Labelling Restrictions on Cigarettes to Apply in Duty Free Shops Also

[Ref: CBEC Instruction F.No. 450/160/2009-Cus.IV dated 29 December 2009]

Subject: Implementation of the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008.

Please refer to the Board’s instructions of even number dated 6.10.2009 and the DGFT Notification No. 108(RE-2008)2004-09 dated 5.6.2009 and the Ministry of Health and Family Welfare Notifications No.GSR 182(E) dated 15.3.2008 and GSR 305(E) dated 3.5.2009 on the above mentioned subject.

2. The provisions of the ‘Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008’ require that every package of cigarette or any other tobacco product shall have the specified health warning in the manner specified in the Schedule to the Rules. Such health warning shall occupy at least 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. Further, it has been clarified in the notification dated 3.5.2009 by way of an amendment that the package shall mean any type of pack in which cigarette or other tobacco product is packed for consumer sale. The DGFT had also issued a notification on 5.6.2009 whereby a general note has been added to the import policy for complying with the said rules as follows:

“21. Import of cigarette or any other tobacco product shall be subject to the provisions contained in the “Cigarettes and other Tobacco Products (Packaging and Labelling) Amendment Rules, 2009”, as notified by the Ministry of Health & Family Welfare.”

3. In view of the specific provisions whereby compliance with the Cigarettes Packaging and Labelling Rules have been made mandatory on imported cigarettes and tobacco products as a part of the Import Policy, the Customs field formations are required to enforce its compliance. Hence, distribution or sale of cigarettes in duty free shops shall also be subject to compliance of the aforesaid Cigarettes Packaging and Labelling Rules.

4. In view of the above, Board hereby instructs that the amendments introduced in the aforesaid ‘Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008’ and the Import Policy Note No.21 of Chapter 1A of the General Notes regarding Import Policy issued by the DGFT may be implemented by all the Customs field formations. Since the specified health warning, pictorial representation of ill effects of tobacco use and health message on imported cigarettes and other tobacco products are intended for public awareness and are components of specified health warning, the Customs field formations dealing with clearance of these products may be instructed accordingly for effective implementation of the aforesaid Rules.

[Ref: Ministry of Health and Family Welfare (Department of Health) Notification dated 15th March 2008]

In exercise of the 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), and in supersession of the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2006, except as respects things done or omitted to be done before such supersession the Central Government hereby makes the following rules, namely:-

1. Short title and Commencement

These Rules may be called the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008 and they shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions

(a) “Act” means the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003;

(b) “package” means box, pouch, conical, cylindrical or any other type of pack used for packing cigarette and other tobacco products.

(i) for box type packages, two equal sized largest surface area of the box that may be displayed or visible under normal or customary conditions of sale or use;

(ii) for pouch type packages, the entire surface area of the pack that may be displayed or visible under normal conditions of sale or use;

(iii) for conical or cylindrical type of packages, the entire curving area of the pack that may be displayed or visible under normal or customary conditions of sale or use;

(iv) for any other form or type of package, the entire surface area of the pack that may be displayed or visible under normal or customary conditions of sale or use;

(d) ‘’specified health warning” means, such health warnings as specified by the Central Government from time to time, in the Schedule to these rules.

3. Manner of packing and labelling

(1) Every person engaged directly or indirectly in the production, supply, import or distribution of cigarette or any other tobacco product shall ensure that:

(a) every package of cigarette or any other tobacco product shall have the specified health warning exactly as specified in the Schedule to these rules;

(b) the specified health warnings shall occupy at least forty per cent (40%) of the principal display area 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 further that for box and pouch type of packs, the specified health warning shall appear on both sides of the pack, on the largest panels;

(c) none of the elements of the specified warning are severed, covered or hidden in any manner when the package is sealed or opened;

(d) no messages that directly or indirectly promote a specific tobacco brand or tobacco usage in general are inscribed on the tobacco product package;

(e) no product shall be sold unless the package contains the specified health warning;

Provided that the specified health warning shall be printed on every retail pack in which the tobacco product is normally intended for consumer use or retail sale, as well as any other external packaging, such as cartons or boxes;

(f) the specified warnings shall be inscribed in the language used on the pack;

Provided that not more than two languages shall be used on the pack, so as to ensure that the specified warning is legible and prominent;

(g) no tobacco product package or label shall contain any information that is false, misleading, or deceptive, or that is likely or intended to create an erroneous impression about the characteristics, health effects, or health or other hazards of the tobacco product or its emissions. This prohibition includes, but is not limited to, the use of words or descriptors, whether or not part of the brand name, such as “light”, “ultra light”, “mild”, “ultra mild”, “low tar”, “slim”, “safer”, or similar words or descriptors; any graphics associate with, or likely or intended to be associated with, such words or descriptors; and any product package design characteristics, associated with, likely or intended to be associated with, such descriptors.

4. Prohibition on obscuring, masking, altering or detracting from the Specified Health Warnings

No person shall sell or supply any product, device, or other thing that is intended to be used, or that can be used, to cover, obscure, mask, alter, or otherwise detract from the display of specified health warning on the tobacco product package. This includes prohibition to design the product package or parts of the package, or accessories thereto, with any cover that may obscure the prescribed messages.

5. Rotation of specified health warnings

The specified health warning on tobacco packs shall be rotated ever twelve months from the date of notification of the rules or earlier as specified by the Central Government.

Schedule
(See rule 3)

1. Components of specified health warning

The components for the specified health warning shall include:

(1) Health warning

The warning “Smoking Kills” (on smoking forms of tobacco products) and “Tobacco Kills” (on smokeless or chewing and other forms of tobacco products) shall appear in white font colour on a red background (consisting of 100% magenta+100% yellow).

(2) Pictorial representation of ill effects of tobacco use

Pictorial depiction of the ill effects of tobacco use on health, shall be placed below the health warning and should appear in colour exactly as in the soft copy provided in the Compact Disk CD accompanying these rules.

(3) Health message

Every specified health warning shall include the health message in black font colour on a white background. The health message should be printed in easy to read black font on a white background and the font type or the font size shall be, exactly as per the soft copy provided in the CD along with these rules.

2. The specified health warnings are-

(1) For smoking forms of tobacco packs:-

(2) For chewing or smokeless forms of tobacco packages;-

Note: These rules are accompanied by a CD that contains a soft copy of these health warnings, for inclusion in printing of tobacco product packages.

3. Size of the specified health warning

(1) The size of the specified health warning on each panel of the tobacco pack shall ensure that the warning is legible and prominent.

(2) The size of all components of the specified health warning shall be increased proportionally according to increase of the package size to ensure that the specified health warning occupies forty 40% (per cent) of the principal display area of the pack.

4. Language

Each health warning and health message has been specified in English and regional languages. Appropriate language combination should be selected from the combination provided in the CD to ensure that the language selected for health warning and health message are in conformity with the language used on the pack by the manufacturer. Where more than one language is used on the pack, the specified health warning and health message shall be given separately in each of the language.

Provided that not more than two languages shall be used on the pack.

5. Printing

Subject to sub-paragraph (2) of paragraph 3 of this Schedule, while printing, it must be ensured that the colour, intensity and clarity of all the components of the specified health warning are not tampered with.

[F.No. P-16011/07/2005-PH]

[Ref: Ministry of Health and Family Welfare (Department of Health and Family Welfare) Notification dated 3rd May 2009]

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]

[DGFT Notification No. 108 dated 5th June 2009]

In exercise of powers conferred by Section 5, read along with Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992, also read along with paragraph 2.1 of the Foreign Trade Policy – 2004-09, the Central Government hereby amends Schedule-I of the ITC (HS) Classification of Export and Import Items, 2004-09 as under:

1. The following condition will be added to chapter 1A: General Notes regarding Import Policy :

2. This issues in public interest.