Implementation of Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008 - CBEC Instructions

By Vijay Kumar

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 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.”

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.

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, Board wants the Customs field formations dealing with clearance of these products to be instructed accordingly for effective implementation of the aforesaid Rules.

CBEC F.No.450/160/2009-Cus.IV Dated: December 29, 2009