Rule 6 of the Legal Metrology Packaged Commodity Rules, 2011 states that declarations to be made on every package. The declarations are as follows:
- The name and address of the manufacturer/ packer/ importer
- The name of the country of origin or manufacture or assembly in case of the imported products.
- The common or generic names of the product;
- In the case of packages with more than one product, the name, and quantity of each product
- The net quantity (standard unit of weight or measure)
- Date of Manufacturing
- Name, address, telephone number, and email address for consumer complaints
Recently, the Delhi High Court under a PIL ordered the Centre to ensure and file a fresh affidavit after verification that e-commerce websites like Flipkart, Amazon, etc. are complying with relevant laws of displaying the name of the manufacturing country or country of origin on products sold on their platforms.
Overview of Rule 6: Legal Metrology Packaged Commodity Rules, 2011
Rule 6 of the Legal Metrology Packaged Commodities Rules, 2011, pertains to the labelling requirements for packaged commodities. This rule mandates that certain declarations must be made on the packaging of commodities to ensure transparency and protect consumer rights. The key aspects of Rule 6 include:
- Mandatory Information: The rule specifies the essential information that must be included on the package, such as the name and address of the manufacturer, the net quantity, the retail sale price, and the date of manufacture or expiry.
- Language: The information must be provided in English or the local language, depending on the state or region where the commodity is sold.
- Font Size and Placement: The rule prescribes the minimum font size and placement of declarations to ensure they are legible to consumers.
- Additional Requirements: It includes provisions for declaring the ingredients, manufacturing license number, and any special instructions for the commodity.
These requirements ensure that consumers can access accurate and precise information about the products they purchase, promoting fairness and transparency in the marketplace.
Mandatory Declarations on Packaged Commodities
Mandatory declarations on packaged commodities, as outlined by the Legal Metrology Packaged Commodities Rules, 2011, include:
- Name and Address of Manufacturer/Importer: The full name and address of the manufacturer or importer must be mentioned.
- Net Quantity: The quantity of the commodity in terms of weight, volume, or count.
- Retail Sale Price: The price at which the commodity is sold to the consumer, including taxes.
- Date of Manufacture/Expiry: The date when the product was manufactured and its expiration date, if applicable.
- Batch Number: A unique identifier for the product batch used for traceability.
- Ingredients/Contents: A list of ingredients must be provided for food products.
- Special Instructions: Any special storage or handling instructions, if necessary.
- License Number: The manufacturing or import license number must be included for regulated products.
These declarations ensure that consumers are well-informed about the products they purchase and help maintain standardization and accountability within the industry.
Recent Rules on E-commerce Compliance of the Delhi High Court
The Delhi High Court has recently addressed the compliance requirements for e-commerce businesses, emphasizing the need for adherence to legal and regulatory standards. Key points include:
- Transparency in Product Information: E-commerce platforms must ensure that product descriptions, prices, and other relevant details are accurate and presented.
- Consumer Protection: E-commerce sites must provide clear policies regarding returns, refunds, and customer service to protect consumer rights.
- Compliance with Legal Metrology: E-commerce platforms must comply with labelling and packaging regulations prescribed by the Legal Metrology Act, including accurate declarations on product listings.
- Data Privacy: E-commerce businesses must adhere to data privacy and protection regulations, ensuring that consumer data is handled securely.
The court’s rulings underscore the importance of e-commerce businesses adhering to legal standards to ensure fair practices and protect consumer interests in the online marketplace.
Importance of Compliance in Promoting Indian Goods
Compliance with regulatory standards plays a crucial role in promoting Indian goods for several reasons:
Economic Growth: Promoting high standards through compliance contributes to the overall growth of the Indian manufacturing and export sectors, strengthening the economy.
The petitioner’s counsel raised an issue, saying that there were significant obscurities related to the products sold on the e-commerce websites, such as one product having several countries of origin and the country of origin being foreign. Still, the product is shown as being made in India. The country of origin varies from manufacturing country.
In his rejoinder affidavit, he stated that the e-commerce entities defy the Legal Metrology (Packaged Commodity) Rules, 2011, and Consumer Protection (E-commerce) Rules, 2020. He has requested that prosecution be charged against those flouting the rules.
However, e-commerce entities like Amazon, Flipkart, Decathlon, etc., have claimed that they comply with laws under the Legal Metrology Act and are displaying their country of origin on products sold on their platforms.
Why do E-Commerce Sites Display the Country Of Origin On Products?
It has been asserted that the application of the mandate was important in the present situation when citizens of our country intend to comply with the appeal of the central government to promote and purchase Indian goods and not from some neighbouring countries.
Consumer Trust: Adhering to regulations builds trust among consumers by ensuring that products are safe, accurately labelled, and meet quality standards.
Market Access: Compliance with national and international standards facilitates easier entry into various markets, including export markets where adherence to specific regulations is required.
Brand Reputation: Companies that comply with legal requirements are perceived as reliable and ethical, enhancing their brand reputation and competitiveness.
Legal Protection: Compliance helps in avoiding legal issues and penalties, ensuring that businesses operate smoothly and focus on growth and innovation.
DISCLAIMER: – The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.
