The Food Safety Act and product liability clause in the Consumer Protection Act is going to be introduced for protection of sub standard goods and services
*Deepak Miglani
The industrial revolution and the development in the international trade and commerce has led to the vast expansion of business and trade, as a result of which a variety of consumer goods have appeared in the market to cater to the needs of the consumers. The evil of substandard goods illegally getting marketed in India is increasing day by day. The Indian government is feeling the need to protect the consumer from the substandard goods.
The government has made a proposal based on recommendations made by the Planning Commission in the 11th five-year Plan, which is to be placed before the National Development Council next month. This proposal will substantially overhaul the existing consumer law.
The commission has recommended mandatory standards for products which impact health and safety of the consumer as well as harm the environment. These include electrical appliances, electronics, IT and telecom products, medical devices, industrial and fire safety equipment, helmets and material used for food packaging.
While making these recommendations, the government for the first time has admitted that there are serious shortfalls in achieving consumer welfare because of lack of laws regulating many products and services that impact health, environment and safety in general.
The Quality Council of India who is the apex body of regulating agencies lacks strength and its teeth also are not sharp. Therefore the commission has suggested setting up of National Quality and Standardization Authority. This authority would be empowered to provide voluntary standards for all areas of economic and social activities and mandatory standards for products that impact health, safety and environment.
To further strengthen the consumer protection legislative regime, the government has also suggested setting up of a National Consumer Protection Authority that could fill the gap created by the winding up of Monopolies and Restrictive Trade Practices Commission. This authority would be empowered to look into deceptive practices and misleading advertisements by manufacturers and service providers.
The new Food Safety Act has been lying in the embargo for bringing the standard for packaged food items. The Food regulatory authority will b e set up in the month of December.
It is imperative that we educate our people about the law and help them to protect themselves from the onslaught of high-tech marketing of these substandard products.
For the protection of the consumer, the glut of adulterated and sub-standard articles in the market has to be checked. Inspite of various provisions providing protection to the consumer and providing for stringent action against adulterated and sub-standard articles in the different enactments ; the government is going to enact Food Safety Act and introduce the product liability clause in the Consumer Protection Act ,making erring manufacturers and suppliers liable to pay punitive damages.
References:-
http://planningcommission.nic
For any query:-
deepakmiglani@hotmail.com
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