Latest Amendments

Subject:-The Legal Metrology (Packaged Commodities) (Amendment) Rules, 2017 vide Notification No. GSR 629(E) dated 23rd June, 2017- Advisory for smooth Implementation-

IT  is directed to refer to the amendments made in the Legal Metrology (Packaged Commodities) Rules, 2011 vide GSR629(E) dated 23rd June, 2017, the advisory issued on 19.12.2017 to allow the industries to use old packaging material till 31.3.2018 and the permission granted on 2.1.2018 to enable old stocks to be cleared upto 31.1.2018 which was further extended upto 28.2.2018 for better implementation of rules. Now, on representations received, manufacturers/ packers/ importers are allowed for putting stickers/ tags/ online printing etc. upto 30/4/2018 for making the mandatory declarations required under the Legal Metrology (Packaged Commodities) Rules,2011. 2. On the further representation of the industries Associations, it is requested that: (i) Efforts may be made to give wide publicity to the provisions of the Legal Metrology (Packaged Commodities) Rules, 2011 so as to spread awareness amongst manufacturers/ packers/ importers and retailers etc. (ii) The initial enforcement steps may only be in the nature of investigation surveys. Any deficiency noticed should be brought in the notice of the concerned. This is being suggested to provide a opportunity to manufacturers/ [ packers to update their label declarations. It is expected that in the initial period there should be no prosecution for the shortcomings in the labeling requirements in case of font size, if it is not affecting the consumers in anyway. (iii) The Enforcement Authorities of your State may accordingly be advised for due compliance of the above guidelines. (iv) The above permission is extended upto 30.4.2018 for better implementation of rules.

3. This issues with the approval of the Competent Authority.

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  1. These rules may be called as the Legal Metrology (Packaged Commodities)

Amendment Rules, 2017 applicable from 1-1-2018 in the Legal Metrology (Packaged Commodities) Rules, 2011 (hereinafter referred to as the said rules),

Rule 2 covers the definition and now they have added the definition of consumer in rule 2 (aa),-

‘(aa) “Consumer” shall have the same meaning as assigned to it in clause (d) of sub-section (1) of sec tion 2 of the Consumer Protection Act, 1986 (68 of 1986);’ and will be as ; buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii)   hires or avails of any services for a consideration which has been paid or promised or partly paid and partly prom­ised, or under any system of deferred payment and includes any beneficiary of such services other than the person who ‘hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes;

Explanation.— For the purposes of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment;

‘(bc) “institutional consumer” means the institution which buys packaged commodities bearing a declaration ‘not for retail sale’, directly from the manufacturer or from an importer or from wholesale dealer for use by that institution and not for commercial or trade purposes;’;

(bd) “E-commerce” means buying and selling of goods and services including digital products over digital and electronic network;

(be) “E-commerce entity” means a company incorporated under the Companies Act, 1956 or the companies Act, 2013 or a foreign company covered under clause (42) of section 2 of the Companies Act, 2013, or an office, branch or agency in India covered under sub-clause (ii) of clause (v) of section 2 of the foreign Exchange Management Act,1999 (42 of

1999) owned or controlled by a person resident outside India and conducting e-commerce business;

(bf) “marketplace based model of e-commerce” means providing of an information technology platform by an e-commerce entity on a digital and electronic network to act as a facilitator between buyer and seller;’;

(iv) for clause (m), the following clause shall be substituted, namely:-

‘(m) “retail sale price” means the maximum price at which the commodity in packaged form may be sold to the consumer inclusive of all taxes;’;

The applicability of chapter has been redrafted

3.In the said rules, for rule 3, the following rule shall be substituted, namely:-

“3. Application of Chapter.- The provisions of this chapter shall not apply to-

(a) packages of commodities containing quantity of more than 25 kilogram or 25 litre;

(b) cement, fertilizer and agricultural farm produce sold in bags above 50 kilogram; and

(c) packaged commodities meant for industrial consumers or institutional consumers.”.

  1. In the said rules, in rule 6,-

(i) in sub-rule (1).- (a) in clause (a), for Explanation III,

“Explanation III. – In respect of packages containing food articles, the provisions of this clause shall not apply, but the provisions of, and the requirements specified in the Food Safety and Standards Act, 2006 (34 of 2006) and the rules made thereunder shall apply;”;

(b) after clause (a), the following clause shall be inserted, namely:-

“(aa) The name of the country of origin or manufacture or assembly in case of imported products shall be mentioned on the package;”;

(c) after clause (d), the following clause shall be inserted, namely:-

(da) If a package contains a commodity which may become unfit for human onsumption after a period of time, the ‘best before or use by the date, month and year’ shall also be mentioned on the label:

Provided that nothing in this clause shall apply if a provision in this regard is made in any other law.

Explanation

.- 1. For the purposes of this sub-rule,-

(a) the expression “best before” means the date which signifies the end of the period nder any stated storage conditions during which the product shall remain fully marketable and shall retain any specific qualities for which tacit or express  claims have been made and beyond the date commodity may still be safe for consumption;

(b)the expression “Use by Date” means the date which signifies the end of the estimated period under any stated storage conditions after which the product shall not have the quality attributes normally expected by the consumers and after this date, the commodity should not be regarded as marketable.’;

(d) in clause (e), after the words “the retail sale price of the package;”, the following words and figures shall be inserted, namely:-

“shall clearly indicate that it is the maximum retail price inclusive of all taxes and the price in rupees and paise be rounded off to the nearest rupee or 50 paise;

Illustrations.- for declaration of retail sale price:

  • Maximum or Max. retail price Rs. or xx  (inclusive of all taxes), or
  • Maximum or Max. retail price Rs. or xx inclusive of all taxes, or
  • MRP Rs. or xx incl. of all taxes, or
  • MRP Rs. or xx (incl. of all taxes):”

(ii) after sub-rule (4), the following sub-rule shall be inserted, namely:-

“(4A) Nothing in this rule shall preclude a manufacturer or packer or importer to declare the following on the package, in addition to the mandatory declarations-

(a) Barcode or GTIN or QR Code;

(b) ‘e-code’ for net quantity assurance of the commodity and other required declarations, after obtaining the same in the manner as specified by the Central Government;

(c) logos of Government schemes, such as Swatch Bharat Mission, where such use is authorised by the Central Government.”;

(iii) after sub-rule (9), the following sub-rule shall be inserted, namely:-

“(10) An E-Commerce entity shall ensure that the mandatory declarations as specified in sub-rule (1), except the month and year in which the commodity is manufactured or

packed, shall be displayed on the digital and electronic network used for e-commerce transactions:

Provided that in case of market place model of e-commerce, responsibility of the correctness of declarations shall lie with the manufacturer or seller or dealer

or importer if,-

(a) the function of the e-commerce entity is limited to providing access to a communication system over which information made available by the manufacturer or seller or dealer or importer is transmitted or temporarily stored or hosted; or

(b) the entity does not-

(i) initiate the transmission;

(ii) select the receiver of the transmission; and

(iii) select or modify the information contained inthe transmission;

(c) the entity observes due diligence while discharging its duty as an intermediary under the Information Technology Act, 2000 and also observes such other guidelines as the Central Government may prescribe in this behalf: Provided further that there shall not be any protection to the market place e-commerce entity if,-

(a) the entity has conspired or abetted or aided or induced, whether by threats or promise of otherwise in the commission of the unlawful act;

(b) upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the entity is being used to commit the unlawful act, the entity fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner.

Explanation

.- For the removal of doubts it is hereby clarified that the provision of this sub -rule shall not provide exemption from the declarations required to be made under these rules on re-packaged commodities delivered to the consumers.”.

  1. In the said rules, in rule 7,-

(i) for sub-rule (2), the following sub-rule shall be substituted, namely:-

“(2) The height of any numeral and letter in the dclaration required under these rules shall be as per Table-I.”;

(ii) for sub-rule (3) , the following sub-rule shall be substituted, namely:-

“(3) The width of the letter or numeral shall not be less than one third of its height ,except in the case of numeral “1” and letters (i), ( I) and ( );”.

  • (iii) For the Table-I, the following table shall be substituted, namely:-

TABLE

 

Serial Number Area of Principal display panel in square centimeters

(A)

Minimum height of numerals and letters in millimeters Minimum height of numerals and letters when blown, formed or molded on surface of container in millimeters
  (1) (2) (3)
1 A  < 50 1.0 1.5
2 50 < A  < 100 2,0 3.0
3 100 < A  < 500 2.5 4.0
4 500 < A  < 2500 4.0 6.0
5 2500<A 6.0 6.0”;
  • Table II shall be omitted;
  • for sub-rules (4) and (5), the following sub-rules shall respectively, be substituted, –

“(4) The area not including the top, bottom, flange at top and bottom of cans, and shoulders and neck of bottle and jars shall be determined in the following manner, namely:-

  • in the case of a rectangular package, where one entire side can properly be considered to be the principal display panel side, the product of the height multiplied by the width of that side;
  • in case of a cylindrical or nearly cylindrical package, 40 per cent. of the product of the height of the package multiplied by the circumference;
  • in case of any other shaped package , 40 per cent. of the total surface of the package, or an area considered to be a principal display panel of the

(5) Except size of the numbers and letters for declaring net weight, retail sale price, date of expiry or best before or use  by date (wherever and as applicable) and consumer care details, the provisions under sub-rules (1) to (4) shall not apply to a package if the information to be specified on such package under this rule is also required to be given by or under any other law for the time being in force.”.

  1. In the said rules, in rule 9, in sub-rule (3), the following proviso shall be inserted, namely,-

“Provided that no such declarations on the inner package is required, if the outer package contains all declarations required under these rules.”.

  1. In the said rules, in rule 10, in the sub-rule 1,-
  • in the first proviso for the figures, words and letters “5 cubic cm or less”, the figures, words and letters “10 cubic cm or less” shall be substituted;
  • the explanation shall be numbered as Explanation 1 thereof, and after the Explanation, as so numbered the following

Explanation shall be substituted, namely:-

“Explanation 1.- In this sub-rule, ‘complete address’ means, the postal address at which the factory is situated or company or firm is registered, and, in any other case, the name of the street, number (if any) assigned to the premises of the manufacturer or packer or importer and the name of the city and State where the business is carried on by the manufacturer or packer or importer and the Postal Index Number [PIN] Code so that a consumer can identify and locate the manufacturer or packer or importer, as the case may be.”.

  1. In the said rules, in rule 18,-

(i) after sub-rule (1), the following sub-rule shall be inserted, namely:-

“(1A) The wholesale dealer shall be allowed to sell the pre-packaged commodities directly to the industrial and institutional consumers.”.

(i) after sub-rule (2), the following sub-rule shall be inserted, namely:-

“(2A) Unless otherwise specifically provided under any other law, no manufacturer or packer or importer shall declare different maximum retail prices on an identical pre-packaged commodity by adopting restrictive trade practices or unfair trade practices as defined under clause (c) of sub-section (1) of section 2 of the Consumer Protection Act, 1986 (68 of 1986).

  1. In the said rules, in rule 19,-

(a) in sub rule (4),-

  • in clause (a), for the words “the statistical average”, the words “the corrected average” shall be substituted;
  • for clause (b), the following clauses shall be substituted, namely:-

“(b) the number of packages that show an error in deficiency exceeding the maximum permissible error is greater than that shown in column 4 of Table under Fifth Schedule; or

  • any such package shows an error in deficiency exceeding twice the maximum permissible error;
  • the Director, Controller or the Legal Metrology Officer shall require the manufacturer or packer to make a cent per cent check of the packages contained in the lot and authorise sale, distribution or delivery of only such packages with error in deficiency in the net quantity less than the maximum permissible error and the remaining packages shall be allowed to be sold distributed or delivered by the manufacturer or packer after it has been repacked or relabeled, as the case may be, so as to comply with the provisions of the Act and these ”
  • sub-rule (5) shall be
  • for sub-rule (6), the following sub-rule shall be substituted, namely:-

“(6) A lot of packages shall be approved for sale if as a result of the test carried out under this rule, it is found that-

  • the corrected average net quantity of the sample packages is equal to or more than the declared net quantity;
  • the number of packages that show an error in deficiency exceeding the maximum permissible error is not more than that shown in column 4 of the Table under Fifth Schedule;
  • no package shows an error in deficiency exceeding twice the maximum permissible error;
  • every package bears thereon or on a label affixed thereto the declarations required to be made under these ”.
  1. In the said rules, for rule 20, the following rule shall be substituted, namely:-

“20. Action to be taken on completion of inspection of packages at the premises of the manufacturers or the packer.- (1) If it appears from the report referred to in sub-rule (3) of rule 19 that,-

  • the corrected average net quantity contained in the packages drawn as samples is lesser than the quantity declared on the package or the label affixed thereto; or
  • any such packages showing an error in deficiency exceeding the maximum permissible error is greater than the number specified in column 4 of the Table in the Fifth schedule; or
  • any package has error in deficiency exceeding twice the maximum permissible error; or
  • any such package does not bear thereon or on label affixed thereto the declarations to be made under these Rules; the Director, Controller, or the Legal Metrology Officer shall take following action, namely:-
  • seize the packages drawn by him as samples and take adequate steps for the safe custody of the seized packages until they are produced in the appropriate court as evidence;
  • based on the evidence initiate action for violations as per the provisions of the Act and these

(2) The disposal of the seized packages shall be done in accordance with the provisions of the Code of Criminal Procedure, 1973(2 of 1974).”.

  1. In the said rules, in rule 26,-
  • for clause (c), the following clause shall be substituted, namely:-

“(c) it contains scheduled formulations and non-scheduled formulations covered under the Drugs (Price Control) Order, 2013 made under section 3 of the Essential Commodities Act, 1955 (10 of 1955):

Provided that no exemption shall be applicable to medical devices declared as drugs.”.

  • clause (d) shall be
  1. In the said rules, for rule 32, the following rules shall be substituted, namely:- “32. Fine for contravention of –

Whoever contravenes any provisions of these rules, for which no punishment is provided, shall be punished with fine of five thousand rupees.

32A. Sum of compounding of offences.- The sum of compounding of offences committed under the Act shall be as specified in the following Table, namely:—

TABLE

 

Sr. No. Offence Compounding amount
(1) (2) (3)
    If the application for compounding is by retailers  or wholesale dealers If the application for  compounding is by manufacturers or importers
1. Contravention of section 29 Rupees two thousand Rupees ten thousand
2. Contravention of sub-section (1) of section 36 Rupees five thousand Rupees twenty five thousand
3. Contravention of sub-section (2) of section 36 Rupees ten thousand Rupees fifty thousand

 

  1. In the said rules, in the Second Schedule, in column (3), against serial number 10, after figures and letter, “500g”, the figures and letters “550 g, 600 g, 650 g” and after figures and letters, “500ml”, the figures and letters “550 ml, 600 ml, 650 ml” shall respectively, be
  2. In the said rules, in the Fifth Schedule,-

(i) in item 1, for the Table, the following Table shall be substituted, namely:- “

Serial number Inspection lot size (1) Sample size (n)

(2)

Correction factor

( C )

(3)

Number of packages showing an error more than the maximum permissible error but less than twice the maximum permissible error

(4)

1. 100 to 500 50 0.379 3
2. 501 to 3200 80 0.295 5
3. More than 3200 125 0.234 7”.

 

  1. In the said rules, in the Sixth Schedule, in Part-II, after item no 7, the following items shall be inserted, namely:-

“8. Determination of mean or average net quantity or net volume.-

After determining the individual values of net quantity or net volume or length or number of the commodity contained in the package, as per the procedure outlined in item numbers 3 to 6 of this Part, the mean or average value shall be calculated by summing up the individual values (xi) and dividing it by the number of sample packages (n) taken for testing, by the formula-

Average Net value ) = ∑ xi / n .

9.  Determination of Standard deviation of values.-

The standard deviation (σ) of individual values [xi] is determined by the formula –

σ=  ; where ,

xi   = individual values of net quantity or net volume or length or number ,

= average or mean value of net quantity or net volume or length or number.

10.   Corrected average net quantity or net volume.-

The corrected average net quantity Xc is determined from the value of average net quantity  ] by using the formula – Xc                   =        + (σ x C),         where C is the correction factor.”.

  1. In the said rules, in the Seventh Schedule,-
  • in Form A, in row B, relating to the commodity Classification, for the existing entries in column (2), the following entries in column (2) the following entries be substituted, namely:-

“Lot size:           Sample size:                Maximum permissible error (g)”

  • in Form B, in row B relating to the commodity Classification, for the existing entries in column (2), the following entries be substituted, namely:-

“Lot size:           Sample size:                  Maximum permissible error”

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PREVIOUS AMENDMENTS

 

WM-10(61)/2015 Government of India Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs Legal Metrology Division

Krishi Bhawan, New Delhi Dated: 29.12.2015

To, The Controllers of Legal Metrology, All States/ UTs

Subject:-The Legal Metrology (Packaged Commodities) (Amendment) Rules, 2015- Advisory for dispensation- regarding.

Sir,

The undersigned is directed to refer to the amendments made in the Legal Metrology (Packaged Commodities) Rules, 2011 vide GSR 385 (E) dated 14th May, 2015 and notified to come into force w.e.f. 1st January, 2016.

  1. This is to inform that representations have been received from many Industries and Industry Associations that industry has huge inventory of packaging material which complies with the old rules and requesting extension of time for the implementation of proposed amendments.
  2. It has therefore, been decided to allow the industries to use old packaging material till 30.6.2016 to enable old stocks to be cleared. This advisory is being issued to ensure smooth transition accordingly.
  3. This issues with the approval of the Competent Authority.

Yours faithfully,

r&e9C- i\Od)\

(B. N. Dixit) Director of Legal Metrology Tel: 011-23389489/ Fax.-011-23385322 Email: dirwm-ca@nic.in

Copy to: FICCI, National Seed Association of India, ASSOCHEM, PHD Chambers of Commerce and all Industries and Industry Associations for kind information.

Relevant amendments in the Legal Metrology (Packaged Commodities) Rules, 2011

DEFINITIONS

Amendments in Rule 2:

2 (bb) “industrial consumer” means the consumer who buys packaged commodities directly from the manufacturer or from an importer or from wholesale dealer for use by that industry and the package shall have declaration ‘not for retail sale’.

2 (bc) “institutional consumer” means the institution who hires or avails of the facilities or service in connection with transport, hotel, hospital or other organisation which buy packaged commodities directly from the manufacturer or from an importer or from wholesale dealer for use by that institution, and the package shall have declaration ‘not for retail sale .

2 (k) “retail sale”, in relation to a commodity, means the sale, distribution or delivery of such commodity through retail sales shops agencies or other instrumentalities for consumption by an individual or a group of individuals or any other consumer

 

Provided that for the purpose of “retail food package”, the definition of the same contained in the rules or regulations made under the Food Safety and Standards Act, 2006 (34 of 2006) shall apply.”.

 

CHAPTER II

PROVISIONS APPLICABLE TO PACKAGES INTENDED FOR RETAIL SALE

 

Amendments in Rule 6:

  1. Declarations to be made on every package. – (1) (a) the name and address of the manufacturer, or where the manufacturer is not the packer, the name and address of the manufacturer and packer and for any imported package the name and address of the importer shall be mentioned on every package.

 

Explanation I.- If any name and address of a company is mentioned on the label without any qualifying words ‘manufactured by’ or ‘packed by’, it shall be presumed that such name and address shall be that of the manufacturer and the liability shall be determined accordingly;

 

Explanation II. – If the brand name and address of the brand owner appear on the label as a marketer, then the brand owner shall be held responsible for any violation of these rules and action as may be required shall be initiated against the deemed manufacturer and in the event of more than one name and address appearing in the label, prosecution shall be launched against the manufacturer indicated on the label in the first place and not against all of them.

 

Explanation III. – In respect of packages containing food articles, the provisions of this subrule shall not apply, and instead, the requirement of the Food Safety and Standards Act, 2006 (34 of 2006) and the rules made there under shall apply.

 

(b) The common or generic names of the commodity contained in the package and in case of packages with more than one product, the name and number or quantity of each product shall be mentioned on the package.

 

(c) The net quantity, in terms of the standard unit of weight or measure, of the commodity contained in the package or where the commodity is packed or sold by number, the number of the commodity contained in the package shall be mentioned.

 

(d) The month and year in which the commodity is manufactured or pre-packed or imported shall be mentioned in the package.

 

Provided that for packages containing food articles, the provisions of the Prevention of Food

Adulteration Act 1954 (37 of 1954) and the rules made there under shall apply;

 

Provided further that nothing in this sub-clause shall apply in case of packages containing seeds which are labelled and certified under the provisions of the Seeds Act, 1966 (54 of 1966) and the rules made thereunder;

Omitted

 

Provided also that for packages containing cosmetics products, the provisions of the Drugs and

Cosmetics Rules, 1945 shall apply.

 

(e) the retail sale price of the package:

 

Provided that for packages containing alcoholic beverages or spirituous liquor, the State Excise

Laws and the rules made there under shall be applicable within the State in which it is manufactured and where the state excise laws and rules made there under do not provide for declaration of retail sale price, the provisions of these rules shall apply.

 

(f) 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 shall be mentioned.

 

(g) such other matter as are specified in these rules:

 

Provided that –

 

(A) no declaration as to the month and year in which the commodity is manufactured or pre-packed shall be required to be made on—

 

(i) any package containing bidis or incense sticks;

 

(ii) any domestic liquefied petroleum gas cylinder of 14.2kg or 5kg, bottled and marketed by a public sector undertaking;

 

(B) where any packaging material bearing thereon the month in which any commodity was expected to have been pre-packed is not exhausted during that month, such packaging material may be used for pre-packing the concerned commodity produced or manufactured during the next succeeding month and not thereafter, but the Central Government may, if it is satisfied that such packaging material could not be exhausted during the period aforesaid by reason of any circumstance beyond the control of the manufacturer or packer as the case may be extend the time during which such packaging material may be used, and , where any such packaging material is exhausted before the expiry of the month indicated thereon, the packaging material intended to be used during the next succeeding month may be used for pre-packing the concerned commodity:

 

Provided that the said provision shall not apply to the packages containing food products, where

the ‘Best before or Use before’ period is ninety days or less from the date of manufacture or

packing.

 

(C) no declaration as to the retail sale price shall be required to be made on

 

(i) any package containing bidi;

 

(ii) any domestic liquefied petroleum gas cylinder of which the price is covered under the Administrative Price Mechanism of the Government.

 

Explanation I: The month and the year in which commodity is pre-packed may be expressed either in words, or by numerals indicating the month and the year, or by both.

 

Explanation II: Liquid milk does not include condensed milk.

 

(2) Every package shall bear the name, address, telephone number, e mail address of the person who can be or the office which can be contacted, in case of consumer complaints.

 

(3) It shall not be permissible to affix individual stickers on the package for altering or making declaration required under these rules:

 

Provided that for reducing the Maximum Retail Price (MRP), a sticker with the revised lower MRP (inclusive of all taxes) may be affixed and the same shall not cover the MRP declaration made by the manufacturer or the packer, as the case may be, on the label of the package.

 

(4) It shall be permissible to use stickers for making any declaration other than the declaration required to be made under these rules.

 

(5) Where a commodity consists of a number of components and these components are packed in two or more units, for sale as a single commodity, the declaration required to be made under sub-rule (1) shall appear on the main package and such package shall also carry information about the other accompanying packages or such declaration may be given on individual packages and intimation to that effect may be given on the main package and if the components are sold as spare parts, all declarations shall be given on each package.

 

(6) Any packing material or wrapper which could not be exhausted by the manufacturer or packer may be used for packing of the material up to 31st March, 2012 or till such date the packaging material of wrapper is exhausted, whichever is earlier, after making the corrections required under these rules by way of stamping or putting sticker or online printing, as the case may be.

 

(7) Every package containing the genetically modified foods shall bear at the top of its principal display panel the words “GM”.

 

(8) Every package containing soap, shampoos, tooth pastes and other cosmetics and toiletries shall bear at the top of its principal display panel a red or as the case may be, brown dot for products of non-vegetarian origin and a green dot products of vegetarian origin.

 

(9) Without prejudice to the provisions contained in this rule, it shall be permissible to affix a label on imported package for making the declarations required under these rules.

10    sub-rule (1) to (3) shall not apply to a package if the information to be specified on such package under this rule is also required to be given by or under any other law for the time being in force.

 

(5) the area not including the top, bottom, flange at top and bottom of cans, and shoulders and neck of bottle and jars shall be determined as follows, namely :-

 

Amendments in Rule 9:

 

  1. Manner in which declaration shall be made.- (1) Every declaration which is required to be made on a package under these rules shall be –

 

(a) legible and prominent;

 

(b) numerals of the retail sale price and net quantity declaration shall be printed, painted or inscribed on the package in a colour that contrasts conspicuously with the background of the label;

 

Provided that,–

 

(a) where any label information is blown, formed or molded on a glass or plastic surface such information need not be required to be presented in a contrasting colour;

 

(b) where any declaration on a package is printed either in the form of hand-writing or handscript, such declaration shall be clear, unambiguous and legible.

 

(2) No declaration shall be made so as to require it to be read through any liquid commodity contained in the package.

 

(3) Where a package is provided with an outside container or wrapper such container or wrapper shall also contain all the declarations which are required to appear on the package except where such container or wrapper itself is transparent and the declarations on the package itself are easily readable through such outside wrapper.

 

(4) The particulars of the declarations required to be specified under this rule on a package shall either be in Hindi in Devnagri script or in English:

 

Provided that nothing contained in this sub-rule shall prevent the use of any other language in addition to Hindi or English language.

 

Amendments in Rule 10:

 

  1. Declaration of name and address of the manufacturer, etc.-(1) Subject to the provisions of rule 6, every package kept, offered or exposed for sale or sold shall bear conspicuously on it, the name and complete address of the manufacturer, or where the manufacturer is not the packer, the name and address of the manufacturer and the packer and in case of imported packages, the name and address of the importer:

 

Provided that for packages of capacity 5 cubic cm or less, it shall be a sufficient compliance of this sub-rule, if a mark or inscription which would enable the consumer to identify the manufacturer or packer or the importer, as the case may be, is made on the package:

 

Provided further that where any commodity manufactured outside India is packed in India, the package shall also contain on the principal display panel the name and complete address of the packer or the importer in India.

 

Explanation. – In this sub-rule, ‘ complete address’ means, the postal address at which the company or firm is registered, and, in any other case, the name of the street, number (if any) assigned to the premises of the manufacturer or packer and either the name of the city and State where the business is carried on by the manufacturer or packer or the Postal Index Number [PIN] Code so that a consumer can identify and locate the manufacturer or packer or importer, as the case may be.

 

(2) The name of the manufacturer or packer or importer shall be the actual corporate name, or if not incorporated, the name under which the business is conducted by such manufacturer or packer or importer in India.

 

Amendments in Rule 12:

 

  1. Manner in which declaration of quantity shall be.—(1) The declaration of quantity shall be expressed in terms of such unit of weight, measure or number or a combination of weight, measure or number as would give an accurate and adequate information to the consumer with regard to the quantity of the commodity contained in the package.

 

(2) Except in the cases of commodities specified in the Fourth Schedule, the declaration of quantity shall be in terms of the unit of –

 

(a) mass, if the commodity is solid, semi-solid, viscous or a mixture of solid and liquid;

(b) length, if the commodity is sold by linear measure;

(c) area, if the commodity is sold by area measure;

(d) volume, if the commodity is liquid or is sold by cubic measure; or

(e) number, if the commodity is sold by number:

 

(3) Where the declaration of quantity has been made in terms of mass, the manufacturer or importer, as the case may be, the packer may, at his option make an additional declaration on the package as to the number of commodities contained in the package.

 

(4) Where the declaration of quantity by weight or measure or number is not sufficient to give to the consumer full information with regard to the dimensions or number of commodity contained in the package, such declaration shall be accompanied by a declaration of the dimensions or number, or both, where necessary, of the commodity contained in the package.

 

(5) Where it is necessary to communicate to the consumer any additional information about the commodity contained in a package, such information shall also appear on the same panel in which the other information, as required by these rules, have been indicated.

 

(6) The declaration of the quantity under these rules shall not contain any word or expression, of any sort whatsoever, which tends to create or is likely to create an exaggerated, misleading or inadequate expression as to the quantity of the commodity contained in the package.

 

(7) For packages having capacity 10 cubic cm or less, the declaration of quantity shall be made on a tag, card, tape, or any other similar device affixed to the container and every such tag, card, tape or other device shall contain mark or inscription which will enable the consumer to identity the manufacturer or packer, as the case may be.

 

Amendments in Rule 13:

 

  1. Statement of units of weight, measure or number.- (1) The units of weight or measure or number shall be specified in accordance with the units specified in sub-rule (2) or sub-rule (3), as the case may be.

 

(2) When expressing a quantity less than,-

 

(a) one kilogram, the unit of weight shall be the gram;

(b) one metre, the unit of length shall be the centimetre;

(c) one square metre, the unit of area shall be the square decimetre;

(d) one cubic metre, the unit of volume shall be one cubic centimetre;

(e) one cubic decimetre, the unit of volume shall be the cubic centimetre;

(f) one litre, the unit of volume shall be the millilitre.

 

(3) When expressing a quantity of equal to or more than-

 

(a) one kilogram, the unit of weight shall be the kilogram and any fraction of a kilogram shall be expressed in terms of decimal of sub-multiples of kilogram or in terms of grams;

 

(b) one metre, the unit of length shall be the metre and any fraction of a metre shall be expressed in terms of decimal of sub-multiples of the metre or in terms of centimetre;

 

(c) square metre, the unit of the area shall be the square metre and any fraction of a square metre shall be expressed in terms of decimal of sub-multiple of the square metre.

 

(d) cubic metre, the unit of volume shall be the cubic metre and any fraction of a cubic metre shall be expressed in terms of decimal sub-multiple of the cubic metre;

 

(e) one litre, the unit of volume shall be the litre and any fraction of a litre shall be expressed in terms of decimal of sub-multiple of the litre:

 

Provided that where the quantity to be expressed is equal to one kilogram, one metre, one square metre, one cubic decimetre, one cubic metre or one litre, as the case may be, such quantity may be expressed at the option of the manufacturer or the packer on the importer, as the case may be, in terms of gram, centimetre, square decimetre, cubic centimetre, cubic decimetre or millilitre as the case may be.

 

(4) No number called the dozen, score, gross, great gross or the like shall be specified or indicated on any package.

 

(5) Symbol of Units:- (i) No system of units other than the International System of Units shall be used in furnishing the net quantity of the packages;

 

(ii) For items sold by number the symbol should be N or U.

 

Explanation:- For the purposes of this sub-rule, it is clarified that for indicating the unit for litre, the letter ‘L’ may be adopted to avoid confusion with the letter ‘I’ and figure ‘1’.

 

(6) where there are number of packages of the same commodity in a prepackage, the number of packages and the quantity of each package shall be indicated as a supplementary quantity declaration in the package.

 

Explanation. – For the purpose of this sub-rule, where the net quantity of a package is one hundred grams, the number of packages multiplied by the net quantity of each package shall be separately indicated in numbers multiplied by its individual weight (i.e 10 number x 10 gram).

 

CHAPTER V

EXEMPTIONS

 

Amendments in Rule 26:

 

  1. Exemption in respect of certain packages.-Nothing contained in these rules shall apply to any package containing a commodity if—

 

(a) the net weight or measure of the commodity is ten gram or ten milli litre or less, if sold by weight or measure;

 

Provided

 

(b) any package containing fast food items packed by restaurant or hotel and the like;

 

(c) it contains scheduled formulations and non-scheduled formulations covered under the Drugs (Price Control) Order,1995 made under section 3 of the Essential Commodities Act, 1955 (10 of

1955)’;

 

(d) agricultural form produces in packages of above 50 kg’.

 

(e) any thread which is sold in coil to handloom weavers.

 

CHAPTER VII

GENERAL

 

Amendments in Rule 32:

 

  1. Penalty for contravention of Rules – (1) Whoever contravenes the provisions of rules 27 and 28, he shall be punished with fine of four thousand rupees.

 

(2) Whoever contravenes any other provision of these rules, for the contravention of which no punishment has been provided he shall be punished with fine of two thousand rupees.

 

(3) Sum of compounding of offences. – The sum of compounding of offenses committed under the said Act shall be as specified in the following Table, namely:-

 

TABLE

 

 

Sr. No. Offence Compounding Amount
(1) (2) (3)
If the application for compounding is by retailers or wholesale dealers If the application for compounding is by manufacturers or importers
1 Contravention of Section 29 Rupees two thousand Rupees ten thousand
2 Contravention of Sub-section (1) of Section 36 Rupees five thousand Rupees twenty five thousand
3 Contravention of Sub-section (2) of Section 36 Rupees ten thousands Rupees fifty thousand
4 Selling of products for more than the maximum retail sale price Rupees two thousand Rupees five thousand

 

 

Amendments in Rule 33:

 

  1. Power to relax- (1) The Central Government may, after ascertaining the genuineness, permit a manufacturer or packer to pack for sale the packages for a reasonable period by relaxing one or more provision of these Rules with such corrective measures as may be specified.

 

(2) the Central Government may, after ascertaining the genuineness of a case stated in the application, permit a manufacturer or packer or importer to pack or sell of the packages other than specified in the Second Schedule for a maximum period of one year by relaxing the rule.

 

Amendments in Second Schedule:

 

Sl. No Commodities Quantities in which to be packed
(1) (2) (3)
12 Non-Soapy detergents (powder) Below 50g no restriction, 50g, 75g, 100g, 150g, 200g, 250g, 400g, 500g, 700g, 750g, 800g, 1kg, 1.5kg, 2kg, and thereafter, in multiples of 1 kg.

 

Amendments in Third Schedule:

Sl. No Name of commodity
1 All kinds of soaps
2 Lotions
3 Cream (other than cream of milk)
4 Camphor

The MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Consumer Affairs)  has come out with NOTIFICATION New Delhi, the 23rd June, 2017 G.S.R. 629(E)

The details are given as below:

 

  1. These rules may be called as the Legal Metrology (Packaged Commodities)

Amendment Rules, 2017 applicable from 1-1-2018 in the Legal Metrology (Packaged Commodities) Rules, 2011 (hereinafter referred to as the said rules),

 

Rule 2 covers the definition and now they have added the definition of consumer in rule 2 (aa),-

‘(aa) “Consumer” shall have the same meaning as assigned to it in clause (d) of sub-section (1) of sec tion 2 of the Consumer Protection Act, 1986 (68 of 1986);’ and will be as ; buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii)   hires or avails of any services for a consideration which has been paid or promised or partly paid and partly prom­ised, or under any system of deferred payment and includes any beneficiary of such services other than the person who ‘hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes;

Explanation.— For the purposes of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment;

 

‘(bc) “institutional consumer” means the institution which buys packaged commodities bearing a declaration ‘not for retail sale’, directly from the manufacturer or from an importer or from wholesale dealer for use by that institution and not for commercial or trade purposes;’;

(bd) “E-commerce” means buying and selling of goods and services including digital products over digital and electronic network;

(be) “E-commerce entity” means a company incorporated under the Companies Act, 1956 or the companies Act, 2013 or a foreign company covered under clause (42) of section 2 of the Companies Act, 2013, or an office, branch or agency in India covered under sub-clause (ii) of clause (v) of section 2 of the foreign Exchange Management Act,1999 (42 of

1999) owned or controlled by a person resident outside India and conducting e-commerce business;

(bf) “marketplace based model of e-commerce” means providing of an information technology platform by an e-commerce entity on a digital and electronic network to act as a facilitator between buyer and seller;’;

(iv) for clause (m), the following clause shall be substituted, namely:-

‘(m) “retail sale price” means the maximum price at which the commodity in packaged form may be sold to the consumer inclusive of all taxes;’;

 

 

The applicability of chapter has been redrafted

3.In the said rules, for rule 3, the following rule shall be substituted, namely:-

“3. Application of Chapter.- The provisions of this chapter shall not apply to-

(a) packages of commodities containing quantity of more than 25 kilogram or 25 litre;

(b) cement, fertilizer and agricultural farm produce sold in bags above 50 kilogram; and

(c) packaged commodities meant for industrial consumers or institutional consumers.”.

 

 

  1. In the said rules, in rule 6,-

(i) in sub-rule (1).- (a) in clause (a), for Explanation III,

“Explanation III. – In respect of packages containing food articles, the provisions of this clause shall not apply, but the provisions of, and the requirements specified in the Food Safety and Standards Act, 2006 (34 of 2006) and the rules made thereunder shall apply;”;

 

(b) after clause (a), the following clause shall be inserted, namely:-

“(aa) The name of the country of origin or manufacture or assembly in case of imported products shall be mentioned on the package;”;

 

(c) after clause (d), the following clause shall be inserted, namely:-

 

(da) If a package contains a commodity which may become unfit for human onsumption after a period of time, the ‘best before or use by the date, month and year’ shall also be mentioned on the label:

 

Provided that nothing in this clause shall apply if a provision in this regard is made in any other law.

 

Explanation

.- 1. For the purposes of this sub-rule,-

(a) the expression “best before” means the date which signifies the end of the period nder any stated storage conditions during which the product shall remain fully marketable and shall retain any specific qualities for which tacit or express  claims have been made and beyond the date commodity may still be safe for consumption;

 

(b)the expression “Use by Date” means the date which signifies the end of the estimated period under any stated storage conditions after which the product shall not have the quality attributes normally expected by the consumers and after this date, the commodity should not be regarded as marketable.’;

 

(d) in clause (e), after the words “the retail sale price of the package;”, the following words and figures shall be inserted, namely:-

“shall clearly indicate that it is the maximum retail price inclusive of all taxes and the price in rupees and paise be rounded off to the nearest rupee or 50 paise;

Illustrations.- for declaration of retail sale price:

 

  • Maximum or Max. retail price Rs. or xx  (inclusive of all taxes), or
  • Maximum or Max. retail price Rs. or xx inclusive of all taxes, or
  • MRP Rs. or xx incl. of all taxes, or
  • MRP Rs. or xx (incl. of all taxes):”

 

(ii) after sub-rule (4), the following sub-rule shall be inserted, namely:-

“(4A) Nothing in this rule shall preclude a manufacturer or packer or importer to declare the following on the package, in addition to the mandatory declarations-

(a) Barcode or GTIN or QR Code;

(b) ‘e-code’ for net quantity assurance of the commodity and other required declarations, after obtaining the same in the manner as specified by the Central Government;

(c) logos of Government schemes, such as Swatch Bharat Mission, where such use is authorised by the Central Government.”;

(iii) after sub-rule (9), the following sub-rule shall be inserted, namely:-

“(10) An E-Commerce entity shall ensure that the mandatory declarations as specified in sub-rule (1), except the month and year in which the commodity is manufactured or

packed, shall be displayed on the digital and electronic network used for e-commerce transactions:

Provided that in case of market place model of e-commerce, responsibility of the correctness of declarations shall lie with the manufacturer or seller or dealer

or importer if,-

(a) the function of the e-commerce entity is limited to providing access to a communication system over which information made available by the manufacturer or seller or dealer or importer is transmitted or temporarily stored or hosted; or

(b) the entity does not-

(i) initiate the transmission;

(ii) select the receiver of the transmission; and

(iii) select or modify the information contained inthe transmission;

(c) the entity observes due diligence while discharging its duty as an intermediary under the Information Technology Act, 2000 and also observes such other guidelines as the Central Government may prescribe in this behalf: Provided further that there shall not be any protection to the market place e-commerce entity if,-

(a) the entity has conspired or abetted or aided or induced, whether by threats or promise of otherwise in the commission of the unlawful act;

(b) upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the entity is being used to commit the unlawful act, the entity fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner.

Explanation

.- For the removal of doubts it is hereby clarified that the provision of this sub -rule shall not provide exemption from the declarations required to be made under these rules on re-packaged commodities delivered to the consumers.”.

  1. In the said rules, in rule 7,-

(i) for sub-rule (2), the following sub-rule shall be substituted, namely:-

“(2) The height of any numeral and letter in the dclaration required under these rules shall be as per Table-I.”;

(ii) for sub-rule (3) , the following sub-rule shall be substituted, namely:-

“(3) The width of the letter or numeral shall not be less than one third of its height ,except in the case of numeral “1” and letters (i), ( I) and ( );”.

  • (iii) For the Table-I, the following table shall be substituted, namely:-

 

“Table-I

Serial Number Area of Principal display panel in square centimeters

(A)

Minimum height of numerals and letters in millimeters Minimum height of numerals and letters when blown, formed or molded on surface of container in millimeters
(1) (2) (3)
1 A  < 50 1.0 1.5
2 50 < A  < 100 1.5 3.0
3 100 < A  < 500 2.5 4.0
4 500 < A  < 2500 4.0 6.0
5 2500<A 6.0 6.0”;

 

 

  • Table II shall be omitted;

 

  • for sub-rules (4) and (5), the following sub-rules shall respectively, be substituted, –

“(4) The area not including the top, bottom, flange at top and bottom of cans, and shoulders and neck of bottle and jars shall be determined in the following manner, namely:-

 

  • in the case of a rectangular package, where one entire side can properly be considered to be the principal display panel side, the product of the height multiplied by the width of that side;

 

  • in case of a cylindrical or nearly cylindrical package, 40 per cent. of the product of the height of the package multiplied by the circumference;

 

  • in case of any other shaped package , 40 per cent. of the total surface of the package, or an area considered to be a principal display panel of the

 

(5) Except size of the numbers and letters for declaring net weight, retail sale price, date of expiry or best before or use  by date (wherever and as applicable) and consumer care details, the provisions under sub-rules (1) to (4) shall not apply to a package if the information to be specified on such package under this rule is also required to be given by or under any other law for the time being in force.”.

 

  1. In the said rules, in rule 9, in sub-rule (3), the following proviso shall be inserted, namely,-

“Provided that no such declarations on the inner package is required, if the outer package contains all declarations required under these rules.”.

 

  1. In the said rules, in rule 10, in the sub-rule 1,-
  • in the first proviso for the figures, words and letters “5 cubic cm or less”, the figures, words and letters “10 cubic cm or less” shall be substituted;
  • the explanation shall be numbered as Explanation 1 thereof, and after the Explanation, as so numbered the following

Explanation shall be substituted, namely:-

 

“Explanation 1.- In this sub-rule, ‘complete address’ means, the postal address at which the factory is situated or company or firm is registered, and, in any other case, the name of the street, number (if any) assigned to the premises of the manufacturer or packer or importer and the name of the city and State where the business is carried on by the manufacturer or packer or importer and the Postal Index Number [PIN] Code so that a consumer can identify and locate the manufacturer or packer or importer, as the case may be.”.

  1. In the said rules, in rule 18,-

 

(i) after sub-rule (1), the following sub-rule shall be inserted, namely:-

 

“(1A) The wholesale dealer shall be allowed to sell the pre-packaged commodities directly to the industrial and institutional consumers.”.

 

(i) after sub-rule (2), the following sub-rule shall be inserted, namely:-

 

“(2A) Unless otherwise specifically provided under any other law, no manufacturer or packer or importer shall declare different maximum retail prices on an identical pre-packaged commodity by adopting restrictive trade practices or unfair trade practices as defined under clause (c) of sub-section (1) of section 2 of the Consumer Protection Act, 1986 (68 of 1986).

 

  1. In the said rules, in rule 19,-

(a) in sub rule (4),-

  • in clause (a), for the words “the statistical average”, the words “the corrected average” shall be substituted;

 

  • for clause (b), the following clauses shall be substituted, namely:-

 

“(b) the number of packages that show an error in deficiency exceeding the maximum permissible error is greater than that shown in column 4 of Table under Fifth Schedule; or

 

  • any such package shows an error in deficiency exceeding twice the maximum permissible error;
  • the Director, Controller or the Legal Metrology Officer shall require the manufacturer or packer to make a cent per cent check of the packages contained in the lot and authorise sale, distribution or delivery of only such packages with error in deficiency in the net quantity less than the maximum permissible error and the remaining packages shall be allowed to be sold distributed or delivered by the manufacturer or packer after it has been repacked or relabeled, as the case may be, so as to comply with the provisions of the Act and these ”

 

  • sub-rule (5) shall be

 

  • for sub-rule (6), the following sub-rule shall be substituted, namely:-

“(6) A lot of packages shall be approved for sale if as a result of the test carried out under this rule, it is found that-

  • the corrected average net quantity of the sample packages is equal to or more than the declared net quantity;
  • the number of packages that show an error in deficiency exceeding the maximum permissible error is not more than that shown in column 4 of the Table under Fifth Schedule;
  • no package shows an error in deficiency exceeding twice the maximum permissible error;
  • every package bears thereon or on a label affixed thereto the declarations required to be made under these ”.
  1. In the said rules, for rule 20, the following rule shall be substituted, namely:-

“20. Action to be taken on completion of inspection of packages at the premises of the manufacturers or the packer.- (1) If it appears from the report referred to in sub-rule (3) of rule 19 that,-

  • the corrected average net quantity contained in the packages drawn as samples is lesser than the quantity declared on the package or the label affixed thereto; or
  • any such packages showing an error in deficiency exceeding the maximum permissible error is greater than the number specified in column 4 of the Table in the Fifth schedule; or
  • any package has error in deficiency exceeding twice the maximum permissible error; or
  • any such package does not bear thereon or on label affixed thereto the declarations to be made under these Rules; the Director, Controller, or the Legal Metrology Officer shall take following action, namely:-
  • seize the packages drawn by him as samples and take adequate steps for the safe custody of the seized packages until they are produced in the appropriate court as evidence;
  • based on the evidence initiate action for violations as per the provisions of the Act and these

(2) The disposal of the seized packages shall be done in accordance with the provisions of the Code of Criminal Procedure, 1973(2 of 1974).”.

  1. In the said rules, in rule 26,-
  • for clause (c), the following clause shall be substituted, namely:-

“(c) it contains scheduled formulations and non-scheduled formulations covered under the Drugs (Price Control) Order, 2013 made under section 3 of the Essential Commodities Act, 1955 (10 of 1955):

Provided that no exemption shall be applicable to medical devices declared as drugs.”.

  • clause (d) shall be
  1. In the said rules, for rule 32, the following rules shall be substituted, namely:- “32. Fine for contravention of –

Whoever contravenes any provisions of these rules, for which no punishment is provided, shall be punished with fine of five thousand rupees.

32A. Sum of compounding of offences.- The sum of compounding of offences committed under the Act shall be as specified in the following Table, namely:—

TABLE

 

 

 

Sr. No. Offence Compounding amount
(1) (2) (3)
If the application for compounding is by retailers  or wholesale dealers If the application for  compounding is by manufacturers or importers
1. Contravention of section 29 Rupees two thousand Rupees ten thousand
2. Contravention of sub-section (1) of section 36 Rupees five thousand Rupees twenty five thousand
3. Contravention of sub-section (2) of section 36 Rupees ten thousand Rupees fifty thousand

 

  1. In the said rules, in the Second Schedule, in column (3), against serial number 10, after figures and letter, “500g”, the figures and letters “550 g, 600 g, 650 g” and after figures and letters, “500ml”, the figures and letters “550 ml, 600 ml, 650 ml” shall respectively, be
  2. In the said rules, in the Fifth Schedule,-

(i) in item 1, for the Table, the following Table shall be substituted, namely:- “

Serial number Inspection lot size (1) Sample size (n)

(2)

Correction factor

( C )

(3)

Number of packages showing an error more than the maximum permissible error but less than twice the maximum permissible error

(4)

1. 100 to 500 50 0.379 3
2. 501 to 3200 80 0.295 5
3. More than 3200 125 0.234 7”.

 

  1. In the said rules, in the Sixth Schedule, in Part-II, after item no 7, the following items shall be inserted, namely:-

“8. Determination of mean or average net quantity or net volume.-

After determining the individual values of net quantity or net volume or length or number of the commodity contained in the package, as per the procedure outlined in item numbers 3 to 6 of this Part, the mean or average value shall be calculated by summing up the individual values (xi) and dividing it by the number of sample packages (n) taken for testing, by the formula-

 

Average Net value ) = ∑ xi / n .

 

9.  Determination of Standard deviation of values.-

The standard deviation (σ) of individual values [xi] is determined by the formula –

 

σ=  ; where ,

xi   = individual values of net quantity or net volume or length or number ,

= average or mean value of net quantity or net volume or length or number.

 

10.   Corrected average net quantity or net volume.-

The corrected average net quantity Xc is determined from the value of average net quantity  ] by using the formula – Xc         =          + (σ x C),       where C is the correction factor.”.

  1. In the said rules, in the Seventh Schedule,-

 

  • in Form A, in row B, relating to the commodity Classification, for the existing entries in column (2), the following entries in column (2) the following entries be substituted, namely:-

 

“Lot size:            Sample size:                Maximum permissible error (g)”

 

  • in Form B, in row B relating to the commodity Classification, for the existing entries in column (2), the following entries be substituted, namely:-

“Lot size:            Sample size:                   Maximum permissible error”