The Legal Metrology (Packaged Commodities) Rules, 2011
The Legal Metrology (Packaged Commodities) Rules, 2011 has been framed under section 52(2)(j) and (q) of the Act and has, since, been amended several times, the latest being made under Notification bearing no. GSR 359(E) dated 06.06.2013. (1st amendment of 2013)
What constitutes Packaged Commodity
"pre-packaged commodity" means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity; [ Section 2(j) of the LM Act]
- A commodity is paced in a package, sealed or open. It is immaterial if the package is subsequently removed.
- It was packed when the purchaser was not present to check the quantity packed.
- The commodity has a predetermined quantity. It comes in some standard quantities or sizes.
Items Exempted under Rule 26 of the Packaged Commodities Rules.
- the net weight or measure of the commodity in 10 g or ten ml or less, if sold by weight or measure.
- fast food items packed by restaurant/hotel
- Scheduled and non-scheduled formulations covered under the Drugs (Price Control) Order,1995
- Agricultural farm produces in packages of above 50kg
Provisions of the Legal Metrology Act
|It is illegal to manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless the package is in such standard quantities or number and bears thereon such declarations and particulars as prescribed in the Packaged Commodities Rules.
|Any advertisement mentioning the retail sale price of a pre-packaged commodity shall also contain a declaration regarding the net quantity or number contained in the package.
|All pre-packaged commodities must conform to the declarations provided thereon as per requirement of the Section 18(1). There must not be any false declaration.
|No pre-packaged commodity shall be packed with error in net quantity beyond the limit prescribed in the First Schedule of Legal Metrology (Packaged Commodities) Rules, 2011.
Specific Requirements of Different Classes of Packages
Packages may be classified in three categories and each category has specific requirements.
Package intended for retail sale to the ultimate consumer are called Retail Package and that includes imported packages. Every retail package must be packed in standard quantities (where applicable) and also must bear statutory declarations in the prescribed manner.
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Packages intended for sale to an intermediary and not to a single consumer directly and which contains several retail packages or bulk quantity for direct sale in smaller quantities are called Wholesale Packages. A whole sale package may be packed in any quantity and require limited number of declarations.
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Packages intended for sale directly to an industry or an institution for their own consumption and which are not ultimately sold to a consumer do not require any declaration on them.
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Import or Export of packages
- Exporters of packages do not require registration.
- Packages meant for export exclusively do not require any statutory declaration.
- Such packages cannot be sold in India unless re-packed to conform to the PC Rules
- Importers of packages require registration u/ Rule 27.
- Imported packages will have to follow all provisions of the PC Rules.
- If necessary, the packages must be re-packed to comply with the provisions.
Registration under Rule 27
Every manufacturer or packer or importer of packaged commodities require Registration under the Rule 27 within 90 days of starting business.
The application for Registration can be made in plain paper with following particulars only -
- Name and full address of the Applicant
- Complete address of the premise where manufacture/prepack/import is made with name of items dealt there.
- List of commodities manufactured/pre-packed-or imported by the applicant.
A registration may be made with the the Controller of the state where the factory is located (with the Director of Legal Metrology, GOI in case of Union territories). Registration with any authority is valid throughout the country for items and for factories / premises mentioned in the Registration Certificate. Once registration is made, additions and alterations can ne made by filing an application before the same authority.
The fee payable for registration is Rs. 500.00 and for addition or alteration Rs. 100.00 only. The Director or the Controller will inform in whose favor the Demand Draft shall be drawn.