Legal Metrology Rules, 2017 Recognizes E-commerce Transactions

January 03, 2018

The Ministry of Consumer Affairs vide its notification June 23, 2017 notified the amendments made in the Legal Metrology (Packaged Commodities) Rules, 2011 namely the Legal Metrology (Packaged Commodities) (Amendment) Rules, 2017  to safeguard the interest of consumers and ease of doing business.

The Rules have come into force from January 01, 2018. Some of the key highlights of the amendments are as under:

  • One of the intrinsic features of the amended Rules are that it recognizes “E-commerce” and “E-commerce Entity”. It also renders a statutory definition of marketplace based model of e-commerce” means providing of an information technology platform by an e-commerce entity on a digital and electronic network to act as a facilitator between buyer and seller.
  • Goods displayed by the seller on e-commerce platform shall contain declarations required under the Rules.
  • Specific mention is made in the rules that no person shall declare different MRPs (dual MRP) on an identical pre-packaged commodity.
  • Size of letters and numerals for making declaration is increased, so that consumer can easily read the same.
  • The net quantity checking is made more scientific.
  • Bar Code/ QR Coding is allowed on voluntarily basis.
  • Provisions regarding declarations on Food Products have been harmonized with regulation under the Food Safety & Standards Act.
  • Medical devices which are declared as drugs, are brought into the purview of declarations to be made under the rules.

In order to clear old stock complying labelling requirements of Old Rules, the Ministry has conferred relaxation to allow industries to use old packaging material till March 31, 2018 or till such date the packaging material or wrapper is exhausted, whichever is earlier.

The Ministry in order to enable the ease of doing business in India also issued Advisories, which inter alia include:

  • For ease of doing business, an advisory was issued to all stakeholders that loose readymade garments are not covered under the Legal Metrology (Packaged Commodities) Rules, 2011.
  • In the interest of consumers, advisory was issued to the Controllers of Legal Metrology of all States/UTs to enforce provisions related to overcharging and dual MRP.
  • To safeguard the interest of consumers, advisory has been issued to all State Governments to ensure all declarations including MRP on all medical devices.
  • Advisory in the interest of consumers was also issued to all State Governments to ensure the correct quantity of petrol/ diesel and LPG Cylinders.

 

About the Author

Shilpi Sharan

- Shilpi Sharan is the Editor at Vakilno1.com - an Advocate with extensive knowledge in myriad fields of Law. She has a flair of writing and has legal publications in national and international law magazines to her credit. She focuses on legal research and aims at raising public awareness of laws in India.