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Environment & Ecology April 29, 2026 5 min read Daily brief · #41 of 44

FSSAI proposes plastic-free packaging for pan masala, gutka

The Food Safety and Standards Authority of India (FSSAI) issued a draft notification on April 28, 2026 proposing to amend the Food Safety and Standards (Pack...

GS Paper 2 (Regulatory Bodies Governance) GS Paper 3 (Environment Plastic Pollution)

What Happened

  • The Food Safety and Standards Authority of India (FSSAI) issued a draft notification on April 28, 2026 proposing to amend the Food Safety and Standards (Packaging) Regulations, 2018, to completely prohibit plastic and multilayer packaging for pan masala and gutka products.
  • The proposed amendment mandates that pan masala shall be packed only in paper, paperboard, cellulose-based materials, or other materials derived from naturally occurring substances — entirely free from plastic.
  • Prohibited materials explicitly listed include polyethylene, polypropylene, polyester, polyvinyl chloride (PVC), synthetic polymers, laminates, and shiny aluminium foil packs.
  • Permissible alternatives include tin or glass containers, in addition to paper-based packaging.
  • The draft has been issued for public consultation, with stakeholders given 30 days from the date of publication to submit objections and suggestions before the regulation is finalised.

Static Topic Bridges

FSSAI: Mandate, Structure, and Regulatory Powers

The Food Safety and Standards Authority of India (FSSAI) is a statutory body established under the Food Safety and Standards Act, 2006 (FSS Act). It functions under the Ministry of Health and Family Welfare. FSSAI's mandate is to lay down science-based standards for food articles and to regulate their manufacture, storage, distribution, sale, and import to ensure safe and wholesome food for consumers.

  • FSSAI is headed by a Chairperson and a Chief Executive Officer (CEO); the Authority has members from multiple ministries and scientific bodies.
  • It derives rule-making power from Section 92 and Section 16 of the FSS Act, 2006 to prescribe standards, including packaging requirements.
  • The FSS (Packaging) Regulations, 2018 are the primary subordinate legislation governing all food packaging materials in India, including plastic-origin materials subject to migration limit tests.
  • FSSAI's jurisdiction over pan masala arises because pan masala without tobacco is classified as a food product; gutka (containing tobacco) occupies a hybrid regulatory space also involving the Cigarettes and Other Tobacco Products Act (COTPA), 2003.

Connection to this news: The draft amendment is an exercise of FSSAI's subordinate legislative power under the FSS Act, 2006 — the regulatory mechanism through which standards are progressively tightened via public consultation and notification.

Single-Use Plastic Ban: Plastic Waste Management Rules

India's framework for controlling plastic pollution is built on the Environment (Protection) Act, 1986 (EP Act), under which the Ministry of Environment, Forest and Climate Change (MoEFCC) has notified the Plastic Waste Management Rules, 2016 (amended 2021 and 2022). The 2021 amendment prohibited identified single-use plastic items with effect from July 1, 2022.

  • Single-use plastics prohibited from July 1, 2022 include: earbuds with plastic sticks, plastic sticks for balloons, polystyrene (thermocol) for decoration, plates, cups, glasses, cutlery, straws, trays, wrapping films around sweet boxes, invitation cards, cigarette packets.
  • Small sachets and thin plastic pouches — the dominant format for pan masala and gutka — were not comprehensively addressed in the 2022 ban, creating a regulatory gap that the FSSAI proposal now targets from the food-safety angle.
  • The Central Pollution Control Board (CPCB) monitors compliance with the Plastic Waste Management Rules.

Connection to this news: FSSAI's proposal complements the MoEFCC's plastic waste management framework by targeting from the product-standards side a category of plastic packaging not fully captured by the 2022 single-use plastic ban.

Extended Producer Responsibility (EPR) for Plastic Packaging

Extended Producer Responsibility (EPR) is a policy principle that makes producers, importers, and brand owners responsible for the end-of-life management of packaging they introduce into the market. The Plastic Waste Management Amendment Rules, 2022 introduced mandatory EPR obligations for plastic packaging, requiring producers to register with CPCB and meet annual collection and recycling targets.

  • EPR certificates are tradeable instruments; companies that exceed recycling targets can sell surplus certificates to those that fall short.
  • EPR targets are set to increase progressively — 50% recycling of plastic packaging by 2024–25, scaling to higher percentages in subsequent years.
  • Pan masala sachets — typically multilayer plastic laminates — are among the most problematic packaging formats for EPR compliance because they are not recyclable through existing infrastructure.

Connection to this news: The FSSAI ban on plastic pan masala packaging and the EPR regime are complementary instruments — EPR addresses existing plastic in the market, while FSSAI's proposal prevents new non-recyclable plastic from entering the supply chain.

Tobacco Regulation and Overlapping Jurisdictions

Gutka and pan masala containing tobacco are regulated by two overlapping frameworks: the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA) and the Food Safety and Standards Act, 2006. COTPA focuses on advertising, packaging warnings, and public consumption, while FSSAI focuses on food safety standards including packaging materials.

  • Section 7 of COTPA mandates pictorial health warnings on tobacco product packaging (minimum 85% of pack area as per 2016 rules).
  • Several states have imposed bans on gutka under Section 30 of the FSS Act, 2006, which empowers state food authorities to prohibit the manufacture and sale of any food in public interest.
  • The proposed FSSAI amendment does not alter health warning requirements under COTPA but adds a packaging material standard that would require a complete reformulation of sachet design across the industry.

Connection to this news: UPSC frequently tests the interplay between FSSAI, COTPA, and state-level bans on tobacco-containing food products — this news exemplifies that multi-regulator overlap.

Key Facts & Data

  • Draft notification date: April 28, 2026
  • Issuing authority: FSSAI (Food Safety and Standards Authority of India), under MoH&FW
  • Base regulation amended: Food Safety and Standards (Packaging) Regulations, 2018
  • Parent statute: Food Safety and Standards Act, 2006 (Section 92 rule-making power)
  • Prohibited packaging: polyethylene, polypropylene, polyester, PVC, synthetic polymers, laminates, and shiny aluminium foil packs
  • Permitted alternatives: paper/paperboard/cellulose-based materials, tin containers, glass containers
  • Consultation period: 30 days from notification date
  • Related framework: Plastic Waste Management Rules, 2016 (amended 2021, 2022); Single-use plastic ban effective July 1, 2022
  • Regulatory overlap: COTPA, 2003 (health warnings); State-level gutka bans under FSS Act, 2006 Section 30
  • FSSAI was established: 2008 (notified); FSS Act, 2006 came into force progressively from 2006–2011
On this page
  1. What Happened
  2. Static Topic Bridges
  3. FSSAI: Mandate, Structure, and Regulatory Powers
  4. Single-Use Plastic Ban: Plastic Waste Management Rules
  5. Extended Producer Responsibility (EPR) for Plastic Packaging
  6. Tobacco Regulation and Overlapping Jurisdictions
  7. Key Facts & Data
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