The government on Friday declared face masks and hand sanitizers as essential commodities for the next 100 days as it stepped up efforts to boost supply and prevent hoarding of these items in its fight to check spread of coronavirus disease.
The Centre has also invoked Disaster Management Act toensure price regulation and availability of surgical and protective masks, handsanitizer and gloves.
Both masks (2ply & 3 ply surgical masks, N95 masks) andhand sanitisers have been brought under Essential Commodities Act, 1955,empowering States to regulate production, distribution and prices of theseitems and also crackdown on hoarding and blackmarketing.
“Government has notified an order under the EssentialCommodities Act to declare these items as essential commodities up to June 30,2020, by amending the schedule of the Essential Commodities Act 1955,” theConsumer Affairs Ministry said in a statement.
The decision would empower the government and States/UTs toregulate production, quality and distribution of masks and hand sanitizers forsmooth sale and availability of these items. It also empowers to carry outoperations against speculators and those involved in over pricing and blackmarketing.
“It will enhance the availability of both the items tothe general people at reasonable prices or underP (maximum retail price),”the ministry said.
The government pointed out that masks and hand sanitizersare either not available in the market or are available with great difficultyat exorbitant prices, in view of the ongoing outbreak of COVID-19.
The government has also issued an advisory under the LegalMetrology Act.
Under the EC Act, state governments can ask manufacturers toenhance their production capacity of these items for augmenting supply, whileStates can ensure sale of both the items atP under the Legal Metrology Act.
States can now notify the central order in their officialgazette and also issue their own orders under the EC Act depending on thesituation, the ministry said.
They may take action against offenders under the EC Act andPBMMSEC Act (Prevention of Blackmarketing and Maintenance of Supplies ofEssential Commodities Act) 1980.
An offender under the EC Act can be punished with animprisonment of up to seven years or fine or both. Under the PBMMSEC Act, onecan be detained for maximum six months.
Meanwhile, the Centre has also invoked Disaster ManagementAct to ensure price regulation and availability of surgical and protectivemask, hand sanitizer and gloves.
Amid reports of non-availability and black marketing ofsurgical and protective masks, sanitizers and gloves and as a measure ofpreparedness to address the challenge of outbreak of COVID-19, the healthministry has mandated the National Pharmaceutical Pricing Authority (NPPA) tonotify these items as drugs.
“In pursuance of directions conveyed by Ministry ofHealth and Family Welfare vide order dated 13.03.2020 under clause (I) ofsub-section (2) of section 10 of the Disaster Management Act, 2005, NationalPharmaceutical Pricing Authority has been mandated to regulate the availabilityand prices of the Surgical and protective masks, Hand sanitizers andGloves,” the pharmaceuticals department under the Chemicals andFertilisers Ministry said.
The NPPA has directed all State /UT governments to takenecessary steps to ensure sufficient availability of surgical and protectivemasks, hand sanitizers and gloves at prices not exceeding theP printed on thepack size.
State/UT Governments have also been directed to monitor theproduction and distribution of above mentioned items by the Manufacturers/Importers, Stockists and Retailers and ensure that hoarding, black marketingand profiteering may not happen.
The EC Act was established to ensure the delivery of certaincommodities or products, the supply of which, if obstructed owing to hoardingor black-marketing, would affect the normal life of people. This includesfoodstuffs, drugs, fuels (petroleum products).The Act itself does not lay out rules andregulations but allows the states to issue control orders related to dealerlicensing, regulate stock limits, restrict movement of goods and requirementsof compulsory purchases under a levy system.