The Mokokchung Chamber of Commerce and Industry (MCCI) has sought a one-month transition period following the Nagaland government’s decision to prohibit the manufacture, storage, transport, distribution and sale of food products containing tobacco or nicotine, warning that an abrupt implementation could result in substantial losses for traders across the state.
In a press release issued in response to a June 2 notification from the Directorate of Health and Family Welfare, Government of Nagaland, MCCI said it respects the government’s public health objectives and the legal provisions cited in the order but raised concerns over the practical implications of its implementation.
The notification, issued under the authority of the Commissioner of Food Safety and Commissioner & Secretary to the Government of Nagaland, prohibits tobacco and nicotine from being used as ingredients in any food product. The ban covers products such as gutkha, pan masala containing tobacco or nicotine, flavoured or scented chewable products, twin sachet products intended for mixing, and any food item containing tobacco or nicotine ingredients.
MCCI noted that while the notification states that the prohibition will remain in force throughout Nagaland for one year, it does not explicitly specify the date on which the order comes into effect.
“Although the notification states that the prohibition will remain in force for one year throughout the State of Nagaland, the effective date has not been specified, causing confusion among the public, particularly the business community,” the chamber stated.
The chamber also urged the government to consider the realities of business operations, arguing that the immediate enforcement of the prohibition would effectively render existing stocks contraband overnight.
“There are small retailers, as well as stockists and wholesalers, who would be affected by this prohibition,” MCCI said, requesting that businesses be given at least one month to return prohibited products through the supply chain or dispose of them through other approved means.
According to the chamber, failure to provide a transition period could result in losses running into crores of rupees for traders and distributors.
While expressing willingness to cooperate with the government, MCCI questioned whether the prohibition could be effectively enforced without addressing market realities, supply and demand dynamics and consumer behaviour.
The chamber cautioned that the ban could lead to the emergence of black-market suppliers, drawing comparisons with the challenges faced in enforcing the Nagaland Liquor Total Prohibition Act.
“Despite the government’s good intentions, the outcome is likely to prove futile, and this notification could become another failed prohibition,” it stated.
MCCI further appealed to the authorities to ensure that traders are not subjected to harassment, undocumented penalties or coercive measures during enforcement, and called for urgent clarification on the issues raised by the business community.
The government’s notification cites provisions under the Food Safety and Standards Act, 2006 and the Food Safety and Standards (Prohibition and Restrictions on Sale of Certain Products) Regulations, 2011, which prohibit the use of tobacco and nicotine as ingredients in food products. The order also refers to observations made by the Supreme Court regarding attempts by manufacturers to circumvent gutkha bans by selling pan masala and chewing tobacco separately for later mixing by consumers.