Legal Metrology Act 2009
GS PAPER II: Functions and Responsibilities of the Union and the States, Issues and Challenges Pertaining to the Federal Structure, Devolution of Powers and Finances up to Local Levels and Challenges Therein.
Context: Government facilitates faster imports of key medical devices by relaxing the conditions for clearances under Legal Metrology (Packaging Rules 2011).
About Legal Metrology (Packaging Rules 2011):
- Department of Consumer Affairs, administers the Legal Metrology Act 2009.
- The act provides for application of legal requirements to measurements and measuring instruments.
- The objective of Legal Metrology is to ensure public guarantee from the point of view of security and accuracy of the weighments and measurements.
- The Legal Metrology (Packaged Commodities), Rules 2011 are primarily intended to ensure that the consumers are able to make informed choices by being informed of essential declarations on the pre-packed commodities.
- The Legal Metrology (Packaged Commodities) Rules, 2011 ("Packaging Rules") regulate pre-packaged commodities in India and inter – alia mandate certain labeling requirements prior to sale of such commodities.
- Declarations - All product packages, to which the Packaging Rules apply, are required to bear certain declarations on their principal display panel.
- Country - It is now mandatory to declare on the product package, the name of the country of origin or manufacture or assembly in case of imported products.
- Best Before - If a package contains a commodity which may become unfit for human consumption after a period of time, the 'best before or use by the date, month and year' is required to be mentioned on the product package.
- Retail sale price – The retail sale price to be mentioned on the package must necessarily be the maximum retail price inclusive of all taxes. The price in Indian rupees and paise should be rounded off to the nearest rupee or 50 paise.
- No dual MRP - The Amendment prohibits provision of dual maximum retail price (MRP) on the products. Accordingly, no manufacturer, packer or importer is permitted to declare different MRP's on identical pre-packaged commodities unless otherwise permitted.
- Additional Declarations - In additional to the mandatory declarations, the manufacturers, packers or importers are now permitted to declare (i) Barcode or GTIN or QR Code; (ii) 'E-code' for net quantity assurance of the commodity; (iii) Logos of Government schemes, such as Swachh Bharat Mission, where such use is authorized by the Government.
Declaration on e-commerce platforms
- An e-commerce entity is now required to ensure that the mandatory declarations prescribed in the Packaging Rules, other than the month and year of manufacture or packing, is displayed on the digital and electronic network used for e-commerce transactions.
- In case of market place model for e-commerce (such as Amazon or Flipkart), the responsibility of the correctness of declarations lie with the manufacturer, seller, dealer or importer provided the function of the e-commerce entity is limited to providing access to a communication system over which information made available by the manufacturer/ seller/ dealer/ importer is transmitted or temporarily stored.
- The online marketplaces will however need to observe due diligence while discharging its duty as an intermediary under the (Indian) Information Technology Act, 2000.
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