Public comments / views invited on ‘Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Amendment) Bill, 2020’ before 31st January, 2021

The Ministry of Health and Family Welfare (“MoHFW”), Government of India has invited comments / views on the draft Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Amendment) Bill, 2020 (“Bill”). The Bill proposes further amendments to the Cigarettes and other Tobacco Products (Prohibition of Advertisement   and  Regulation of Trade and Commerce, Production, Supply and   Distribution) Act, 2003.

 

Comments / views must be e-mailed at cotpaamendment@gmail.com on or before 31st January, 2021 by 5 PM.

 

Key amendments are as follows –

 

Provision Principal Act Proposed Amendment Implication
Section 3 (a) (a) “advertisement” includes any visible representation by way of notice, circular, label, wrapper or other document and also includes any announcement made orally or by any means of producing or transmitting light, sound, smoke or gas (a) “advertisement” means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website or social media and includes through any notice, circular, label, wrapper, invoice or other documents or device Audio or visual publicity and numerous other modes of advertisement have been proposed to be added to the existing definition of advertisement; thereby increasing the scope of prohibition on advertising tobacco products
Section 3 (k) (k) “production”, with its grammatical variations and cognate expressions, includes the making of cigarettes, cigars, cheroots, beedis, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco, pan masala or any chewing material having tobacco as one of its ingredients (by whatever name called) or snuff and shall include–

 

(i) packing, labelling or re-labelling, of containers;

(ii) re-packing from bulk packages to retail packages; and

(iii) the adoption of any other method to render the tobacco product marketable.

(k) “production”, with its grammatical variations and cognate expressions,

includes the making of tobacco products and shall include-

 

(i) Packing, labeling or re-labelling, of containers;

(ii) Re-packing from bulk packages to retail packages; and

(iii) The adoption of any other method to render the tobacco product marketable.

The definition of production has been proposed to be modified to include all tobacco products as opposed to specific ones under the Principal Act
Section 4 – Prohibition of smoking in a public place No person shall smoke in any public place:

 

Provided that in a hotel having thirty rooms or a restaurant having seating capacity of thirty persons or more and in the airports, a separate provision for smoking area or space may be made.

No person shall smoke in any public place:

 

Provided that in a hotel having thirty rooms or a restaurant having seating capacity of thirty persons or more and in the airports, a separate provision for smoking area or space may be made.

The provision for separate smoking area or space has been proposed to be done away with
Section 5 – Prohibition of advertisement of cigarettes and other tobacco products (1) No person engaged in, or purported to be engaged in the production, supply or distribution of cigarettes or any other tobacco products shall advertise and no person having control over a medium shall cause to be advertised cigarettes or any other tobacco products through that medium and no person shall take part in any advertisement which directly or indirectly suggests or promotes the use or consumption of cigarettes or any other tobacco products. (1) No person shall directly or indirectly advertise cigarettes or any other tobacco products through any medium and no person shall take part in any advertisement that directly or indirectly promote the use or consumption of cigarettes or any other tobacco products It has been proposed that no person may directly or indirectly advertise cigarettes or any tobacco products through any medium
Section 6 – Prohibition on sale of cigarette or other tobacco products to a person below the age of eighteen years and in particular area No person shall sell, offer for sale, or permit sale of, cigarette or any other tobacco product–

 

(a) to any person who is under eighteen years of age, and

(b) in an area within a radius of one hundred yards of any educational institution.

No person shall sell, offer for sale, or permit sale of, cigarette or any other tobacco product –

 

(a) to or by any person who is under twenty-one years of age, and

(b) in an area within a radius of one hundred meters of any educational institution.

The minimum age of persons to whom cigarette or any tobacco product may be sold has been proposed to be increased from 18 to 21 years
Section 7 – Restrictions on trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products ……..

(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning.

 

………

………

(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning.

 

Provided that the trade and commerce in cigarette or any other tobacco product shall be in sealed, intact and original packaging.

 

……….

A provision has been proposed to be introduced in order to limit the trade of cigarettes and other tobacco products only in sealed and intact and original packaging
Section 10 – Size of letters and figures No specified warning or indication of nicotine and tar contents in cigarettes and any other tobacco products shall be deemed to be in accordance with the provisions of this Act if the height of each letter or figure, or both the used on such warning and indication is less than the height as may be prescribed by rules made under this Act. No specified warning or indication of nicotine and tar contents in cigarettes and any other tobacco products shall be deemed to be in accordance with the provisions of this Act if the height of each letter or figure, or both the used on such warning and indication is less than the height as may be prescribed by rules made under this Act.  
Section 10 (A) (Not present in Principal Act) 10A. (1) No person shall directly or indirectly, produce, supply or distribute, import, sell, offer for sale or permit sale of illicit cigarette or any other tobacco product.

 

(2) The manner in which illicit cigarette or any other tobacco product shall be identified, tracked or traced, be such as may be specified in the rules made under this Act.

 

Explanation. – For the purpose of this section, the expression, “illicit” means any practice or conduct prohibited by law and which relates to production, supply, distribution, import and sale, including any practice or conduct intended to facilitate such activity.

 

(3) No person shall directly or indirectly, produce, supply or distribute, import, sell, offer for sale or permit sale of cigarette

or any other tobacco product without license, registration or permission required by any law for the time being in force, of the Central Government or a State Government.

A new provision has been proposed which prohibits the production, supply and distribution, import and sale of illicit cigarette or any other tobacco product
Section 20 – Punishment for failure to give specified warning and nicotine and tar contents (1) Any person who produces or manufactures cigarettes or tobacco products, which do not contain, either on the package or on their label, the specified warning and the nicotine and tar contents, shall in the case of first conviction be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both, and for the second or subsequent conviction, with imprisonment for a term which may extend to five years and with fine which may extend to ten thousand rupees.

 

(2) Any person who sells or distributes cigarettes or tobacco products which do not contain either on the package or on their label, the specified warning and the nicotine and tar contents shall in the case of first conviction be punishable with imprisonment for a term, which may extend to one year, or with fine which may extend to one thousand rupees, or with both, and, for the second or subsequent conviction, with imprisonment for a term which may extend to two years and with fine which may extend to three thousand rupees.

(1) Any person who produces or manufactures cigarettes or any other tobacco products, in contravention of section 7 shall in the case of first conviction be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both, and for the second or subsequent conviction, with imprisonment for a term which may extend to five years and with fine which may extend to five lakh rupees.

 

(2) Any person who sells or distributes cigarettes or any other tobacco products, in contravention of section 7 shall in the case of first conviction be punishable with imprisonment for a term, which may extend to one year, or with fine which may extend to fifty thousand rupees, or with both, and, for the second or subsequent conviction, with imprisonment for a term which may extend to two years and with fine which may extend to one lakh rupees.

The punishment for non-compliance is proposed to be modified as follows:

 

Fine for first offence with regard to manufacturing cigarettes or tobacco products in contravention of labelling requirements related to specified warning, is proposed to be increased from Rs. 5,000/- to Rs. 1 Lakh and for subsequent offence the amount of fine has been increased from Rs. 10,000/- to Rs. 5 Lakh.

 

Further, the fine for producing, selling supplying or distributing cigarettes or tobacco products in contravention has been increased from Rs. 1,000/- to Rs. 50,000/- in the first instance and for subsequent offence, the amount of fine has been increased from Rs. 3,000/- to Rs. 1 Lakh

Section 20 A (Not present in Principal Act) (1) Any person who produces or manufactures or supplies or imports illicit cigarettes or any other tobacco products shall in the case of first conviction be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both, and for the second or subsequent conviction, with imprisonment for a term which may extend to five years and with fine which may extend to five lakh rupees.

 

(2) Any person who distributes, sell, offer for sale or permit sale of illicit cigarettes or any other tobacco products shall in the case of first conviction be punishable with imprisonment for a term, which may extend to one year, or with fine which may extend to fifty thousand rupees, or with both, and, for the second or subsequent conviction, with imprisonment for a term which may extend to two years and with fine which may extend to one lakh rupees.

Penalty has been proposed to be introduced for production, supply or import or sale of illicit cigarettes and other tobacco products
Section 21 – Punishment for smoking in certain places (1) Whoever contravenes the provisions of section 4 shall be punishable with fine which may extend to two hundred rupees. (1) Whoever contravenes the provisions of section 4 shall be punishable with fine of two thousand rupees. The maximum fine for smoking in public places has been proposed to be increased from Rs. 200/- to Rs. 2000/-
Section 22 – Punishment for advertisement of cigarettes and tobacco products (a) in the case of first conviction, with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both, and

 

(b) in the case of second or subsequent conviction with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.

(a) in the case of first conviction, with imprisonment for a term which may extend to two years or with fine which may extend to fifty thousand rupees or with both, and

 

(b) in the case of second or subsequent conviction with imprisonment for a term which may extend to five years and with fine which may extend to one lakh rupees.

Punishment for advertisement of cigarettes and tobacco products has been proposed to be enhanced wherein the first offence may attract fine extending to Rs. 50,000/- as opposed to the present fine of Rs. 1000/- and second / subsequent offence will attract fine of upto Rs. 1 Lakh as opposed to present fine which extends to Rs. 5,000/-

 

Source: Ministry of Health and Family Welfare

 

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