AMENDMENT TO THE LEGAL METROLOGY (PACKAGED COMMODITIES) RULES 2011

CONTEXT

The Department of Consumer Affairs, Legal Metrology Division has notified a draft amendment to the Legal Metrology (packaged commodities) Rules 2011. The Department of Consumer Affairs has suggested that at least two prime components should be declared on the package's front side along with the brand name.

WHY AMENDMENT IS REQUIRED

MANDATORY PROVISIONS UNDER THE LEGAL METROLOGY (PACKAGED COMMODITIES) RULES, 2011

• It is mandatory under the Legal Metrology (packaged commodities )rules,2011 to ensure several 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 prepackaged commodities should also be inspected.
• Rule 2(h)- the principal display panel in relation to a package means the total surface area of a package containing the information required under these rules, namely that all the information should be grouped and given in one place –the pre-printed information could be grouped and given in one place and the online information in another place.
• Rule 9(1)(a) provides that the declaration on the package must be legible and prominent. The consumer's" right to be informed 'is violated when important declarations are not prominently displayed on the package.
• Rule 6(1)(b) –the name and number of each product shall be mentioned on the package. This sub-rule is, however, not applicable to mechanical or electrical commodities.

PROPOSED AMENDMENTS

• Key constituents -need to be mentioned on the product packaging.
• The front side of the package must contain the percentage of the composition of the unique selling proposition
• A USP also known unique selling point, is a marketing strategy designed to inform customers about the superiority of one's brand or product. Listing the USP of a product on the front of the package without disclosing its composition percentage violates consumer rights.
• Also, packages displaying key constituents must display a percentage of the content used to make the product.
• 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 .currently, manufacturers list the ingredients and nutritional information only on the back of the packing.
• Section 6(1)(ba)-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 also includes 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.