Punjab bows, lifts gutkha manufacture ban

Only sales prohibited; move comes seven months after WHO feted state for anti-tobacco programme
Disturbing reality

• Smokeless tobacco is largely associated with oral cancers; India sees around 80,000 oral cancer cases annually
• India has 275 million tobacco users; 206 million of them use smokeless tobacco

New Delhi, January 6
The Punjab government today took a major step backward in its journey towards tobacco control by lifting the ban on manufacture of gutkha, pan masala and other processed, flavoured and scented food products containing tobacco or nicotine as ingredients. Manufacture of chewable tobacco products will now be allowed and only their storage, sale and distribution will be prohibited within Punjab.
The state’s diluted stand is revealed in its latest anti tobacco notification, issued by Punjab Food Safety Commissioner Hussan Lal. Punjab was among the first states to ban production and sale of harmful smokeless chewing tobacco forms after the Union Health Ministry in August 2011 framed new prevention of food adulteration rules.
These rules, issued by the Food Safety and Standards Authority of India, clarified that “tobacco and nicotine will not be used as ingredients in food products”. This meant that since gutkha, khaini, masher, zarda, toothpastes, etc, were all food products, consumed for flavour or use, they could not contain injurious substances like nicotine or tobacco, proven carcinogens. After FSSAI regulations, 12 states banned the production and sale of gutkha and pan masalas containing tobacco; Punjab being one. Asked why the state succumbed to tobacco lobby pressure to permit production of harmful chewing tobacco, Hussan Lal told The Tribune,
“A blanket ban was hurting our tobacco industry. At present, there are 20 states without blanket bans on production and even sale of chewing and scented tobacco. Punjab imposed an initial full ban on Centre’s directions but later we realised that our tobacco industry was suffering.
Only a nationwide ban on production and sale of chewing and flavoured tobacco can work. We have taken the decision to allow manufacture of chewing tobacco forms in all fairness.
Sales within Punjab remain prohibited.” Punjab’s retrograde step comes seven months after the World Health Organisation feted it for its anti-tobacco programme. Also, public health experts today said Punjab was violating central FSSAI rules by choosing to allow manufacture of gutkha, pan masala, khaini, zarda, etc.
“Union regulations ban production and sale of harmful tobacco. Punjab can’t pick and choose. Also, Punjab’s differential standards on public health are shocking. How can it assume what’s unhealthy for Punjab is not unhealthy for other states?” asks Dr Pankaj Chaturvedi, cancer specialist at Tata Memorial Hospital, Mumbai. Chaturvedi, active on India’s anti-tobacco policy, says production of gutkha and pan masala is banned across India under FSSAI rules.
“Flavoured tobacco has been banned only in 13 states. Gujarat recently exempted gutkha units exporting the product and was found to be in violation of central rules. Punjab has done worse by allowing production and sale in all states except itself,” Chaturvedi said.

DINAMALAR NEWS

Rs 2.18 cr worth fines for flouting food safety norms in Noida

Noida, Jan 6 (PTI) District authorities have imposed fines to the tune of over Rs two crore this fiscal on sellers, manufacturers and suppliers of food products here for violating safety norms and selling substandard products.
"Fine of Rs 26 lakh has been levied in eight cases of substandard food or violation of regulations recently. So far Rs 2.18 crore fine has been imposed in the current financial year 2015-16," additional district magistrate Chandra Shekar said today.
Items that have come under the scanner of food safety officials included paneer, chilli sauce, gulab jamun among others.
A case was registered following complaint of sale of substandard paneer in the district. Also samples of chilli sauce and paneer taken from a restaurant in sector 26 were also found to be substandard. Rs 4.25 lakh each has been imposed in these two cases, the ADM said.
Rs 3.25 lakh was imposed on pan masala vendor, supplier and manufacturer for violations of the regulations. Rs 4.25 lakh was fined on peanut butter company for violation of regulations. In other cases Rs 2.25 lakh was imposed for substandard gulab jamun and Rs 1.25 lakh for substandard paneer

Rail Neer: HC for commuters’ right to choice

The Bombay High Court on Wednesday said there should be no compromise on the quality of drinking water sold at railway stations and commuters should be able to buy brands of their choice.
A Division Bench of Justices Naresh Patil and M.S. Sonak was hearing a public interest litigation (PIL) by Lopesh Vohra.
Freedom curtailed
The plea petition said commuters could not exercise freedom of choice owing to a circular issued by railway authorities directing contractors and caterers to put up stalls selling Rail Neer — the packaged drinking water manufactured and supplied by the Indian Railway Catering and Tourism Corporation (IRCTC).
The PIL also questioned Rail Neer’s quality and stated that the water, available only in 750 ml and one litre bottles, was substandard and contaminated and did not follow safety norms laid down by the Food Safety and Standards Authorities of India. Advocate Rui Rodrigues, appearing for the petitioner, said non-availability of other drinking water brands posed a problem to commuters. Mr Rodrigues said at Mumbai Central railway station only Rail Neer was being sold.
Advocate Usha Srivastava, representing IRCTC, said, “This practice is seen only in places where there are water plants. The Railways is facing gross loss as Rail Neer bottles are lying unused at godowns.”
She said measures were in place to ensure quality control and commuters always had the option of buying water from outlets outside the station.
However, the Bench said, “If food of different brands and varieties are available at railway stations then why not water? If the Railways’ contention is that IRCTC is facing loss, then a complimentary bottle of Rail Neer should be offered with each ticket to encourage people to buy it.”
The Bench also observed that water was a basic necessity and quality control inspectors had to get their act together.
The court suggested the authority to manufacture 500 ml bottles, which would be handy for commuters. The matter has been adjourned for four weeks.

If you can allow outside food, why not water? HC asks railways

Jan 6, 2016, MUMBAI: Bombay High Court on Wednesday directed the Indian Railways Catering and Tourism Corporation to reply to a public interest litigation challenging the sale of only Rail Neer packaged drinking water at stations and on trains.
A division bench of Justice Naresh Patil and Justice M S Sonak heard the PIL filed by Lopesh Vora, a regular commuter, urging direction to the Railways and its subsidiary , IRCTC, to provide packaged drinking water of other brands also.
Vora's advocates Rui Rodrigues and Abhishek Tripathi argued that it is "a consumer's right of choice to drinking water" under Article 21 (Right to Equality) of the Constitution. They pointed out that there is an issue of quantity as well as quality. They explained that only 1 litre bottles are being sold instead of 500 ml. Also, tests done by an independent laboratory in Gujarat:showed the water is "sub-standard " and did not conform to Food Safety and Standards Authority of India norms.
IRCTC's advocate Usha Srivastava said the decision to keep only keep one brand of packaged water was because Rail Neer " was not being lifted " and it resulted in a huge loss. She said currently it is available in four zones having bottling plants and not at all places. " We are not preventing people from carrying their own water as done on planes," she added.