Instruction regarding Health Warning on both sides of the tobacco product packages covering 85% of display area - Customs - Instruction No. 2/2023

Instruction No. 2/2023 F. No. 401/02/2023-Cus-III Government of India Ministry of Finance Department of Revenue (Central Board of Indirect Taxes Customs) North Block, New Delhi Dated 7th January, 2023 To All Principal Chief Commissioner/ Chief Commissioner of Customs/ Customs (Preventive). All Principal Chief Commissioner/ Chief Commissioner of Central Excise Customs. All Principal Chief Commissioner of Customs/ Customs (Preventive) under CBIO All Pr. Director [Director General under CBIC Subject: - Instruction regarding Health Warning on both sides of the tobacco product packages covering 85% of display area - reg. Madam/Sir, Reference is invited to D.O. letter No. P.16011/02/2017-TC (Part 1) dated 09.12.2022 from the Department of Health and Family Welfare, Ministry of Health and Family Welfare (MoHFW), New Delhi on the above-mentioned subject (copy enclosed). 2. Vide this DO dated 09.12.2022, MoHFW has informed that the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, COTPA, 2003 is applicable to all the tobacco products and extends to whole of the country. Section 7 of the Act provides for specified Health Warning on all tobacco product packs. These rules have been amended time to time, for display of specified health warning on both sides of the tobacco product packages covering 85% of the principal display area. The rules were amended last in July, 2020 dated 21.07.2020. 3. Now, MoHFW vide Cigarettes and other Tobacco Products (Packaging and Labelling) Amendment Rules, 2022 (copy enclosed) has notified the new set of specified health warning which has come into force on the 1st day of December, 2022. In this regard, a Public Notice has also been published on NTCP portal and MoHFW website (copy enclosed). 4. The undersigned is directed to say that necessary action should be taken to sensitize officers in your jurisdiction and to effectively implement these new provisions. 5. The difficulties, if any, in the implementation of this Instruction may be brought to the notice of the Board. Hindi version follows. Encl: as above Yours faithfully, (Manish Kumar Choudhary) Under Secretary (Cus. IV) Email: [email protected] Tele: 011 23094012 Government of India Department of Health and Family Welfare Ministry of Health and Family Welfare D.O. No. P.16011/02/2017-TC (Part 1) 9th December 2022 Dear Sanjay, The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act COTPA, 2003 was enacted in order to discourage the use of tobacco and to protect the youth and the masses from exposure to second hand smoke. This Act is applicable to all the tobacco products and extends to whole of the country. Section 7 of the Act provides tor Specified Health Warnings on all tobacco product packs. 2. The Ministry notified the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, vide G.S.R. 182(E), dated 15th March, 2008 and the Rules have been amended from time to time, for display of specified health warnings on all tobacco product packs, thereby mandating the display of specified health warnings on both sides of the tobacco product packages covering 85% of the principal display area. The rules were amended last in July, 2020 vide GSR 458(E), dated 21st July, 2020. 3. As per Rule 5 of the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, the specified health warning on tobacco product package shall be rotated every twenty-four months. Now, the Ministry of Health Family Welfare vide Cigarettes and other Tobacco Products (Packaging and Labelling) Amendment Rules, 2022 [copy enclosed] has notified the new set of specified health warnings which shall come into force on the 1st day of December, 2022. In this regard, a Public Notice has also been published on NTCP portal and MoHFW website. [A copy of the same is enclosed for reference). 4. In view of the above, it is requested that the field formations of Department of Customs Excise may please be duly informed and sensitized about these Rules for effective implementation of the same. Warm Regards Yours sincerely, Sd/- (Rajesh Bhushan) Encl. : A/a Shri Sanjay Malhotra, Secretary, Department of Revenue, North Block. New Delhi MINISTRY OF HEALTH AND FAMILY WELFARE (Department of Health and Family Welfare) NOTIFICATION New Delhi, the 21st July, 2022 G.S.R. 592(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) Amendment Rules, 2022. (2) They shall come into force on the 1st day of December, 2022. 2. In the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008, 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 words TOBACCO CAUSES PAINFUL DEATH in Image-1 and the words TOBACCO USERS DIE YOUNGER in Image-2 shall appear in white font colour on a red background. The words QUIT TODAY CALL 1800-11-2356 shall appear in white font colour on a black background. The intensity of colour 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 colours 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 website www.mohfw.gov.in OR ntcp.nhp.gov.in (ii) for paragraph 2, the following paragraph shall be substituted, namely : - 2. The specified health warnings shall be - (a) Image-1, shall be valid for a period of twelve months following its commencement. Image-1 ( b) Image-2, shall come into effect following the end of twelve months from the date of commencement of specified health warning of Image-1. Image-2 Note. - The soft or printable version of the specified health warnings are available on the websites www.mohfw.nic.in and ntcp.nhp.gov.in [F. No. P.16012/03/2020-TC] ROLI SINGH, Addl. Secy. Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 182(E), dated the 15th March, 2008 and lastly amended vide notification number G.S.R. 458(E), dated the 21st July, 2020.