CIR NO. 896/16/2009-CX, DT. 01/09/2009

CIR NO. 896/16/2009-CX, DT. 01/09/2009

Implementation of the provisions of COTP Act, 2003 and The Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008”- Empowering the Customs & Central Excise Officers - regarding

Ministry of Health & Family Welfare has notified the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008 prescribing the manner in which the specified health warning shall be displayed on the tobacco product packs covering all types of tobacco products, produced, supplied or distributed in India. The Rules have come into effect from 31.05.2009. In this regard, Board’s instructions of even number dated 02.06.2009 may also be referred. All the tobacco products manufactured/ packaged/ imported for sale in India have to bear the specified health warnings as prescribed. A copy of relevant rules/ notifications which have now been received from the Ministry of Health & Family Welfare, is enclosed for ready reference.

2. Further, the Ministry of Health & Family Welfare has vide Notification dated 30.07.2009 [S.O.1866 (E)] issued from F.No.P-16011/7/2005-PH-I (copy enclosed), notified all officers of the level of Superintendent and above of the Customs & Central Excise as competent to act under Sections 12 and 13 of the COTP Act, 2003 and conferred to them the power of Entry, Search and Seizure under the provisions of the said Act. It is clarified here that the officers are empowered under these provisions only for the places registered with the Central Excise department like factory, and not for other premises of dealers/ retail shops, which are not registered with the department.

3. In view of above, the officers of Central Excise & Customs should ensure that no tobacco products are cleared from the premises registered with the Central Excise department or imported into India without bearing the specified health warning and other requisites as prescribed in the Rules.

4. Trade & Industry as well as field formations may be suitably informed.

5. Receipt of this circular may kindly be acknowledged.

6. Hindi version will follow.

Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008 THE GAZETTE OF INDIA: EXTRAORDINARY _______[Part II—SEC 3(i)]
MINISTRY OF HEALTH FAMILY WELFAREv (Department of Health and Family Welfare)
NOTIFICATION
New Delhi, the 3rd May, 2009
G.S.R.305(E).—In exercise of powers conferred by sub-section (1) of section 7, sub-section 2 of section 8, 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 amendments to 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, 2009.

(2) They shall come into force on 31st May 2009.

2. In the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008

(1) In rule 2, for clause (b) the following clause shall be-substituted, namely:-

""package" means any type of pack in which cigarette and other tobacco product is packaged for consumer sale but shall not include wholesale, semi wholesale or poora packages if such packages are not intended for consumer use.""

(2) In rule 3, in sub rule (1), for clause (b) the following clause shall be substituted, namely:-

(b) " the specified health warnings shall occupy at least forty percent (40%) of the principal display area of the front panel of the pack and shall be positioned parallel to the top edge of the package and in the same direction as the information on the principal display area:

Provided that for conical packs, the widest end of the pack shall be considered as the top edge of the pack:"

[No. 16011/07/2005-PH]

B.K.PRASAD, Jt.Secy.

Note :- Principal rules were published vide GSR No. 182(E) dated 15th March, 2008 and subsequently amended vide GSR No. 693(E) dated 29-9-08 and Vide S.O 2814 (E) dated 28-11-08.

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Notification dated 30.07.2009 by Ministry of Health & Family Welfare

THE GAZETTE OF INDIA: EXTRAORDINARY _______[Part II—SEC 3(ii)]
MINISTRY OF HEALTH FAMILY WELFARE
(Department of Health and Family Welfare)
NOTIFICATION
New Delhi, the 30th July, 2009
S.O.1865(E).—In exercise of powers conferred by sub-section (3) of section 1 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 appoints 30th day of July 2009 as the date on which the provisions of clause (a) of sub-section (1) of section 12, clause (a) of sub-section (1) of section 13,15,17,18,32 and 33 of the said Act shall come into force.

[P- 16011/7/2005-PH]
B.K.PRASAD, Jt.Secy.

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Notification empowering officers of Customs and Central Excise

THE GAZETTE OF INDIA: EXTRAORDINARY
NOTIFICATION
New Delhi the 30th July, 2009

S.0.1866(E).—In exercise of the powers conferred by sub-section (1) of Section 25 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 Gov¬ernment hereby authorises officers mentioned in column (2) of the Table given below, who shall be competent to act under sections 12 and 13 of the said Act and are conferred with the power of Entry, Search and Seizure under the said provision of the said Act.

TABLE

S.No.      Desigantion        Department
(1)        (2)         (3)
Department of
Revenue
1. All officers of the level of Superintendent and above of the Customs and Central Excise.
(1)      (2)          (3)
Department of Revenue/ Health Transport of the State
Labor Department
O/o. Commissioner of Industries/Small Scale Industries.

Department of Food and Drugs and Department of Home Affairs.

2. All officers of the rank of Inspectors and above of Sales Tax /Health/Transport Departments

3. Junior Labor Commissioner and above

4. Joint Director

5. Sub-Inspector and above of Police/State Food and Drug Administration or any other officer holding the equivalent rank of Sub-Inspector of Police.

[P.16011/7/2005-PH-I]
B.K. PRASAD.Jt.Secy.

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Yours faithfully,

(Amish Kumar Gupta)
OSD (CX-8)

F.No.267/50/2007-CX-8