The Legal Metrology (Packaged Commodities) (Amendment) Rules 2017 Pdf

The amending provisions would do well to protect and strengthen the interests of consumers. The CP Rules reflect the requirements and compliance of other legislation and, therefore, exemptions have been included to exclude goods subject to the Food Safety and Standards Act, 2006 and the rules contained therein from the posting of declarations set out in the CP Rules. Meanwhile, on 2 February 2017, the Food Safety and Standards Authority of India issued guidelines for the operation of e-commerce “food business operators”. The Directive also obliges, inter alia, sellers/brand owners/manufacturers who display or offer for sale “pre-packaged food” to ensure that a legible and clear image of the “main dashboard” is made available to customers for consultation. Under these changes, it is safe to say that a legal metrology officer has the power to take action against an e-commerce operator, but only how these regulations are implemented in the coming time will show whether the government takes into account the practical difficulties that e-commerce operators face in complying with reporting obligations under the rules. PC. Looking ahead, it would be interesting to see if e-commerce businesses operating a market model fit within the above outlines of the exceptions. Since these e-commerce platforms meet the appropriate requirements for an intermediary under the relevant rules and regulations, the role of these companies often goes beyond the mere provision of simple access to communications. Until recently, neither the LM Act nor the PC rules recognized or required compliance with “electronic commerce” or “e-commerce businesses.” However, the CP Rules were amended as part of the 2017 Rules amending the Legal Metrology Rules (Packaged Products) (“Amendment Rules”), introducing significant changes to include e-commerce businesses in their scope. The proposed amendment is expected to come into force on January 1, 2018. The purpose of this article is to assess the impact of these changes on e-commerce.

1. (1) These Rules may be referred to as the Legal Metrology (Packaged Products) Amendment Regulations, 2022. G.S.R. 747(E).—In exercising its powers under subsection (1) in conjunction with paragraphs (j) and (q) of subsection (2) of section 52 of the Legal Metrology Act, 2009 (1 of 2010), the Central Government hereby enacts the following rules amending the Legal Metrology (Packaged Products) Rules, namely: Rule 6 of the CP Rules provides that any package or label securely affixed to the package must bear these mandatory declarations. who are determined, simple and eye-catching. Rule 6(10) has been inserted into the amending provisions requiring an e-commerce entity to post the statements referred to in Rule 6(1) of the CP Regulation regarding the digital and electronic network used by that entity for electronic commerce transactions. In this context, information on the month and year of manufacture or packaging may be omitted. Some of the mandatory declarations for e-commerce operators are shown in the table below: Medical devices that have been notified as medicinal products in the past [see endnote.1] have also been included in the scope of the CP rules and must comply with the labelling requirements. Notwithstanding the display of the above information by the e-commerce company on the digital or electronic network, the packaged goods delivered to the consumer must necessarily contain all the declarations required by the rules of the PC.

Compliance with the amending rules will undoubtedly increase the operating costs of e-commerce, but will also lead to greater responsibility towards consumers. Ideally, e-commerce operators should terminate their contract with their suppliers, suppliers, etc. to obtain stricter representations and warranties specifically related to the accuracy of the information displayed on the e-commerce platform. In the event that claims or actions are taken against the e-commerce operator under the LM Act, protection against compensation must be requested by the seller or seller of the product. In exercising this power, the central government issued a notice [see endnote.2] authorizing industry to use old packaging materials until March 31, 2018 or until the date on which the packaging material or packaging is exhausted to allow clearance of old inventory. It should be noted that the benefits of this relaxation have not yet been extended to e-commerce businesses. As the objective of the amending legislation is to ensure that consumers have a true and fair view of the products purchased on e-commerce platforms, the treatment of such surplus packaging materials needs to be further clarified. In the event that information from the old packaging material is displayed on the digital platform, the information displayed by the consumer will be inaccurate, while if the information on the e-commerce platform is correct, there will be a discrepancy between the information displayed on the platform and the explanations about the packaging delivered to the consumer. The definition of “institutional consumer” has been amended to refer to an institution that supplies packaged goods with the declaration “not for retail sale”, purchases made directly from the manufacturer or an importer or wholesaler for use by that institution and not for commercial or commercial purposes. Reservation (B) to Rule 6 of the CP Regulations provides for situations where the manufacturer/packager/importer cannot exhaust the packaging material during that month. In such cases, the packaging material may be used to pre-package the goods produced or manufactured the following month and not thereafter. In such cases, the central government also has the power to further extend the deadline for reviewing declarations on the package depending on the facts and circumstances of the delay.

2. In the Legal Metrology (Packaged Goods) Amendment Regulations, 2022, in Rule 1 of Sub-Article 2, the numbers, letters and words `1st day of October 2022` are replaced by the numbers, letters and words `1st day of December 2022`. [The author is Senior Partner in Corporate Law, Lakshmikumaran & Sridharan, Bangalore] The e-commerce sector has experienced phenomenal growth in recent years, which has led the central government to adopt numerous legislative measures, initiatives and policies to regulate e-commerce businesses. With these measures, the government aims to ensure a transparent and trouble-free operation of the e-commerce industry. Typically, foreign-funded e-commerce operators are subject to further scrutiny to monitor compliance with permitted business models. Given the remoteness of e-commerce, it is all the more important to develop a solid legal framework to protect consumers` interests. Note: The Legal Metrology (Packaged Products) Rules Amendment Rules 2022 were published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i) as G.S.R. 226(E) of March 28, 2022. The amending rules introduced some additional exclusions.

the applicability of the PC rules, which no longer apply to: (a) packages of goods weighing more than 25 kg or 25 litres; (b) cement, fertilizers and agricultural products sold in bags weighing more than 50 kg; and (c) packaged products intended for industrial or institutional consumers. The Legal Metrology Act, 2009 (Legal Metrology Act), 2009, in conjunction with the Legal Metrology (Packaged Products) Rules 2011 (CP Rules), prescribes standard dimensions and quantities for the sale, manufacture, packaging and importation of goods, as well as labelling and reporting requirements for the manufacturer or packager. The main objective of this legislation is to ensure that the consumer of a “pre-packaged product” is informed of the information about the product and the manufacturer and makes an informed purchase. The term “prepackaged goods” means goods that are packed in packaging of any kind, sealed or unsealed, without the presence of the buyer, so that the product contained therein has a predetermined quantity. The amending rules provide an exception for e-commerce businesses that have adopted an e-commerce marketplace model. For them, the responsibility for the accuracy of the declarations lies with the manufacturer, seller, packer or importer who carries out transactions with the goods on the digital or electronic network if the following conditions are met: 2. They shall enter into force on the day of their publication in the Official Journal. In addition to the mandatory declarations, the amendment rules provide that the package may also include the following declarations – (a) barcode or GTIN or QR code; (b) `code e` means the guarantee of the net quantity of the goods and the other declarations required after their receipt in accordance with the procedures laid down by the central Government; c) logos of government programmes such as the Swatch Bharat mission, if such use is authorised by the central government.

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Consumer Affairs) COMMUNICATION New Delhi, 30. September 2022 The terms “consumer”, “e-commerce”, “e-commerce company” and “market-based e-commerce model” have been incorporated into the CP rules, replicating the definitions used in the Exchange Management (Transfer or Issuance of Securities by a Person Resident Outside India) Regulations. 2000 (TISPRO Regulation). As a result, businesses owned and controlled by non-residents engaged in e-commerce activities must now comply with the requirements of the CP rules.

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