END of ENDS: Union Health Ministry places bill in Public Domain, invites comments

New Delhi: Making strides in ending the use of Electronic Nicotine Delivery Systems (ENDS) in the country, the Union Ministry of Health and Family Welfare (MOHFW) has now put the bill in public domain for comments

Medical Dialogues had earlier reported that calling for total prohibition of such systems, the Government of India promulgated an Ordinance namely 'Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019" on 18th September 2019.

The Department of Health and Family Welfare, now proposes to introduce the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Bill, 2019 in the forthcoming session of Parliament. The said Bill is placed in the public domain (www.mohfw.gov.in), as part of pre-legislative consultations, with a view to eliciting the comments/views of public. The comments should be specific and focused on the provisions of die Bill.

The comments/views may be forwarded to Under Secretary (Tobacco Control), Department of Health and Family Welfare, Room No- 414 'D', Nirman Bhawan, New Delhi- 110011 or e-mailed at ntcp.mohfw@gmail.com on or before 8th November 2019.

The bill calls for a total ban on Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement of Electronic Cigarettes. Electronic cigarette" under the bill have been defined to include an electronic device that heats a substance, with or without nicotine and flavours, to create an aerosol for inhalation and includes all forms of Electronic Nicotine  Delivery Systems, Heat Not Bum Products, e-Hookah and the like devices, by whatever name called and whatever shape, size or form it may have. but does not include any product licensed under the Drugs and Cosmetics Act, 1940.

The bill clearly mentions that it is expedient in the public interest that the Union should take under its control the electronic cigarettes industry.

Hence the bill calls to prohibit the production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes in the interest of public health to protect the people from harm and for matters connected therewith or incidental thereto;

The bill clearly states that on the date of commencement of the act no person shall, directly or indirectly produce or manufacture or import or export or transport or self or distribute electronic cigarettes. whether as a complete product or any part thereof. The bill also states that no person will advertise electronic cigarettes or take part in any advertisement that directly or indirectly promotes the use of electronic cigarettes.

Violation of this provision shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and with fine which may  extend to five lakh rupees.

Besides this, the bill calls for a clear cut Prohibition on the storage of electronic cigarettes, adding that if there is an owner with an existing stock, he/she  shall, on suomoto, prepare a list of such stock of electronic cigarettes in his possession and without unnecessary delay to submit the stock as specified in the list to the nearest office of the authorized officers

The authorized officer to whom any stock of electronic cigarettes are forwarded under clause (a) shall, with all convenient despatch, take such measures as may be necessary for the disposal according to the law for the time being in force, the bill adds.

Storage of e-cigarettes shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees or with both.

The offences an offence under section 4 shall be cognizable. The bill also specifies that if the offences are made in case of a company then the persons in charge including director, manager, secretary or other officers shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly

The bill also provides an authorised officer under the act to have the power to enter, search and seize without warrant any place where—

(a) any trade or commerce in electronic cigarettes is carried on or electronic cigarettes are produced, supplied, distributed, stored or transported; or

(b) any advertisement of the electronic cigarettes has been or is being made.

The comments/views may be forwarded to Under Secretary (Tobacco Control), Department of Health and Family Welfare, Room No- 414 'D', Nirman Bhawan, New Delhi- 110011 or e-mailed at ntcp.mohfw@gmail.com on or before 8th November 2019.

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