THE LEGAL METROLOGY (PACKAGD COMMODITIES) RULES 2011.

The Legal Metrology Act, 2009 (Act No. 1 of 2010, dt 13-1-2010, wef 1-4-2011has come into existance.  This act was formally known as Standard of weight and measures Act,. This act is geared for making honest society and make consumer informative. Our main area of specialization is THE LEGAL METROLOGY (PACKAGD COMMODITIES) RULES 2011.
We aim to render the best professional services and consistently exceed the expectations of our clients through continuous professional education, integrity and hard work.
Our mission is to help the community in understanding and implication of law so that the customer feels comfortable in complying the same. With proper planning and understanding of act, the customers can save a lot of amount
  • As per section 12 of the said act, Any ill drafted contract in contradictory of act becomes void
  • Prohibition of quotation otherwise than in standard units of weight, measure as per section 11 of the said act.
  • Proper cost benefit analysis is required to affix the MRP to save in Excise, Custom duty& Octroi
  • In compliance of Rule 6, minor compliance has to be taken care
  •  And more

We assist in not only in compliance of laws but carry out routine audit and helps the client to prepare the papers for filing in the Court of Law.

Packaged Commodities Rules, 2011

With amendments up to June 2012

The Legal Metrology (Packaged Commodities) Rules, 2011 has been framed under section 52(2)(j) and (q) of the Act and has been amended on several counts, the latest being made under GSR 4257(E) dated 05.06.2012.

Provisions of Legal Metrology Act 2009 regarding Packaged Commodities

  • Section 2(l) of the Legal Metrology Act, 2009 defines “pre-packaged commodity” as 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.
  • It shall be 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 in such manner as may be prescribed.
    [Section 18 (1)]
  • It is required that any advertisement mentioning the retail sale price of a pre-packaged commodity shall also contain a declaration as to the net quantity or number of the commodity contained in the package.
    [Section 18(2)]
  • It shall be punishable if any pre-packaged commodity is packed with error in net quantity beyond the limit prescribed in the Legal Metrology (Packaged Commodities) Rules, 2011.
    [Section 36(2)]

The manner and form of declaration is prescribed in the Legal Metrology (Packaged Commodities) Rules, 2011 made in persuance of requirements of Section 18 of the LM Act. The provisions are effective from the 1st day of April 2011.

An overview of the Legal Metrology (Packaged Commodities) Rules, 2011

Important Definitions

Maximum permissible error

Error in deficiency in the quantity contained in an individual package, permissible up to the limit specified in the First Schedule

Net Quantity

Commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package, excluding the packaging or wrapper.

Retail Sale PriceThe maximum price at which the commodity in packaged form may be sold to the consumer. The manner of declaring MRP will be ‘Maximum or Max. retail price Rs/…….inclusive of all taxes or in the form MRP Rs/ ………incl., of all taxes after taking into account the fraction of less than fifty paisa to be rounded off to the preceding rupees and fraction of above 50 paise and up to 95 paise to the rounded off to fifty paise;

Retail Packages

Packages intended for retail sale to the ultimate consumer and includes imported packages

Wholesale Packages

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.

Retail vs Wholesale Packages

  • Packages containing less than 10 retail packages are not considered wholesale packages.
  • Retail packages need to follow provisions of Chapter II (Rule 3 to 23)
  • Provisions of Chapter III are applicable to wholesale packages. (Rule 24)and also of Rule 18.
  • Retail packages need to be packed in quantities as per Second Schedule and bear all statutory declarations.
  • Wholesale packages may be packed in any quantity and not declare net content, consumer complaint cell, MRP or date of manufacture. But, should declare total no of packages inside.

Items Exempted from the provisions of the Packaged Commodities Rules. [Rule 26]

Packages containing

  • 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 50 kg

Chapter II: Applicable to packages intended for retail sale

Rule 3: The provisions of Chapter II [Rules 4 to 23] will not be applicable in following cases:-

  • Packages of commodities containing quantity of more than 25 kg or 25 litre
  • However, in case of cement and fertilizer the limit is bags up to 50 kg;
  • Packaged commodities sold directly by the manufacturers for service industry like transportation [including airways, railways], hotel or any other similar service industry for use by that institution..
  • Packaged commodities sold directly by the manufacturers to an industry for use by that industr

Rule 5: Commodities to be packed in standard quantities

  • The provision for making “non-standard size” packages will come to end with effect from 01.11.2012
  • Some listed items, mentioned under the Second Schedule will have to be packed in quantities specified in that schedule. The Schedule now offers wider options.
  • Items not included in the Second Schedule may be packed in any quantities or sizes.

Rule 6: Pre-packages must bear specified declarations

Pre-packed Commodity for sale, distribution or delivery must bear thereon or on a label securely affixed thereto, the following declarations:

  1. The name and address of the manufacturer or packer or the importer.
  2. The name, address, telephone number, e mail address, if available, of the person in charge of consumer complaints.
  3. The name(s) of the commodity.
  4. The net quantity of the package;
  5. The month and year of manufacture / pre-pack / import.
  6. The retail sale price of the package (MRP)
  7. where the sizes of the commodity contained in the package are relevant, the dimensions of the commodity contained in the package and if the dimensions of the different pieces are different ,the dimensions of each such different piece.

None of the above declarations can be put by a sticker but stickers may be used for giving other information not required under the Rules – for example: 25 gm free

Important Exceptions

  • For packages containing food articles, Clause 1 and 5 will be replaced by provisions of Food Safety and Standards (Packaging and labeling) Regulations, 2011.
  • For packages containing cosmetic products, instead of clause 5, the provisions of the Drugs and Cosmetic Rules, 1945 shall apply.
  • The declaration regarding retail sale price of alcoholic or spirituous liquor, will be as per Laws of the state of origin. In case of no such laws in that state, the provisions of Clause 6 will apply.

How to make declarations

Statutory declarations should comply with provisions of Rule 7 to Rule 16.

  • Every declaration shall appear on the Principal Display Panel
  • Declarations should be legible and prominent. The Net Content and MRP must be very clear.
  • The language shall be English or Hindi in Devnagari Script. Regional languages may be used in addition only.
  • The expression “when packed” to qualify the net content can be used only in case of soaps, lotions and creams (except milk cream)

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 -
    1. Name and full address of the Applicant
    2. Complete address of the premise where manufacture/prepack/import is made with name of items dealt there.
    3. List of commodities manufactured/pre-packed-or imported by the applicant.
  • A registration made with the Director or the Controller of any State is valid throughout the country for items and for factories / premises mentioned in the Registration Certificate. Once registration is made, additions and alterations can be 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 favors the Demand Draft shall be drawn.

The provision of Section 153 of of the Cr.P.C.

Inspection of weights and measures.- (1) Any officer in charge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false.
(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.

Offenses by Companies

Section 49

  • A company may nominate a person who will be responsible for the conduct of the company. Such nomination should be communicated to the Director of Legal Metrology or the concerned Controller.
  • The nominated person and the company itself will be held responsible for violation of provisions of the Act.
  • When no person is nominated, the person who is in charge or responsible to the company will be held responsible.
  • Even if a person is nominated, any other person responsible to the company and due to whose consent or negligence led to the violation will also be held liable for any offense committed.
  • When a company is convicted, the Court may direct the company to publish its name and the offense committed by it in the newspapers at the cost of the company.

Compiled from http://metrologycentre.com/codes/pcrules.html

 

 

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