Tobacco control laws in india

Tobacco Control Laws and Violations. Legislation in India

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2. Tobacco Control
Laws in India
BY: Dr. Vini Mehta
MDS 1
st
year
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3. 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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4. 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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5. 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
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6. •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”

8. 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.”

9. Provisions of FCTC and COTPA
FCTC COTPA
Comprehensive 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 minors
Ban on sale near educational
institutions
Pictorial health warnings Pictorial health warnings
Test and regulations of contentsRegulations of tar & nicotine
contents
Increase in tobacco taxes
Cessation programs
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10. Guidelines for Law enforcers for effective
implementation 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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11. 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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12. Section 2
•Declaration as to expediency of control by
the Union and protection of public health
policies for tobacco control
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13. Section 3
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14. Section 4
•Prohibition of use of tobacco in a public
place
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15. 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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16. Section 5
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17. Section 6
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18. Section 7
•Restrictions on trade and commerce in
and production, supply and distribution of
cigarettes and other tobacco products.
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19. Section 7
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20. 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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22. Section 9
•Language in which the specified warning
shall be expressed.
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23. Section 10
•Size of letters and figures
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24. Section 11
•Testing laboratory for consituents and
emissions contents.
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25. 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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26. 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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27. 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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28. 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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29. 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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30. 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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31. 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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32. 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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33. Section 20
•Punishment for failure to give specified
warning
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34. Section 21
•Punishment for smoking and tobacco use
in certain places
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35. Section 22
•Punishment for advertisement and
advertisement material
Liable to pay 10 thousand and 50 thousand
rupees
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36. 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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37. 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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38. Section 25
•Offences to be cognizable and bailable
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39. 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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40. 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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41. Section 28
•Central government has power to add any
tobacco products in the Schedule
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42. Section 29
•Power of Central Government to make rules
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43. Section 30
•Act not to apply to cigarettes and other tobacco
products which are exported
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44. 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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45. Section 32
•Power to remove difficulties in
implementation of the Amendment Act
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46. 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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47. 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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48. References
•National Drug Dependence Treatment Centre,
AlIMS- Tobacco Control in India
•World health organization
www.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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