The Kohima Chamber of Commerce and Industry (KCCI) has sought a 30-day grace period and greater regulatory clarity following the Nagaland government’s June 4 notification prohibiting the sale of food products containing tobacco or nicotine, including gutkha, pan masala and twin-pack chewable products.
In a statement issued on Saturday, KCCI acknowledged the notification issued by the Department of Health & Family Welfare under the Food Safety and Standards Act, 2006, and said it does not contest its legal basis. However, it expressed concern that enforcement began immediately without a phase-out period, leaving small retailers with existing stock facing financial losses.
KCCI stated that many traders had lawfully purchased and stocked the products under licences that were valid at the time of purchase and now have no mechanism for return, refund or orderly disposal of stock.
ALSO READ | Nagaland bans gutkha, pan masala with tobacco for one year under Food Safety Act. Here’s why
The chamber requested the state government to grant a 30-day grace period from the date of its statement, during which existing legally acquired stock could be sold or returned without penalty.
KCCI also raised concerns over what it described as confusion regarding product classification and enforcement. It stated that cigarettes, beedis and loose tobacco are regulated under the Cigarettes and Other Tobacco Products Act (COTPA), 2003, and are not classified as food products under the Food Safety and Standards Authority of India (FSSAI) framework.
According to KCCI, these products fall outside the scope of the June 4 notification, and any enforcement action treating them as banned under the food safety order could result in losses for traders who stock only COTPA-regulated products.
The chamber urged the Department of Health & Family Welfare and the district administration to issue a clear public order specifying which products are prohibited under the notification and which remain permissible.
ALSO READ | MCCI warns traders could suffer losses worth crores, seeks clarity on implementation date and enforcement
KCCI further pointed to concerns involving Tobacco Vendor Licences (TVLs) issued by the Kohima Municipal Council (KMC). It noted that traders had already paid licence fees for the current tenure before the notification came into effect but that no guidance had been issued regarding the status of those licences or the fees collected.
The chamber called on KMC to either provide prorated refunds for the remainder of the licence period or recognise a limited sell-out window for existing stock under the current licence framework.
Among its recommendations, KCCI sought the constitution of a joint working group with representation from the business community to address implementation-related issues and assist traders during the transition period.
ALSO READ | Nagaland: Paiwang seeks statewide support for one-year tobacco ban
Stating that it remains committed to public health objectives and compliance with both the Food Safety and Standards Act and COTPA, KCCI said its appeal was aimed at ensuring due process and a proportionate implementation of the notification while safeguarding the livelihoods of traders operating within the law.
