Amendment to the Legal Metrology (Packaged Commodities) Rules 2011

08 Sep 2022 Amendment to the Legal Metrology (Packaged Commodities) Rules 2011

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News: Department of Consumer Affairs, Legal Metrology Division has notified a draft amendment to the Legal Metrology (Packaged Commodities) Rules 2011.

GS Paper 2: Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation

Key features of Legal Metrology (Packaged Commodities) Rules 2011:

Mandatory declaration of Maximum Retail Price (MRP) in Indian currency inclusive of all taxes on pre packed products.
For protection of Consumer rights, Unit Sale Price for all pre packaged commodities meant for retail sale is introduced.
Declaration of date of manufacture on the pre packaged commodities is made mandatory for pre packed commodities under the revised rules.

What are the mandatory provisions under the Legal Metrology (Packaged Commodities) Rules, 2011?

It is mandatory under the Legal Metrology (Packaged Commodities) Rules, 2011 to ensure a number of declarations, such as the name and address of the manufacturer/packer/importer, the country of origin, the common or generic name of the commodity, the net quantity, the month and year of manufacture, the Maximum Retail Price (MRP) and consumer care information. As a consumer-oriented policy, all pre packaged commodities should also be inspected.
As stated in Rule 2(h), the “principal display panel”, in relation to a package, means the total surface area of a package containing the information required in accordance with these rules, namely that all the information should be grouped together and given in one place — the pre-printed information could be grouped together and given in one place and the online information in another place.
Additionally, Rule 9(1)(a) provides that the declaration on the package must be legible and prominent. The consumers’ ‘right to be informed’ is violated when important declarations are not prominently displayed on the package.
If there is more than one major product, Rule 6(1)(b) states that “……the name or number of each product shall be mentioned on the package.” This sub-rule is, however, not applicable to mechanical or electrical commodities.

What are the current issues?

As many blended food and cosmetic products are sold on the market, the key constituents need to be mentioned on the product packaging. It is common for consumers to assume that brands’ claims are accurate, but such claims are usually misleading.
Listing the Unique Selling Point ( USP) of a product on the front of the package without disclosing its composition percentage violates consumer rights: As USP that is also known as a unique selling point, is a marketing strategy designed to inform customers about the superiority of one’s own brand or product.
Misleading product name: As packages displaying key constituents must display a percentage of the content used to make the product. For example, if a brand sells aloe vera moisturiser or almond milk/biscuits, then the maximum percentage of the product should be aloe vera and almond, otherwise, the product is misleading.
Currently, manufacturers list the ingredients and nutritional information only on the back of the packaging.

What are the proposed amendments?

The Department of Consumer Affairs, Legal Metrology Division has suggested that at least two prime components should be declared on the package’s front side along with the brand name.
The proposed Section 6(1)(ba) states that when a commodity contains more than one constituent, the front side of the package must include a declaration of two or more of the commodities’ prime constituents along with the brand name. This declaration must also include the percentage/quantity of the USPs of the product in the same font size as the declaration of the USPs. However, mechanical or electrical commodities are excluded from this sub-rule.

Benefits of proposed amendments:

When the new provision of Section 6(1) (ba) is added, consumers will not be misled by the fake claims of manufacturers relating to the content in blended foods and cosmetics.

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