Most E-commerce entities are not aware of the Legal Metrology Rules and they are working freely. But sometimes they face issues with the import & export of goods because the product does not meet the regulation of Legal metrology. So, Notices to E-Commerce Firms by Legal Metrology Department are issued. It ensures that the product complies with regulations about packaging, labelling, and weight measurements. It is necessary to protect consumers and maintain fair trade practices.
Here you will get to know the detailed information about the E-commerce Legal Metrology Notice to avoid all the unnecessary issues.
How E-commerce Businesses Rise?
After the advent of Covid 19 E-commerce websites have become an integral part of everyday life globally. The pandemic brings the online shopping system into every household, making e-commerce entities crucial players in today’s market. For purchasing commodities people prefer to visit E-commerce websites rather than physical stores. Due to the increase of this business legal metrology laws are also implemented on the E-commerce website to run a business effectively.
Impact Of COVID on Online Shopping
COVID-19 has brought a huge change in the e-commerce market because it is not only time-consuming but also due to health concerns. During that time safeguarding public health led to a surge in E-commerce transactions. During this time people prefer less physical touch and interaction due to the increase of infection risk.
Convenience and Choices Offered by E-Commerce
E-commerce platforms offer the convenience of having numerous choices on a single platform while sitting at home. This not only saves time but also reduces the need for physical interaction, making it a preferred shopping method post-COVID-19. It has shifted from being a preference to a necessity in the current world.
E-commerce platforms offer convenience due to numerous choices on a single platform. You can simply explore multiple things while sitting at home. This not only saves time but also enhances shopping ideas. As we are growing digitally and people have less time in their daily routine E-commerce businesses make it easy for the consumer to shop anything, anytime and anywhere.
Challenges And Risks In Online Business
Despite all the benefits, the enhancement of e-commerce business also brings fraudulent activities. Due to a lack of face-to-face interaction between the consumer and the seller, it increase the risk. So, to reduce these risks legal metrology department brings changes in the rules as per the e-commerce business and brings safety for the consumers.
Legal Metrology Department Role In E-Commerce Business
To protect the interest of the consumers, the Legal Metrology department has implemented strict action against fraudulent activities. They monitor and address all deceptive practices. Most of the online business includes imported products, where fraudulent activities can easily occur. These fraudulent activities need stringent regulations.
If any of the e-Commerce businesses do not comply with these rules they will get notice from the Legal metrology department or must be penalised
Importance of Legal Metrology Compliance
The Legal Metrology Act mandates the registration of importers and the necessary declaration by importers, sellers, and manufacturers to safeguard consumer interests. Through this the E-commerce businesses ensure that they provide accurate information and prevention of deceptive practices, thereby maintaining market fairness.
Government Actions Against Non-Compliance
In the year 2021, the Government issues 183 legal notices to E-commerce Firms and businesses to enforce compliance with regulations, such as mentioning the “country of origin” on products. This is mandatory to have to prevent fraudulent activities and protect consumers.
By understanding these various aspects, it becomes clear why compliance with Legal Metrology laws is essential for e-commerce firms, ensuring both consumer protection and fair trade practices.
Why Are Legal Metrology Issues Notices To E-Commerce Firms?
The reason behind legal metrology issued notices to E-Commerce firms are as follows:
- Consumer Protection: This will ensure consumers are not misled by inaccurate or deceptive product descriptions.
- Regulatory Compliance: To enforce compliance with the Legal Metrology (Packaged Commodities) LMPC Rules, which mandate specific labelling requirements.
- Fair Trade Practices: To maintain fairness and transparency in trade, preventing fraudulent practices.
- Market Surveillance: To monitor and regulate the e-commerce market effectively, ensuring all entities adhere to the same standards.
When Legal Metrology Department Issues Notice To E-Commerce Entity?
The legal metrology department issues the notice to e-commerce in multiple aspects such as:
- Routine Inspections: The notices to e-commerce firms issued during the time of inspections conducted by the legal metrology department.
- Consumer Complaints: When any consumer files complaints about misleading or incorrect product information.
- Non-Compliance Detected: If noncompliance is detected during periodic reviews or audits of e-commerce platforms.
- Random Checks: Through random checks on e-commerce websites to ensure compliance.
What Do the Legal Metrology Department Notices to E-Commerce Firms Contain?
- Non-Compliance Details: Specific instances of non-compliance were identified during inspections or audits.
- Required Corrections: Instructions on how to rectify the identified issues to comply with regulations.
- Deadlines: Timeframes within which the corrections must be made.
- Penalties: Information about potential penalties or legal actions if the issues are not addressed.
How To Respond To The Legal Metrology Department Notices To E-Commerce Entity?
To reply to the notices to E-commerce firms that you have received for the Legal Metrology Department you must consider the mentioned points:
- Review the Notice: Thoroughly you have to look into the notice and understand the issues highlighted in it.
- Consult Legal Experts: Must seek advice from legal experts specialized in legal metrology and e-commerce regulations.
- Correct the Issues: Implement the necessary corrections to comply with the regulations.
- Report Compliance: Inform the Legal Metrology Department about the corrective measures taken, including submitting proof of compliance.
- Prevent Future Issues: Implement ongoing compliance measures to prevent future issues, such as regular audits and staff training.
Government Sent Notices To E-Commerce Firms For Violating Provisions Of The Country-Of-Origin
The Department of Consumer Affairs issued approximately 183 notices in the year 2021 to e-commerce firms for the violation of provisions related to the country of origin. A heavy fine has been imposed on the e-commerce firm for not mentioning the country of origin on products and websites.
Legal Framework and Obligations
Ashwini Kumar Choubey had replied to Lok Sabha, Ministry of State for Consumer Affairs, Food and Public Distributions by saying the legal metrology (packaged rules) 2011 under the legal metrology act 2009 provide a mandatory declaration of “country of origin” in the case of imported commodities on the digital and electronic networks used for e-commerce transactions. Further, he added that the Legal Metrology Act 2009 provides for a penal provision in case of violation and also authorizes the state government to take action.
Notices Issued for Non-Compliance
The legal metrology office of the Department of Consumer Affairs issued 183 notices in the year 2021, which was confirmed by Mr Choubey as the LMPC declarations on package are not correct and not clear by the e-commerce firms.
Importance of Accurate Declarations
While importing any pre-packed commodity or product from any other country, the importer has to follow the rules and regulations laid under the act and provide all the mandatory information on the portal of an e-commerce website or e-commerce firm so that while purchasing the product from such an e-commerce portal, the consumer should get the product information. However many e-commerce firms during the time of COVID were found to have not made the proper declaration about the origin of the commodity, place of origin of commodity, address of the manufacturer or importer, etc. on various e-commerce portals.
Protecting Consumer Interests
To protect the interests of consumers, notices were sent to the e-commerce portal asking them why they had not provided all the important declarations and information on their portal. Such an initiative aimed to protect the interests of consumers and to make all the e-commerce websites comply with the rules and regulations of the act.
Mandatory Declarations Under the Legal Metrology Act
Under the Legal Metrology Act 2009, it is mandatory to declare the country of origin of commodities of imported products on the digital and electronic networks used by e-commerce transactions, but it was found in 2021 that many e-commerce firms were not complying with the regulations of the act. By not complying with the act, they committed an offence under the legal metrology act for which they have been served a notice by the department.
Consequences of Non-Compliance
Not making such a declaration in the proper form will increase the legal metrology dispute and fraudulent activity in the Indian market, so every importer must comply with the rules to keep himself away from legal consequences and trouble. No e-commerce firm is allowed to deal in the Indian market or sell products to the Indian consumer if it does not mention the country of origin and the proper address of the manufacturing unit and the importer.
Conclusion – Notices to E-Commerce Firms by Legal Metrology Department
Every e-commerce entity is required to comply with the rules and regulations of the act. The importer must get himself registered under the Legal Metrology Act and get prior permission from the Legal Metrology Department to deal in the Indian market.
The importer must provide the proper declarations on the package and mention the country of origin of the commodity. It is necessary to provide the full and proper address of the manufacturing unit of such a commodity and the proper address of the importer of such a commodity.
No e-commerce website is allowed to sell the product in the country without having the proper declaration on its portal available about every single product. An e-commerce entity must provide the address of the manufacturer, the importer of the commodity, and the country of origin in compliance with the rules.
By not doing so, the E-commerce website will be charged under the legal metrology act and criminal provision. The government has sent the various notices only because of the improper declaration that the country of origin is not mentioned on the e-commerce portal, so every importer should keep in mind that they should provide the information on the portal, and then only they can deal in the Indian market with the consumer.
