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NATIONAL SENSITIZATION WORKSHOP for Law Enforcement Officials for Effective Enforcement of India Tobacco Control Act GO

NATIONAL SENSITIZATION WORKSHOP for Law Enforcement Officials for Effective Enforcement of India Tobacco Control Act GOA SUCCESS STORIES. Salim A . Veljee Deputy Director Food & Drugs Admn., Goa. Tobacco: Ill-effects.

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NATIONAL SENSITIZATION WORKSHOP for Law Enforcement Officials for Effective Enforcement of India Tobacco Control Act GO

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  1. NATIONAL SENSITIZATION WORKSHOPfor Law Enforcement Officials for EffectiveEnforcement of India Tobacco Control ActGOA SUCCESSSTORIES Salim A . Veljee Deputy Director Food & Drugs Admn., Goa. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  2. Tobacco: Ill-effects • Consumption of tobacco containing food articles namely Gutka, Khaini, Pan Masala, by whatever name called, etc can lead to a dreadful disease known as Oral Sub Mucous Fibrosis (OSF), which is a pre-cancerous condition linked with the use of smokeless tobacco products. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  3. Tobacco: Ill-Effects • There is an exhaustive scientific data available to show the ill-effects of tobacco food products, causing severe health hazards to public, particularly younger generation falling prey to the dreaded tobacco containing products, due to the aggressive marketing strategies adopted by the manufacturers of such products. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  4. Constitution of India: Article 47 • Article 47 of the Constitution of India casts a duty on the State to raise the level of the nutrition and the standards of living and to improve the public health and this is one of the primary duties of the State. • Based on this responsibility, the State has endeavored in taking a policy decision to protect its citizens from this dreaded social disease, which is increasingly attacking the fabric of the public health. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  5. Government Policy • The Government of Goa , in the back drop of all this, felt the need to implement certain prohibitions and restriction on the manufacture for sale, sell and distribution of such tobacco containing food products so as to save its young generation and other persons falling prey to the addiction of these harmful injurious products containing tobacco. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  6. Government’s Bold Initiatives • The Government of Goa during the last five years have taken bold initiatives and measures to combat the control of the menace of the ill-effects of consumption of tobacco and tobacco related products. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  7. Prohibition under PFA Act 1954 • Government of Goa taking lead from the other States like Maharashtra took the initiative to prohibit the manufacture for sale, sell and distribution of food articles containing tobacco or tobacco extracts, by whatever name called, in the entire State of Goa, under the provisions of the Prevention of Food Adulteration Act, 1954, where the State (Food) Authority , with effect from 26th January 2003 notified the ban on such products for an indefinite period, until further orders. • The Directorate of Food & Drugs Administration was solely entrusted the responsibility to enforce and implement the said ban in the State. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  8. Prohibition under PFA Act 1954 • The Directorate with its limited force of 6 Food Inspectors commenced the enforcement of this ban and booked a total of 64 cases and seized prohibited articles worth Rs. 14,21,621/-. • This ban was enforced from 26.01.2003 till 02.08.2004 and during this period, Writ Petition were filed first in the High Court of Mumbai at Goa Bench, which the State successfully defended the validity of the Government ban order. Later being aggrieved, the manufacturers approached Supreme Court and challenged the orders issued by Goa, Maharashtra, AP, TN, Pondicherry, FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  9. Prohibition under PFA Act 1954 However the State received a set-back when Hon’ble Supreme Court on 02.08.2004 struck down the prohibition notification issued under the PFA Act, 1854 purely on technical grounds, wherein the Apex Court held that the State Government through its Food (Health) Authority had no powers to impose a ban or prohibition for an indefinitely period of time, under Section 7 of the PFA Act 1954 and likewise the notification of other States were also quashed. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  10. State’s Perseverance The State of Goa, being a progressive State with its small population of around 15 lacs and excelling in all the health indicators and literacy rate in comparison to other leading States of Union of India was determined to protect its citizen from this dreaded ill-effects of tobacco consumption to ensure overall good health in the State. Enacted a special legislation to tackle the menace of tobacco consumption in this State, under the existing law of Goa Public Health Act 1985 FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  11. GOA PUBLIC HEALTH (Amendment) Act, 2005 Consequent to the Supreme Court quashing the earlier ban under PFA Act, 1954, the Government after lengthy deliberation and discussion promulgated the Goa Public Health Ordinance 2004 prohibiting the manufacture for sale, sell and distribution of injurious food articles containing tobacco and later with the approval of the Legislative Assembly enacted the GOA PUBLIC HEALTH (Amendment) Act 2005, which was implemented and enforced w. e .f 2nd October 2005, in the entire State of Goa. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  12. GOA PUBLIC HEALTH (Amendment) Act, 2005 The salient features of this new legislation entrusted the task and responsibility of enforcement of this legislation to other agencies like the Police, Health Services, Collect- -orate staff along with the officials of the Directorate of Food & Drugs Administration and offences relating to consumption of such injurious food articles within 50 metres of educational institutions, religious places, public places, Government buildings, sports complexes, etc, was an offence under this law and thus today, Goa is the only State in the Country, which has a special law solely to impose ban on tobacco containing food articles FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  13. GOA PUBLIC HEALTH (Amendment) Act, 2005 Since October 2005, under the Goa Public Health (Amendment) Act, 2005, the Directorate of Food & Drugs Administration during the last 18 months has booked additional 34 cases and seized Gutka and other tobacco food articles worth Rs. 26,02,751/-. The Directorate had to face two Writ petitions before the High Court of Bombay at Goa Bench, challenging the validity of the said legislation and Directorate successfully defended the same. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  14. GOA PUBLIC HEALTH (Amendment) Act, 2005 In January 2007, as the High Court did not grant any relief's, the manufacturers approached the Supreme Court challenging the validity of the said legislation and filed a Special Leave Petition (Civil) in the wake of the centrally enacted laws relating to tobacco control and the said petitions in August 2007, although it has been admitted, but no relief's have been granted, and the matter is yet to come up for further hearing. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  15. Tobacco Control Laws implemented the State of Goa Today, the State of Goa is engaged in the enforcement and implementation of the following tobacco control laws: • Goa Prohibition of Smoking & Spitting Act 1997 • Goa Public health (Amendment) Act, 2005 • Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade & Commerce, Production, Supply & Distribution), Act 2003 FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  16. GOAPROHIBITION OF SMOKING & SPITTING ACT, 1997 An Act imposing ban on smoking and spitting in the public places as well as in the public services, vehicles, thereby ensuring that the State’s environment is maintained hygienic and clean The said Act is enforced and implemented by the Collectorate’s staff and the Police Department FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  17. Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade & Commerce, Production, Supply & Distribution), Act 2003 • This Act envisages that appropriate checks are conducted to ensure that no advertisements of tobacco related products takes place within the State and that also sign boards of “NO SMOKING” are displayed in the public places. • It also envisages the restriction on the sale of tobacco related articles to minors below the age of 18 years; • Labeling all tobacco related articles products with appropriate warnings on all its wrapper, labels, containers, etc. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  18. Recent Amendment to the PFA Act, 1954. Recently the Government of India under notification No. GSR No. 491(E) dated 21.08.2006 under amendment to the provisions of the Prevention of Food Adulteration Rules 1955 has incorporated a rule, which reads as: Rule 44-J: Product not to contain any substance which may be injurious to health: Tobacco and nicotine shall not be used as ingredients in any food products.” The above amendment has already taken effect from 20th August 2007 FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  19. Our Endeavors: Fight the Evil • Today, the State has undertaken all efforts within its available restricted resources to combat the growing menace of tobacco ill-effects. • But such gigantic mammoth tasks of protecting the health of the public, especially the youth’s generation solely cannot lie by enacting legislation and enforcing these legislation. The NGO’s and other stakeholders involved in this drive also need to aggressive tackle in thee same line with which such harmful injurious products are promoted so that we can save the future. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  20. Our Endeavour: Fight the Evil • Today, Goa is the only State in country to have such a ban on such harmful injurious tobacco containing products. However with porous State borders, where at the neighboring States such products are freely available, makes the task of the enforcing agencies stiff and challenging. • Today, the freely display and availability is definitely reduced and declined , but possible isolation sale under concealed environment cannot be ruled out, as such a ban has now promoted a premium on such products to habitual consumers. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  21. Our Endeavour: Fight the Evil • Today, we need to create a larger awareness drive for educating the school & college children, parents, teachers, and every citizens may be through role play on the streets, films, handouts, competitions,. etc, by whatever strategy, we can to make the general masses aware of this social evil. • All the stakeholders today, collectively need to come forward and wage a civil war for this social cause to generate and protect our future generation from falling prey to this habits. FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

  22. THANK YOU FDA - Goa at Law Enforcement Workshop at New Delhi, 21.01.2008

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