RAI was invited by Legal Metrology Department, Department of Consumer Affairs, Ministry of Consumer Affairs, Food and Public Distribution, for a stakeholder discussion under the chairmanship of Mr Rohit Kumar Singh, Principal Secretary, Department of Consumer Affairs ; Ms. Nidhi Khare, Additional Secretary, Department of Consumer Affairs; Mr Anupam Mishra, Joint Secretary, Department of Consumer Affairs and Mr BN Dixit – Director – Legal Metrology, Department of Consumer Affairs.

Date: 27 January 2022

Agenda: To discuss about Legal Metrology (Packaged Commodities) Rules, 2011 amended vide GSR 779(E) dated 02.11.2021 (https://bit.ly/3tTo2lP) which shall be implemented from 01.04.2022.

Mr GR Srikkanth and Dr Ravi Gandhi represented on behalf of RAI members. RAI requested for extension of 1 year upto 31 March 2023 for implementation of GSR 779(E) amendment.
RAI also sought clarification wrt new provision of Unit Sale Price on each product specifically apparels, footwear etc. Honorable Secretary has clarified that in case of apparels, footwear and other products which are sold in numbers, unit sale price can be mentioned in number only. Hon’ble Secretary appreciated the concern and stated that the inputs are well noted.

Date: 11 February 2022

Agenda: Decriminalisation of Legal Metrology Act 2009

Discussion Points:

• It was mentioned about nomination of directors under Rule 29. However, Mr BN Dixit clarified that General manager can be nominated at retail shops with multiple units as per Rule 49 sub Clause 5.
  Further, RAI will seek written clarification from the Department in this regard and update members.
• He cited the example of UK Model wherein there is a level rating with level 1 to 5.
• If directors are directly responsible for committing the fraud and act is done in their presence, then notice should be issued in their name. Else, notices should be sent to the on-ground managers.
• It was also highlighted that penalty amount is too high for small retailers. Also, equal penalty amount should not be imposed to all parties in the value chain.
  If one product from a pack is found wrong at a particular location, then all the stores throughout the region should not be penalized for some violation at one outlet
• In this competitive market, consumers even in rural areas are well aware from where and how to shop. Hence, retailer cannot mislead them.
  
  Secretary concluded the meeting by saying that the Department does not want to become impediment in daily course of businesses but at the same time cannot put the consumers interest at stake.

Department will examine the international best practices. Honorable Secretary and Additional Secretary appreciated the concerns highlighted by RAI and stated that the inputs are well noted.       

Further, RAI has represented to Ministry of Consumer Affairs to exempt loose items / items packaged at the point of sale, booked through e-commerce channel from being deemed to be a pre-packaged commodity under Rule 4 and 6 (10). Please find the representation submitted:
https://bit.ly/3gbLN0h

We shall keep you posted on any development in this regard.