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Electronic Cigarettes Act

2023 MAY 23

Preliminary   > Social Justice   >   Health   >   Miscellaneous

Why in news?

  • The Union Health Ministry has issued a public notice for stricter implementation of the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act which came into force in 2019

About Electronic Cigarettes Act, 2019:

  • The act 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 Act 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 offense, 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 act, 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, they will be punishable with an imprisonment of up to six months, or a fine of up to Rs 50,000 or both.

Powers of authorized officers:

  • If an authorized officer believes that any provision of the act has been contravened, they can search any place where trade, production, storage or advertising of e-cigarettes is being undertaken. 
  • The authorized officer can seize any record or property connected to e-cigarettes found during the search. Further, they may take the person connected with the offence into custody.

PRACTICE QUESTION:

Consider the following statements:

1. Unlike regular cigarette, e-cigarettes do not produce smoke but produces an aerosol which is inaccurately referred to as vapour.

2. E-cigarettes are banned in India

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer