New Delhi: The Health Ministry is in the process of instructing states against allowing use of tobacco or tobacco products in Gutka which is a food product.

"It has now been established beyond doubt that Gutka is a food product and falls under the Prevention of Food Adultration Law. The Supreme Court ruled in a recent order that Gutka be treated as a food item. That being the case, its adulteration is violative of laws. Tobacco, which is an injurious substance, cannot be used in Gutka," Additional Secretary, Health, Keshav Desiraju on Tuesday said.

He said although the Supreme Court has made things very clear and the states were free to follow the court's orders, the Health Ministry will, for the sake of clarification, issue relevant instructions to state governments soon.

The Centre's instructions come in the wake of reports of many sample tests which point to the presence of toxic material in tobacco products.

The Ministry has asked the Food Regulator - the Food Safety and Standards Authority of India--to make the relevant amendments in the prevention of food adulteration law.

He said there is some contradiction in the August notification which mentions tobacco as a food product. We have asked the authority to change this provision. They are in the process of doing so.

Once the Centre issues these instructions, any adulteration of Gutka with tobacco products would be liable for penalty under the law.