mixed with any of such additives, whether going by any name or form of gutka, pan masala, flavoured/scented tobacco, kharra or otherwise by whatsoever name called whether packaged or unpackaged and /or sold as one product, or though packaged as separate products, sold or distributed in such a manner so as to easily facilitate mixing by consumer. This Notification was stayed by Delhi High Court in W.P.(C).No.3362/2015 M/s Suganthi Snuff king (P) Ltd and others -vs- Commissioner (Food Safety), Govt. of NCT, Delhi on the ground of https://www.mhc.tn.gov.in/judis competency to issue the notification impugned. Since then, there is no legal impediment for manufacturing or distributing or sale of chewing tobacco in Delhi. The petitioners herein also obtained interim stay of the above said Notification in W.P.(C).No.6018/2019 and W.P.(C)No.6019/2019.
On compliance of the directions given by the Hon'ble Supreme Court of India, in its interim order dated https://www.mhc.tn.gov.in/judis 23-09-2016 in Transfer Case (Civil) No. 1/2010, The FSSAl's issued a letter dated 5th October 2016 and 9th October, 2017 vide file No.13(25)2017/Tobacco Issues/RCD/FSSAl, The Secretary Department Health and Family Welfare, Government of India issued a letter dated 5th December 2016 vide D.O.No.16019/2/2014-PH-I, and in pursuance of regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulation, 2011, manufacture, storage, transport, distribution or sale of all food products chewable or otherwise, which is either flavoured, scented or mixed with any of the said additives, and whether going by the name or form of gutkha, panmasala, flavoured or scented chewable food products, by whatsoever names called, whether packaged or unpackaged and/or sold as one product, or though packaged as separate products, sold or distributed in such a manner so as to easily facilitate mixing by the consumer which contains tobacco and/or nicotine as ingredients.
NOW THEREFORE, in exercise of the powers conferred by clause (a) of sub-section (2) of Section 30 of the Food Safety and Standards Act, 2006 (Central Act 34 of 2006), the Commissioner of Food Safety of the State of Tamil Nadu, in the interest of public health, hereby prohibits the manufacture, storage, transport, distribution or sale of all food products chewable or otherwise which is either flavoured or scented or mixed with any of the said additives, and whether going by the name or form of https://www.mhc.tn.gov.in/judis gutkha, panmasala, flavoured or scented food products or chewable food products by whatsoever name called, whether packaged or unpackaged and/or sold as one product, or though packaged as separate products, sold or distributed in such a manner so as to easily facilitate mixing by the consumer and any other food products containing tobacco and/or nicotine as ingredients, by whatsoever name it is available in the whole of the State of Tamil Nadu for a further period of one year with effect from 23-05-2018."