Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Excise & Customs
159-A, North Block,
New Delhi-110001.
29th December, 2009.
Instructions
To,
All Commissioners of Customs / Customs (Prev.).
All Commissioners of Customs & Central Excise.
Subject: Implementation of the Cigarettes and other Tobacco Products (Packaging
and Labelling) Rules, 2008 – regarding
Sir / Madam,
Please refer to the Board’s instructions of even number dated 6.10.2009 and the
DGFT Notification No. 108(RE-2008)2004-09 dated 5.6.2009 and the Ministry of
Health and Family Welfare Notifications No.GSR 182(E) dated 15.3.2008 and GSR
305(E) dated 3.5.2009 (copy enclosed) on the above mentioned subject.
- 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 in
the notification dated 3.5.2009 by way of an amendment 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.
- In view of the above, Board hereby instructs that the amendments introduced in
the aforesaid ‘Cigarettes and other Tobacco Products (Packaging and Labelling)
Rules, 2008’ and the Import Policy Note No.21 of Chapter 1A of the General Notes
regarding Import Policy issued by the DGFT may be implemented by all the Customs
field formations. 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, the Customs field formations dealing with clearance of
these products may be instructed accordingly for effective implementation of the
aforesaid Rules.
Encl:
1.Notification dated 15.03.2008
2.Notification dated 03.05.2009
3.Notification No. 108(RE-2008)/2004-2009
Yours faithfully,
(M.M. Parthiban)
Director (Customs)
F.No.450/160/2009-Cus.IV