Circular No. 896 /16/ 2009-CX

Regarding implementation of the provisions of COTP Act, 2003 and The Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008 - Empowering the Customs & Central Excise Officers

Circular No. 896 /16/ 2009-CX

F.No.267/50/2007-CX-8

Government of India
Ministry of Finance
Department of Revenue
(Central Board of Excise & Customs)

  New Delhi, dated the 1^st September, 2009.

To,

All Director Generals,

All Chief Commissioners of Central Excise (including LTU),

All Chief Commissioners of Customs,

All Commissioners of Central Excise (including LTU),

All Commissioners of Customs.

Sir/ Madam,   

Subject: Implementation of the provisions of COTP Act, 2003 and The Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008”- Empowering the Customs & Central Excise Officers - regarding

Ministry of Health & Family Welfare has notified the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008 prescribing the manner in which the specified health warning shall be displayed on the tobacco product packs covering all types of tobacco products, produced, supplied or distributed in India. The Rules have come into effect from 31.05.2009. In this regard, Board’s instructions of even number dated 02.06.2009 may also be referred. All the tobacco products manufactured/ packaged/ imported for sale in India have to bear the specified health warnings as prescribed. A copy of relevant rules/ notifications which have now been received from the Ministry of Health & Family Welfare, is enclosed for ready reference.

2. Further, the Ministry of Health & Family Welfare has vide Notification dated 30.07.2009 [S.O.1866 (E)] issued from F.No.P-16011/7/2005-PH-I (copy enclosed), notified all officers of the level of Superintendent and above of the Customs & Central Excise as competent to act under Sections 12 and 13 of the COTP Act, 2003 and conferred to them the power of Entry, Search and Seizure under the provisions of the said Act. It is clarified here that the officers are empowered under these provisions only for the places registered with the Central Excise department like factory, and not for other premises of dealers/ retail shops, which are not registered with the department.

3. In view of above, the officers of Central Excise & Customs should ensure that no tobacco products are cleared from the premises registered with the Central Excise department or imported into India without bearing the specified health warning and other requisites as prescribed in the Rules.

4. Trade & Industry as well as field formations may be suitably informed.

5.  Receipt of this circular may kindly be acknowledged.

6. Hindi version will follow.

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Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008

Notification dated 30.07.2009 by Ministry of Health & Family Welfare

Notification empowering officers of Customs and Central Excise

Yours faithfully,

(Amish Kumar Gupta)

OSD (CX-8)