The Hindu : Karnataka / Bangalore News : Ban on nicotine, tobacco stayed

Online edition of India's National Newspaper
Wednesday, Sep 05, 2007
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Karnataka

Karnataka - Bangalore

Ban on nicotine, tobacco stayed

Staff Reporter

Relief for areca and betel nut growers

Areca, betel nut grown by small and marginal farmers
‘The ban had brought down processing of areca’

BANGALORE: The Karnataka High Court on Tuesday stayed a notification by the Centre banning the use of tobacco and nicotine in food products. The ruling comes as a relief to thousands of areca and betel nut growers in the State as also to lakhs of small shop owners selling pan masala and gutka.

Justice Ajit Gunjal, in an interim order, stayed the August 21, 2006 notification issued by the Union Ministry of Health and Family Affairs under which it had banned tobacco and nicotine as an ingredient in food products.

The Centre had issued the notification under the Prevention of Food Adulteration (7th Amendment) Rules, 2006 and Rule 44 J. The petitioners, Central Arecanut Marketing Cooperative (CAMPCO), Ghodawant Industries (the manufacturers of pan masala and gutka) and several growers of arecanut and betel nut, had challenged the validity of the notification.

Retailers affected

Ghodawant said it directly employs 4,000 persons and 15,000 persons indirectly. Besides, lakhs of shop keepers, retailers and distributors are involved in the sale of its products. It said the ban on pan masala would affect areca and betel nut growers apart from retailers.

CAMPCO and several growers said areca and betel nut is mainly grown by small and marginal farmers in Mangalore, Shimoga, Siddapura, Sirsi, Tumkur and others areas. It claimed that the announcement on the ban had already brought down processing of areca and betel.

The petitioners urged the court to stay the implementation and effect of Rule 44J of notification, saying that it is illegal. They said a committee set up by the Centre to study the issue of harmful food products had not given them an opportunity to present their case. Instead, they had taken a unilateral decision on banning use of tobacco and nicotine in food products.

Ghodawant contended that pan masala contained cardamom, lime, betel nut, catechu (katha), saffron, menthol and permitted flavours. Gutka, it said, is a pan masala containing seven per cent tobacco.

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