Bhubaneswar, Jan. 4: The Odisha government today issued a notification enforcing a ban on the manufacture, storage, sale and distribution of gutka and pan masala containing tobacco or nicotine as ingredients.

Those violating the ban will be liable to pay a penalty of up to Rs 10 lakh as fine or imprisonment up to six years.

From the fines collected, the government will provide compensation of Rs 5 lakh to family members in case of death caused by consumption of gutka and pan masala, Rs 3 lakh for grievous injury and Rs 1 lakh for injury caused by tobacco products. The compensation is to be paid within six months and interim relief within 30 days.

The ban was imposed under the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011. Odisha is the 15th state to clamp the ban.

“It is felt expedient to prohibit gutka and pan masala in the state, as they are food products in which tobacco and nicotine are widely used as ingredients, which are injurious to health,” said Odisha health secretary Pradipta Mohapatra.

Henceforth, raids will be conducted on shops and go-downs where gutka or pan masala containing tobacco or nicotine are being sold or stored, he said. On January 1, health minister Damodar Rout had announced that gutka and pan masala would be banned in Odisha in public interest because its excessive consumption leads to oral cancer.

Gutka and pan masala are widely sold among youths and lower income groups in Odisha since these are cheap. Incidence of oral cancer is prevalent in Odisha, which gave rise to concern among the public health experts and activists.

Under the provisions of the Food Safety and Standards Act, a person manufacturing or selling unsafe food products causing grievous injury is liable to punishment of fine up to Rs 5 lakh or up to six years imprisonment. The penalty in case of no grievous injury is fine up to Rs 3 lakh or imprisonment up to one year and for no injury/bodily harm, a fine up to Rs 1 lakh or six months jail.

The licence of those manufacturing or selling or distributing banned items will be cancelled and their establishments may be forfeited, said a senior officer of the health department.

In May 2004, police officials not below the rank of sub-inspectors and food inspectors had been authorised to take action in their respective areas of jurisdiction under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act.