Maharashtra Government Declares Hookah Tobacco Not Food Under FSS Act
Hookah, tobacco is not ‘food’, doesn’t come under FSS Act: State tells HC
Hindustan Times
Image: Hindustan Times
The Maharashtra government has informed the Bombay High Court that flavored hookah tobacco is not classified as 'food' under the Food Safety and Standards Act, 2006. This declaration comes amid legal challenges from manufacturers SOEX India and High Street Impex LLP, whose operations were halted due to alleged regulatory violations.
- 01Maharashtra claims flavored hookah tobacco is not food, thus exempt from FSS Act.
- 02The court criticized the state's strict enforcement against tobacco manufacturers.
- 03Authorities had previously sealed properties and seized goods worth ₹32 crore.
- 04The state plans to unseal the premises and release seized goods following court orders.
- 05A clarification from FSSAI supports the state's stance that hookah tobacco is not food.
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The Maharashtra state government has asserted in a recent affidavit to the Bombay High Court that flavored hookah tobacco does not qualify as 'food' under the Food Safety and Standards (FSS) Act of 2006. This statement arose in response to petitions from SOEX India and High Street Impex LLP, which faced significant operational disruptions after authorities raided their facilities in Pune district and Bhiwandi, sealing their premises and seizing goods valued at approximately ₹32 crore (around $3.9 million USD). During a court hearing, the companies argued that they were unfairly targeted compared to competitors. The state maintained that current regulations prohibit the manufacture of tobacco products in Maharashtra. However, the court expressed concerns over the state’s rigid enforcement and warned of potential damages if the actions were deemed unjustified. Following this, the state announced plans to unseal the companies' premises and return the seized goods. A subsequent affidavit referenced a clarification from the Food Safety and Standards Authority of India (FSSAI) stating that flavored hookah tobacco does not fall under the definition of 'food', justifying the lack of regulatory action against the manufacturers.
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The ruling could allow tobacco manufacturers in Maharashtra to resume operations and avoid financial losses from halted exports.
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