Central Consumer Protection Authority Issues Safety Notice for the Purchase Of Acids

Context: Central Consumer Protection Authority issues a Safety Notice under the Consumer Protection Act, 2019 alerting consumers against acids purchases on e-commerce platforms.

More on News:

• E-commerce platforms are urged to implement appropriate mechanisms to prevent the sale of acids in violation of mandatory requirements
• Measures may include taking a separate undertaking from the seller, mandating uploading a Photo ID, and recording the purpose of procuring acids.
• As per Section 4 (3) of Consumer Protection (E-Commerce) Rules, 2020, no e-commerce entity shall adopt any unfair trade practice, whether in the course of business on its platform or otherwise.

Need of Saftey Noice:

• Consumer Saftey:  The availability of hazardous acids in such a freewheeling and easily accessible manner can be dangerous and unsafe for consumers and the public.
  • Consumer rights’ as defined under Section 2(9) of the Act, including the right to be protected against the marketing of goods, products or services that are hazardous to life and property (See Image).
• Violation Of  SC Direction: 
  • It has been observed that there is no requirement to produce a photo ID issued by the government or any manner in which the e-commerce platforms record the purpose of buying the acids before placing an order.
  • Enabling the purchase of acids in such a manner on the e-commerce platform is a clear violation of the directions of the Hon’ble Supreme Court of India and the MHA Advisory.
• Lack of Mechanism: There is no actual mechanism by which age verification of the buyer takes place before placing the order.

SC Directions: The Hon’ble Supreme Court of India in the case of Laxmi vs. Union of India has issued directions that must be complied with with the sale of acids and other corrosive substances.

Ministry of Home Affairs Guidelines: Measures to be taken to prevent acid attacks on people and for treatment and rehabilitation of survivors.

• Banned over-the-counter sale: Banning over-the-counter sale of acids/corrosives unless the seller maintains a logbook/register recording the sale of acids. 
  • The log/register shall contain the details of the person(s) to whom acid(s) is/are sold, the quantity sold and his address.
• Mandatory for the buyer to produce a photo ID with age and address issued by the government. 
  • The logbook/register should also specify the reason/purpose for procuring acid.
• The sellers must declare all the acid stocks  with the concerned Sub-Divisional Magistrate (SDM) within 15 days.
  •  In case of undeclared stock of acids, SDM can confiscate the stock and suitably impose a fine on such seller up to Rs. 50,000.
• Penalty for breach of directions: The concerned SDM may impose a fine of up to Rs.50,000 on any person who commits a breach of any of the above directions.
• Educational institutions, research laboratories, hospitals, Government Departments and the departments of Public Sector Undertakings, that are required to keep and store acids/corrosive, shall maintain a register of acid usage, which shall be filed with the concerned SDM.
  • A person shall be made accountable for the possession and safekeeping of acids in their premises.

Source: PIB

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