Cigarettes and other Tobacco products (Packaging and Labelling), Second Amendment Rules, 2018-reg. - Customs - 20/2018

Circular No. 20/2018-Customs File No. 528/133/2011-STO (TU) Government of India Ministry of Finance Department of Revenue (Central Board of Indirect Taxes Customs) Tariff Unit ****** New Delhi, Dated 20th June, 2018 To, All Pr. Chief Commissioners/ Chief Commissioners of Customs/Customs (Preventive) All Pr. Chief Commissioners/ Chief Commissioners of GST, Central Excise and Customs All Pr. Directors General/ Directors General of CBIC Madam/Sir, Subject: Cigarettes and other Tobacco products (Packaging and Labelling), Second Amendment Rules, 2018-reg. Kindly refer to CBEC instructions vide F. No. 450/160/2009-Cus.IV dated 29.12.2009 and letters vide F. No. 528/133/2011-STO(TU) dated 30.11.2011 and 22.02.2012 sensitizing the officers about the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008 and implementation thereof with regard to the specified health warnings on the cigarettes and other tobacco products. 2. Attention is also invited to Board s Circular No. 09/2017-Customs dated 29.03.2017 , Board s letter of even No. dated 05.04.2017 and Board s Circular No. 27/2017-Customs dated 05.07.2017 , on disposal of seized/ confiscated cigarettes of foreign origin vis- -vis provisions of the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules 2008. 3. Now, MoH FW vide Notification GSR 283 (E) dated 26.03.2018 has notified the Cigarettes and other Tobacco products (Packaging and Labelling) Amendment Rules 2018 (effective from 01.04.2018) which prescribe that: in Rule 5 the ibid Rules, after the proviso below sub-rule (3), the following sub-rule shall be inserted, namely: - (4) Notwithstanding anything contained in the sub-rule (1) to (3), if the specified health warnings provided in paragraphs 1 and 2 of the Schedule are not amended by the Central Government with new specified health warnings at the end of the rotation period of the next rotation period, then the existing specified health warnings for the second twelve months shall continue for a further period of till the 31st day of the August 2018. Thus, the existing specified health warning will continue till 31st August 2018. 4. Further, the MoH FW vide Cigarettes and other Tobacco Products (Packaging and Labelling) Second Amendment Rules, 2018 notified by G.S.R. 331 (E) dated 03.04.2018 has specified a new set of health warnings which shall come into force on the 1st day of September, 2018. 5. In view of the above, it is requested that in addition to the existing statutory requirements, compliance of the amendments in health warning specifications prescribed by the COTP Amendment Rules, 2018 may also be ensured before clearance of import consignments or disposal of seized/confiscated tobacco products, including Cigarettes. 6. The Pr. Chief / Chief Commissioners / Directors General are requested to circulate the aforesaid amended guidelines to all formations under their charge for compliance. 7. Difficulties, if any, in implementation of the aforesaid guidelines may be brought to the notice of the Board. Yours faithfully, (Zubair Riaz) Director (Customs) ENCL :- MINISTRY OF HEALTH AND FAMILY WELFARE (Department of Health and Family Welfare) NOTIFICATION New Delhi, the 26th March, 2018 G.S.R. 283(E). -In exercise of the powers conferred by sub-section (1) of section 7, section 8, subsection (2) of section 9, section 10 and section 31 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (34 of 2003), the Central Government hereby makes the following rules further to amend the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008, namely:- 1. (1) These rules may be called the Cigarettes and other Tobacco Products (Packaging and Labelling) Amendment Rules, 2018. (2) They shall come into force on the 1st day of April, 2018. 2. In the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008, in rule 5, after the proviso below sub-rule (3), the following sub-rule shall be inserted, namely:- (4) Notwithstanding anything contained in sub-rules (1) to (3), if the specified health warnings provided in paragraphs 1 and 2 of the Schedule are not amended by the Central Government with new specified health warnings at the end of the rotation period for the next rotation period, then the existing specified health warnings for the second twelve months shall continue for a further period till the 31st day of August, 2018. [No. P.16011/02/2017-TC] VIKAS SHEEL, Jt. Secy. Note: The Principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification number G.S.R. 182(E), dated the 15th March, 2008 and lastly amended vide notification number G.S.R. 1016(E), dated the 16th August, 2017. MINISTRY OF HEALTH AND FAMILY WELFARE (Department of Health and Family Welfare) NOTIFICATION New Delhi, the 3rd April, 2018 G.S.R. 331(E). - In exercise of the powers conferred by sub-section (1) of section 7, section 8, sub-section (2) of section 9, section 10 and section 31 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (34 of 2003), the Central Government hereby makes the following rules further to amend the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008, namely:- 1. (1) These rules may be called the Cigarettes and other Tobacco Products (Packaging and Labelling) Second Amendment Rules, 2018. (2) They shall come into force on the 1st day of September, 2018. 2. In the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008,- (a) in rule 5, - (i) for sub-rule (2), the following sub-rule shall be substituted, namely:- (2) During the rotation period, there shall be two images of specified health warning which shall appear consecutively on the package with an interregnum period of twelve months. ; (ii) in sub-rule (3), for proviso, the following proviso shall be substituted, namely:- Provided that the date of coming into effect of the second image (image 2) of specified health warning, shall be for all tobacco products manufactured or imported after the completion of twelve months from the date of commencement of first image (image 1). ; (iii) sub-rule (4) shall be omitted. (b) in the Schedule,- (i) in paragraph 1, for clause (i), the following clause shall be substituted, namely:- (i) Textual Health Warning.- For smoking and smokeless forms of tobacco products, the word TOBACCO CAUSES CANCER and the word TOBACCO CAUSES PAINFUL DEATH shall appear in white font colour on a red background and the words QUIT TODAY CALL 1800-11-2356 shall appear in white font colour on a black background. The intensity of color in the background of the textual health warning shall be: White: C:0%, M:0%, Y:0% K:0%, Red: C:0%, M:100%, Y:100% K: 0% and Black: C:0%, M:0%, Y:0% K: 100%. The textual health warnings shall be printed with four colors with printing resolution of minimum 300 DPI (Dots per inch). The font type and colour of the health warning shall be exactly as uploaded on the web site www.mohfw.gov.in ; (ii) for paragraph 2, the following paragraph shall be substituted, namely:- 2. The specified health warnings shall be- (a) Image-1, which shall be valid for a period of twelve months following its commencement. (b) Image-2, which shall come into effect following the end of twelve months from the date of commencement of specified health warning of Image-1. [No. P 16011/02/2017-TC] VIKAS SHEEL, Jt. Secy. Note. The Principal rules were published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide notification number G.S.R. 182 (E), dated the 15th March, 2008 and lastly amended vide notification number G.S.R. 283 (E), dated the 26th March, 2018.