The Government has amended the Legal Metrology (Packaged Commodities) Rules, 2011 vide G.S.R. 629(E) dated 23 June, 2017 and incorporated a new provision under Rule 6(1) as follows:
“6(1)(da) 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’ shall also be mentioned on the label:
Provided that nothing in this clause shall apply if a provision in this regard is made in any other law.”
The facility of ‘e-code’ for net quantity assurance of the commodity and other required declarations is proposed to be given to the industries to ensure that the commodity is correct in quantity and declarations, which is optional and not mandatory.
The e-commerce companies are required to ensure that the mandatory declarations are displayed on the digital and electronic network used for e-commerce transactions viz. Name and address of the manufacturer/ packer/ Importer, Name of the Commodity, Net quantity, Retail sale price in the form MRP (inclusive of all taxes) and consumer care details.
The size of the numerals printed on the pre-packaged commodities have been increased vide this new amendment in the Legal Metrology (Packaged Commodities) Rules, 2011. The said amendment will come into force w.e.f. 1stJanuary, 2018 to enhance consumer protection.
For the violation of these Rules, the penalty provisions are made under section 36 of the Legal Metrology Act, 2009.
This information was given by Shri C. R. Chaudhary, the Minister of State for Consumer Affairs, Food and Public Distribution, in a written reply to a question in Lok Sabha.
Celebrity Endorsements
The Parliamentary Standing Committee on Food, Consumer Affairs and Public Distribution, which examined the Consumer Protection Bill, 2015, has recommended for a fine of Rs. 10 lakhs and imprisonment up to two years or both for first time offence and fine of Rs. 50 lakhs and imprisonment for five years for second time offence against endorsers of misleading advertisements. The recommendations are under consideration of the Government.
Under the Legal Metrology (Packaged Commodities) Rules, 2011, the Central Government has issued instructions permitting manufacturers or packers or importers of pre-packaged commodities to declare the changed retail sale price (MRP) on the unsold stock manufactured / packed / imported prior to 1st July, 2017 after inclusion of the increased amount of tax due to GST, if any, in addition to the existing MRP , for three months with effect from 1st July, 2017 to 30th September, 2017, by way of stamping or putting sticker or online printing. Further, for reducing the MRP, a sticker with the revised lower MRP (inclusive of all taxes) may be affixed and the same shall not cover the MRP declaration made by the manufacturer or the packer or importer, as the case may be, on the label of the package.
The Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011 provide for penalty for violation of the provisions. The Department of Revenue has set up a helpline to address the queries/complaints related to GST. In the Department of Consumer Affairs, the grievances/complaints related to GST are handled by the National Consumer Helpline.
Action taken by Centre to stop duplicate mineral water bottle
Standards for Packaged Mineral Water and Packaged Drinking Water (other than Mineral Water) are prescribed under sub-regulations 2.10.7 and 2.10.8 of Food Safety and Standards (Food Products & Food Additives) Regulations, 2011 respectively and compliance to these standards is mandatory for any packaged drinking water manufacturer in the country. These products are also under mandatory certification of Bureau of Indian Standards (BIS).
These requirements are to be followed by all manufacturers of packaged water. However, cases of sale of packaged water by unlicensed units and not meeting the prescribed standards have come to the notice of FSSAI. Therefore, FSSAI has been regularly taking up the matter with the Food Safety Commissioners of States/UTs and urging them to undertake regular and effective enforcement action in the matter.
Regular surveillance, monitoring, inspection and random sampling of food products, including packaged water are being undertaken by the officials of Food Safety Departments of the respective States/UTs to check that they comply with the standards laid down under Food Safety and Standards Act, 2006, and the rules and regulations made thereunder. In cases where the food samples are found to be non-conforming, recourse is taken to penal provisions under Chapter IX of the Food Safety and Standards Act, 2006.
Bureau of Indian Standards (BIS) from time to time receives complaints regarding quality of BIS Standard marked Packaged Natural Mineral water and Packaged Drinking Water as per IS 13428 and IS 14543 respectively. Similarly complaints are also received regarding misuse of Standard Mark on Packaged Drinking Water/Packaged Natural Mineral water by manufacturers without having valid BIS Licence.
Complaints regarding quality of BIS Standard Marked Packaged Natural Mineral water and Packaged Drinking Water are investigated both at complainant-end and Licencee’s premises for redressal.
Complaints regarding misuse of BIS Standard Mark (ISI mark) on Packaged Natural Mineral water and Packaged Drinking Water are investigated. Depending on outcome of the investigation, raids are conducted and cases are filed in the concerned court of law.