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Mandatory Labelling for Garments sold in Loose- India

August 24, 2022
Retail Industry

By Rupin Chopra and Apalka Bareja

Rule 6 of the Legal Metrology (Packaged Commodities) Rules, 2011, the Ministry of Corporate Affairs lays down the mandatory labelling declarations to be made on packaged commodities such as name and address of the manufacturer or importer or packer, country of origin, MRP, generic name, consumer care details etc.

The advisory No. WM-10(5)/2016 issued by the Ministry of Consumer Affairs, dated December 12, 2016, defined loose garments as garments which are not pre-packaged, which the consumers select for deigns/style, try them for the fit and touch the fabric.

The advisory issued previously under the Legal Metrology (Packaged Commodities) (Amendment) Rules, 2016, advised particular labelling requirements for pre-packaged commodities with an exception to loose garments. The advisory stated that loose garments may include the following details, such as:

– Name/description of the product,
– Size in international size indicators- S, M, L, XL etc. along with metric notation in terms of cm or m as the case may be,
– Maximum Retail Price and
– Name and full address and Customer Care number of the manufacturer.

Vide the notification dated August 22, 2022, amending The Legal Metrology (Packaged Commodities) Rules, 2011 the Ministry of Consumer Affairs, Food and Public Distribution has introduced a provision for mandatory declarations to be made on garments sold in loose or open at the point of sale that helps a consumer in their purchases, shall bear certain details to be displayed on the garment. This Amendment will be enforced with effect from January 01, 2023 as the Legal Metrology (Packaged Commodities) (Third Amendment) Rules, 2022.

Amended Legal Metrology Provisions for Loose Garments

The recent amendment, Legal Metrology (Packaged Commodities) (Third Amendment) Rules, 2022 has introduced Clause (f) to be inserted the following mandatory labelling declarations that are to be mentioned on the loose garments such as;

1. Name and address of the manufacturer or marketer or brand owner or importer with country of origin or manufacturer in case of imported products,
2. Consumer care email ID and phone number
3. Sizes with internationally recognizable size indicators such as S, M, L, XL, XXL and XXXL along with details in metric notation in terms of cm or m, as the case may be
4. Maximum retail price of the package inclusive of all taxes in Indian currency

This amendment states that if the above information is mentioned on the finished loose garment goods, only then the exemption from providing the declarations under Rule 6 for such goods shall continue to be levied. Further the above declarations must be displayed on e-commerce websites if the garments and hosieries are being sold online.
It is imperative to note that all manufacturers, packers and importer shall have to declare the aforementioned information with immediate effect from January 01, 2023 on garments that can be sold loose or open at the point of sale to adhere with the aforementioned amendment to the Rules.

Conclusion

The Legal Metrology (Packaged Commodities) (Third Amendment) Rules, 2022 provides for mandatory labelling declaration for commodities such as garments and hosiery. The Ministry of Consumer Affairs aims to protect the interest of consumers via this rule. The manufacturers, importers and packers must be aware of that non-compliance of these rules will amount to penalties, affecting their operations. Therefore, the needful changes must be made with immediate effect.

Nikitaa Rana, Intern at S.S. Rana & Co. has assisted in the research of this news alert.

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