News - Khaini: Updated Advice
Local Government Regulation is aware that there has been some debate about the nature of the tobacco product Khaini. The following information is provided.
The generic name Khaini is applied to different types of niche tobacco product including smokeless and a snus type product.
Traditionally, khaini is used to describe the mixing of loose tobacco with slaked lime to form a paste that is then chewed. In this form the Khaini can legitimately be used as a chewing tobacco and would not be subject to the Tobacco for Oral Use (Safety) Regulations 1992.
If the product is deemed to be a smokeless product then it must comply with the requirements for labelling, age of sale, advertising etc. Product that fails to comply with the labelling requirements may be seized and removed from sale.
You can download this document from the European Commission website for further information about this product. See page table 1 on page 20 which makes reference to Khaini being chewed.
The term Khaini has however also been adopted to describe a snus product referred to a Chaini Khaini and Filter Khaini. If it is a snus product (ie in powder/particle form for sucking) then the product is prohibited from supply and in these cases appropriate action should be taken to remove the product from sale by virtue of the Tobacco for Oral Use (Safety) Regulations 1992.
Whether or not the Tobacco for Oral Use (Safety) Regulations 1992 apply will be a matter of fact in each case. Regulatory colleagues will need to make a decision based upon information available from the supplier, the product labelling, appearance, instructions for use etc.
In offering this advice Local Government Regulation wishes to make it clear that legislation may change over time and the advice given is based on the information available at the time the guidance was produced. It is not necessarily comprehensive and is subject to revision. Only the courts can interpret statutory legislation with any authority. This advice is not intended to be a definitive guide to, nor substitute for, the relevant law. Independent legal advice should be sought where appropriate.
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