Kohima, June 13 (MExN): The Kohima Chamber of Commerce and Industry (KCCI) on Saturday urged the State Government of Nagaland to grant a 30-day grace period for small retailers to clear or return existing stocks of gutkha, pan masala and twin-pack chewable tobacco products, following the June 4 enforcement of a ban by the Department of Health and Family Welfare (DoHFW) with no transition period.
The KCCI, while accepting the legal validity of the prohibition issued under the Food Safety and Standards Act (FSSA), 2006, said enforcement had begun “immediately and without a phase-out notice,” leaving small shop owners who had lawfully stocked these products under valid licences with no mechanism for return, refund, or orderly sell-down.
“Traders who acted in good faith within a valid regulatory framework are entitled to a reasonable transition before enforcement takes effect,” the Chamber said in a statement released here.
Seeks clear public order
The Chamber also highlighted a jurisdictional ambiguity causing what it described as “disproportionate enforcement on the ground.” Cigarettes, beedis and loose tobacco products, it said, are governed exclusively by the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), a central legislation, and do not fall under the FSSAI framework that “fall outside the scope of the June 4 notification.”
KCCI said enforcement actions treating COTPA-governed products as banned under the food safety order amounted to a misapplication of jurisdiction and were causing financial loss to traders who stock only these legally permissible goods.
The Chamber requested the DoHFW and the District Administration of Kohima to issue a “single, clear public order” listing which products are banned and which remain permissible, to ensure enforcement is both lawful and targeted.
KMC licence fee issue
A separate grievance was raised against the Kohima Municipal Council (KMC), which had issued Tobacco Vendor Licences (TVL) and collected fees from traders for the current tenure prior to the notification. Since June 4, the KMC has issued no updated guidance or revised schedule of permitted trade, and has provided no remedy for fees already paid for licences that can no longer be exercised in full.
KCCI called on the KMC to either prorate and refund the balance TVL fees for the remainder of the current tenure, or formally recognise a limited sell-out window within which existing stock may be cleared under the current TVL.
Four-point demand
The Chamber laid out four specific demands. It sought a 30-day grace period from the State Government for retailers to sell or return legally acquired stock without penalty. It also called on the Department of Health and Family Welfare and the District Administration to Issue a definitive public order distinguishing products banned under the June 4 notification from those that remain permissible under COTPA, to prevent unlawful seizure of legally-held goods.
Additionally, the Chamber demanded immediate guidance from the KMC on TVL fees already collected, along with either a prorated refund or a recognised sell-out window for affected licence holders.
Finally, KCCI asked all concerned authorities to constitute a joint working group with KCCI representation to manage field-level queries and trade transition during the implementation period.
The KCCI said it remained committed to public health goals and to compliance with both the FSSAI Act and COTPA. “This statement is a request for due process, for proportionate implementation that respects the livelihoods of the local business community that has operated within the law,” it stated.
The June 4 notification by the DoHFW prohibits the manufacture, storage, distribution and sale of food products containing tobacco or nicotine, including gutkha, pan masala and flavoured chewing tobacco, across the state.
