Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act

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Context

• With e-cigarettes easily available online and at tobacco shops despite a ban, the Union Health Ministry has issued a public notice for stricter implementation of the Act which prohibits manufacture, sale and advertisements of electronic cigarettes.

The Act and its provisions

• The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act replaced an Ordinance promulgated in September 2019.
• The Act seeks to prohibits the production, trade, storage, and advertisement of electronic cigarettes. 

Electronic cigarettes

• The Bill defines electronic cigarettes (e-cigarettes) as electronic devices that heat a substance, which may contain nicotine and other chemicals, to create vapour for inhalation. 
• These e-cigarettes can also contain different flavours and include all forms of electronic nicotine delivery systems, heat-not-burn products, e-hookahs, and other similar devices.
  

Banning of e-cigarettes: 

• The Bill prohibits the production, manufacture, import, export, transport, sale, distribution and advertisement of e-cigarettes in India. 
• Any person who contravenes this provision will be punishable with imprisonment of up to one year, or a fine of up to one lakh rupees, or both.  For any subsequent offence, the person will be punishable with an imprisonment of up to three years, along with a fine of up to five lakh rupees.
  

Storage of e-cigarettes: 

• Under the Bill, no person is allowed to use any place for the storage of any stock of e-cigarettes. 
• If any person stores any stock of e-cigarettes, he will be punishable with an imprisonment of up to six months, or a fine of up to Rs 50,000 or both. 
• Once the Bill comes into force, the owners of existing stocks of e-cigarettes will have to declare and deposit these stocks at the nearest office of an authorised officer.  
• Such an authorised officer may be a police officer (at least at the level of a sub-inspector), or any other officer as notified by the central or state government.

Powers of authorised officers:

• If an authorised officer believes that any provision of the Bill has been contravened, he can search any place where trade, production, storage or advertising of e-cigarettes is being undertaken. 
• The authorised officer can seize any record or property connected to e-cigarettes found during the search.  Further, he may take the person connected with the offence into custody.
• If the property or records found during the search cannot be seized, the authorised officer can make an order to attach such property, stocks or records.

https://www.thehindu.com/sci-tech/health/vaping-ban-violations-centre-issues-public-notice-for-stricter-implementation-of-act/article66881078.ece