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Tobacco Control Laws in India

BY: Dr. Vini MehtaMDS 1st year

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Contents

• Introduction• Tobacco Legislation in India• WHO Tobacco Free Initiative in India • Tobacco Control Laws (COTPA)• Smoke free places in India• Conclusion• References

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Introduction

• “Tobacco is not for the body , not for belly and is not good for man but is a herb for bruises and all sick cattle, to be used with judgements and skill “ (The Bible)

• Tobacco is possibly one of the greatest causes of preventable and premature deaths in human history

• It is the single most important risk factor for major non communicable diseases

• India’s tobacco consumption is second largest in the world and third largest producer.

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Tobacco Legislation in India

• Anti legislation first passed at national level in 1975• Prevention and Control of Pollution Act and the Motor

Vehicles Act of 1988 included smoking in their definition• Prevention of Food Adulteration Act 1990 made mandatory to

prescribe health warnings for chewing tobacco• The Central Government, in1991 amended the Cinematograph

Act• Central Government banned the sale of toothpastes and tooth

powders containing tobacco under the “Drugs and Cosmetics Act” in 1992

• The Cable Televisions Networks Amendment Act of 2000 prohibited the transmission of tobacco and liquor advertisements 5

• In 2012, Government of India began screening anti tobacco advertisements tagged “Sponge” and “Mukesh” in movie theatres.

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In 2013, the “Sponge” and “Mukesh” advertisements were replaced by new advertisements titled “Child” and “Dhuan”

WHO TOBACCO FREE INITIATIVE IN INDIA

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• World Health Organization (WHO) led the negotiation of the Framework Convention on Tobacco Control (FCTC), the world's first public health treaty in 2003

• FCTC provides a framework to “protect present and future generations from the devastating health, environmental & economic consequences of tobacco consumption and exposure to tobacco smoke.”

Provisions of FCTC and COTPA

FCTC COTPAComprehensive ban on direct and indirect advertising

Ban on direct and indirect advertising.

Protection against second hand smoke

Ban on smoking in public places

Prohibition of youth access Ban on sale to minorsBan on sale near educational institutions

Pictorial health warnings Pictorial health warningsTest and regulations of contents Regulations of tar & nicotine

contentsIncrease in tobacco taxesCessation programs

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Guidelines for Law enforcers for effectiveimplementation of tobacco control laws

• The Department of Health and Family welfare proposes to introduce the Cigarette and Other Tobacco Products (Prohibition of Advertisements and Regulation of Trade and Commerce, Production, Supply and Distribution) (Amendment) Bill 2015 to amend the provisions of the Cigarette and other Tobacco Products (Prohibition of Advertisements and Regulation of Trade and Commerce, Production, Supply and Distribution), Act 2003

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Section 1

(1)This Act may be called the Cigarette and Other Tobacco Products (Prohibition of Advertisements and Regulation of Trade and Commerce, Production, Supply and Distribution) Act,2015

(2) It extends to the whole of India

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint

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Section 2

• Declaration as to expediency of control by the Union and protection of public health policies for tobacco control

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Section 3

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Section 4

• Prohibition of use of tobacco in a public place

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Specifications for Smoking Area

1. Smoking Area is exhausted directly to the outside and not mixed back into the supply air for the other parts of the building; and

2. It is fitted with a non-re circulating exhaust ventilation system or an air cleaning system, or by a combination of the two, to ensure that the air discharges only in a manner that does not re-circulate or transfer it from a smoking area or space to non-smoking areas

3. Designated smoking area has led to hookah bars for attracting the urban

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Section 5

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Section 6

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Section 7

• Restrictions on trade and commerce in and production, supply and distribution of cigarettes and other tobacco products.

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Section 7

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Section 8

• Manner in which specified warning shall be made• (1) Health Warning: - The warning “Smoking Kills”

“Tobacco Kills” shall appear in white font colour on a red background

• (2) Pictorial representation of ill effects of tobacco use Pictorial depiction of the ill effects of tobacco use on health, shall be placed below the health warning

• (3) Health message.- Every specified health warning shall include the health message in black font colour on a white background. The health message should be printed in read blackfont on a white background

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Section 9

• Language in which the specified warning shall be expressed.

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Section 10

• Size of letters and figures

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Section 11

• Testing laboratory for consituents and emissions contents.

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Section 12

• Power of entry and search

• a) where any trade or commerce in cigarettes or any other tobacco products is carried on or cigarettes or any other tobacco products are produced, supplied or distributed; or

• b) where any advertisement of the cigarettes or any other tobacco products has been or is being made

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Section 13

• Power to seize

• a) in respect of any package of cigarettes or any other tobacco products, or

• b) in respect of any advertisement of cigarettes or any other tobacco products,

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Section 14

• Confiscation of package -

Package of cigarettes or any other tobacco products or any advertisement material of cigarettes or any other tobacco products, in respect of which any provision of the Act is being liable to be confiscated

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Section 15

• Power to give option to pay costs ( which shall be equal to the value of the goods) in lieu of confiscation

• On payment of the costs, the seized packages shall be returned to the person on condition that such person , before making any distribution, sale or supply of such packages of cigarettes or other tobacco products, get the specified warning and indication of nicotine and tar contents incorporated on each such package.

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Section 16

• No confiscation will interfere with any other punishments -

• No confiscation made, costs ordered to be paid under the Act shall prevent the infliction of any punishment to which the person affected thereby is liable under the provisions of the Act or under any other law

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Section 17

• In case of any confiscation of cigarettes or any other tobacco products costs may be ordered to be paid-

• (a) without any limit, by the principal civil court of original jurisdiction within the local limits of whose jurisdiction such confiscation has been made, costs have been ordered to be paid,

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Section 18

• Giving opportunity to the owner of seized packages-

• No direct payment of costs shall be made unless the owner or person in possession of the package of cigarettes or any other tobacco products has been given a notice in writing informing him of the grounds on which it is proposed to confiscate such package, and giving him a reasonable opportunity of making a representation in writing.

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Section 19

• Appeal

• Any person, unsatisfied by any decision of the court adjudging a confiscation, ordering the payment of costs, may prefer an appeal to the court

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Section 20

• Punishment for failure to give specified warning

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Section 21

• Punishment for smoking and tobacco use in certain places

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Section 22

• Punishment for advertisement and advertisement material

Liable to pay 10 thousand and 50 thousand rupees

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Section 23

• Prevention, detention and place of trial of offences under sections 4 and 6

• Any person who is guilty under the section of 4 and 6 shall be punishable with fine.

• Recently the law has been passed for cancellation of licence.

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Section 24

• The Central Government maybe a modification in the Official Gazette constitute a National Tobacco Control Organization (NTCO) to implement and monitor the provisions under the Act and other functions related to tobacco control assigned by the Central Government, including for implementation of WHOFCTC

( Framework Convention tobacco Control)

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Section 25

• Offences to be cognizable and bailable

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Section 26

• Composition of offences-

a)If the person is not found guilty of an offence by the Central Government , the offender is discharged and no further proceedings shall be taken against him

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Section 27

• Protection of action taken in good faith

• No legal proceeding shall lie against the Central Government or any State Government or any officer of the Central Government or any State Government for anything which is in good faith done or intended to be done under the Act.

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Section 28

• Central government has power to add any tobacco products in the Schedule

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Section 29

• Power of Central Government to make rules

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Section 30

• Act not to apply to cigarettes and other tobacco products which are exported

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Section 31

Application of certain laws not barred

• Overriding effect of this Act over all the tobacco related laws where there is inconsistency between laws and permitting application of other laws

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Section 32

• Power to remove difficulties in implementation of the Amendment Act

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Smoke free places

• Chandigarh became the first smoke-free Indian city in July 2007 and showed compliance with COTPA

• Sikkim the first state in May 2010.

• Government of Punjab has declared 4 districts (Mohali, Mansa, Amritsar,Rupnagar) as Tobacco “Smoke free”.

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Conclusion

• As a public health dentist , it is our social responsibility to protect and to report tobacco violations in India

• Thus, we can bring a remarkable achievement in terms of political will and curb the trade of tobacco products.

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References

• National Drug Dependence Treatment Centre, AlIMS- Tobacco Control in India

• World health organizationwww.who.int.last accessed on 8/8/15• MINISTRY OF HEALTH & FAMILY WELFARE

GOVERNMENT OF INDIA – Guidelines• COPTA – Ammendment Bill 2015

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