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Instruction No. 2/2023

F. No. 401/02/2023-Cus-III
Government of India
Ministry of Finance
Department of Revenue
(Central Board of Indirect Taxes & Customs)

North Block, New Delhi
Dated 7th January, 2023

To
All Principal Chief Commissioner/ Chief Commissioner of Customs/ Customs (Preventive).
All Principal Chief Commissioner/ Chief Commissioner of Central Excise & Customs.
All Principal Chief Commissioner of Customs/ Customs (Preventive) under CBIt
All Pr. Director /Director General under CBIC

Subject: – Instruction regarding Health Warning on both sides of the tobacco product packages covering 85% of display area – reg.

Madam/Sir,

Reference is invited to D.O. letter No. P.16011/02/2017-TC (Part 1) dated 09.12.2022 from the Department of Health and Family Welfare, Ministry of Health and Family Welfare (MoHFW), New Delhi on the above-mentioned subject (copy enclosed).

2. Vide this DO dated 09.12.2022, MoHFW has informed that the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, COTPA, 2003 is applicable to all the tobacco products and extends to whole of the country. Section 7 of the Act provides for specified Health Warning on all tobacco product packs. These rules have been amended time to time, for display of specified health warning on both sides of the tobacco product packages covering 85% of the principal display area. The rules were amended last in July, 2020 dated 21.07.2020.

3. Now, MoHFW vide Cigarettes and other Tobacco Products (Packaging and Labelling) Amendment Rules, 2022 (copy enclosed) has notified the new set of specified health warning which has come into force on the 1st day of December, 2022. In this regard, a Public Notice has also been published on NTCP portal and MoHFW website (copy enclosed).

4. The undersigned is directed to say that necessary action should be taken to sensitize officers in your jurisdiction and to effectively implement these new provisions.

5. The difficulties, if any, in the implementation of this Instruction may be brought to the notice of the Board. Hindi version follows.

Encl: as above

Yours faithfully,
(Manish Kumar Choudhary)
Under Secretary (Cus.III)
Email: [email protected]

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