Proposed changes made to the Cigarettes and Other Tobacco Products Act (COTPA) will directly impact the food and beverages sector, the National Restaurant Association of India said on Tuesday. This comes after the Ministry of Health and Family Welfare proposed amendments to the COTPA Act.
In its representation to Union Health Minister Harshvardhan, the NRAI raised multiple concerns, including a section pertaining to smoking room. The existing section prohibits smoking in a public place, but permits a provision of a smoking area or space in a restaurant that can seat more than 30 people, or a hotel with more than 30 rooms. The proposed deletion of this section, NRAI said, will mean consumers will have no avenue to smoke at a bar, restaurant or at airports.
Stating that the nature of the business is to create a comfortable ambience including the provision of music, entertainment and optional services like a smoking area, it said that “removal of such smoking facility would entail customers to leave the premises due to their desire to smoke, which will cause inconvenience to them and will eventually result in customer walk-outs, thereby adversely affecting the businesses.”
One of the proposed amendments is also to raise the age for smoking or consuming tobacco to 21 years from 18 years. NRAI questioned why the provision should be amended if a person is considered a responsible adult at 18 and is allowed to vote.
It added that the provision will be difficult to enforce, and the proposed punishment of 7 years’ imprisonment and fine of Rs 1 lakh for “even inadvertent sale of tobacco products to those below 18 years is highly excessive”.
It added that the proposed hike in fines on violation of these laws and making all such offences cognizable, “is likely to be misused by the enforcement agencies”.
Thirdly, it added that the provision of having a licensing requirement to sell tobacco products “would not only increase the cost of running the business but it goes against the basic ethos of “Ease of Doing Business” being promoted by the Government of India,” NRAI said.
NRAI President Anurag Katriar said that while they understand health concerns, they are also concerned about the impact of this decision on business at a time the industry is struggling to survive.
“The proposed amendments to COTPA will inconvenience our consumers, thus hurting the consumer sentiments, which will have a direct bearing on our business. We cannot afford this,” he said.
“I also feel that while restaurants can regulate the sale of tobacco products, it will be incorrect to hold a restaurant management responsible if an individual guest lights a cigarette in violation of the rules. The proposed fines are also very significant and seem disproportionate for the nature of the offence,” he added.