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STANDARDS OF WEIGHTS AND MEASURES PACKAGED COMMODITIES RULES, 1977
1) These rules may be called the Standards of Weights and Measures (Packaged Commodities) Rules, 1977.
(2) They shall extend to the whole of India.
2[(3) They shall apply to commodities in the packaged form which are, or are intended or likely to be—
(i) sold, distributed or delivered or offered or displayed for sale, distribution or delivery, or
(ii) stored for sale or for distribution or delivery,
in the course of inter-State trade and commerce.]
(4) They shall come into force on such date3 as the Central Government may, by notification, appoint and different dates may be appointed for,—
In these rules, unless the context otherwise requires,—
(a) “Act” means the Standards of Weights and Measures Act, 1976 (60 of 1976);
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(d) “dealer”, in relation to any commodity in packaged form, means a person who, or a firm or a Hindu undivided family which, carries on directly or otherwise, the business of buying, selling, supplying or distributing any such commodity whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes a commission agent who carries on such business on behalf of any principal, but does not include a manufacturer who manufactures any commodity which is sold or distributed in a packaged form except where such commodity is sold by such manufacturer to any other person other than a
The provisions of this Chapter shall not apply to,—
(a) packages of commodities containing quantity of more than 25 kg or 25 litre excluding cement and fertilizer sold in bags up to 50 kg; and
(b) packaged commodities meant for industrial consumers or institutional consumers.
Explanation.—For the purpose of this rule,—
(a) Institutional consumer.—Means those consumers who buy packaged commodities directly from the manufacturers/packers for service industry like transportation [including airways, railways], hotel or any other similar service industry.
(b) Industrial consumer.—Means those consumers who buy packaged commodities directly for the manufacturers/packers for using
The provisions of this Chapter shall apply to packages intended for retail sale and the
expression “package”, wherever it occurs in this Chapter shall be construed accordingly.
On and from the commencement of these rules, no person shall pre-pack, or cause or permit to be pre-packed any commodity for sale, distribution or delivery unless the package in which the commodity is pre-packed bears thereon, or on a label securely affixed thereto, such declarations as are required to be made under these rules.
The commodities specified in the Third Schedule shall be packed for sale, distribution or delivery in such standard quantities as are specified in that Schedule:
Provided that if a commodity specified in the Third Schedule is packed in a size other than that prescribed in that Schedule, a declaration that “Not a standard pack size under the Standards of Weights and Measures (Packaged Commodities) Rules, 1997” or “non-standard size under the Standards of Weights and Measures (Packaged Commodities) Rules, 1977” shall be made prominently on the label of such package.]
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1. Subs. by G.S.R. 425(E), dated 17th July, 2006, for rule 5 (w.e.f. 13-1-2007). Earlier rule 5 was amended by G.S.R. 760(E), dated 24th September, 2003 (w.e.f. 1-12-2003) and by G.S.R. 16(E), dated 12th January, 2005 (w.e
.—(1) Every package shall bear thereon or on a label securely affixed thereto, a definite, plain and conspicuous declaration, made in accordance with the provisions of this Chapter as to,—
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.
Explanation I.—If any name and address of a company is declared 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
(1)***
(2)***
(3) In the case of a package having a capacity of five cubic centimeters or less, the principal display panel may be a card or tape affixed firmly to the package or container and bearing the required information.
(4) The height of any numeral in the declaration required under these rules, on the principal display panel shall not he less than,--
(i) as shown in Table I if the net quantity is declared in terms of weight or volume.
(ii) as shown in Table II if the net quantity is declared in terms of length, area or number.
The height of letters in the declaration shall not be less than 1mm height. When blown, formed, moulded, embossed or perforated
[(1) Every declaration required to be made under these rules shall appear on the principal display panel:
Provided that the area surrounding the quantity declaration shall be free of printed information,
(a) above and below by a space equal to at least the height of the numeral in the declaration, and
(b) to the left and right by a space at least twice the height of numerals in declarations.]
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3[(6) For soft drinks, ready to serve fruit beverages or the like, the bottle which is returnable by the consumer for being refilled, the retail sale price may be indicated either on the crown cap, or on the bottle or on both. If the retail sale price is indicated on 4[the crown cap or the
.—(1) Every declaration which is required to be made on a package under these rules shall be,—
1[(a) legible and prominent,]
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4[(d) numerals of the retail sale price and net quantity declaration 5[***],]
and shall be printed, painted or inscribed on the package in a colour that contrasts conspicuously with the background of the label:
Provided that,—
6[(a) where any label information is blown, formed or moulded on a glass or plastic surface, such information need not be required to be presented in a contrasting colour;]
(b
.—(1) Subject to the provisions of rule 7, 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 with 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.
1) In declaring the net quantity of the commodity contained in a package, the weight of wrappers and materials other than the commodity shall be excluded:
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(2) Where a commodity in a package is not likely to undergo any variation in weight or measure, on account of the environmental conditions, the quantity declared on the package shall correspond to the net quantity which will be received by the consumer, and the declaration of quantity on such package shall not be qualified by the words “when packed” or the like.
(3) Save as otherwise provided in sub-rule (4), where a commodity in package is likely to undergo variations in weight or measure on account of environmental conditions and such variation is negligible, the declaration of quantity in relation to such package shall be made af
.—(1) The declaration of quantity shall be expressed in terms of such unit of weight, measure or number of 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 Fifth Schedule, the declaration of quantity shall be in terms of the unit of—
(a) mass, if the commodity is solid, semi-solid, viscos or a mixture of solid and liquid;
(b) length, if the commodity is solid by linear measure;
(c) area, if the commodity is solid by area measure;
(d) volume, if the commodity is liquid or is solid by cubic
.—(1) The units of weight, 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 m
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1. Rule 14 omitted by G.S.R. 521(E), dated 27th June, 1995 (w.e.f. 27-6-1995).
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.—(1) A combination package shall contain, in addition to the declaration required to be made under any other provisions of these rules, an indication of the net weight, measure or number, as the case may be, in respect of each commodity contained in the package and the sale price of the combination package.
(2) If individual pieces contained in the package do not carry retail sale price, it shall carry a declaration that they are not intended for retail sale.”
1. Rule 15 omitted by G.S.R. 425(E), dated 17th July, 2006 (w.e.f. 13-1-2007). Earlier rule 15 was amended by G.S.R. 246(E), dated 5th April, 1999 (w.e.f. 6-7-1999). Rule 15, before omission by G.S.R. 425(E), stood as
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.—(1) The additional declarations on a group package shall be expressed as follows:—
(a) the number of pieces of each commodity contained in such package, followed by the net weight, measure or number, as the case may be;
(b) the total number of pieces contained in the group package; and
(c) the sale price of the group package.
(2) If individual pieces contained in the package do not carry retail sale price, it shall carry a declaration that they are not intended for retail sale.”
1. Rule 16 omitted by G.S.R. 425(
.—(1) Every multi-piece package shall bear thereon, in addition to the declaration as required to be made under any other provisions of these rules, a declaration of,—
(a) the number of individual pieces of the commodity contained thereto;
(b) the sale price of the multi-piece package:
Provided that where individual pieces contained in a multi-piece package are packaged or labelled separately and are capable of being sold separately, each piece shall bear thereon a declaration as the quantity and the sale price thereof.
(2) If individual pieces contained in the package do not carry retail sale price, it shall carry a declaration that they are not intended for retail sale.”
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Where a package contains commodities like bed-sheets, hemmed fabric materials, dhoties, sarees, napkins, pillow-covers, towels, table clothes or similar other commodities, the number and the dimensions of finished size of such commodities shall also be declared on the package or on the label affixed thereto:
Provided that where the package contains more than one piece of different dimensions the package shall also contain a declaration as to the dimensions and the 1[retail sale price] of each such price:
Provided further that the dimensions of the commodities and the sale price thereof shall also be marked on each individual piece.
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1. Subs. by G.S.R. 511(E), dated 25th May, 1990 (w.e.f. 25-5-
Where the dimensions and weight, or combination thereof, of a commodity has or have a relationship to the price of that commodity, the declaration of quantity on the package containing such commodity, shall also include a declaration as to such dimensions, weight or combination.
In the case of a package containing sheets like aluminium, foil, facial tissues, waxed paper, toilet paper or any other type of sheet, the declaration of quantity on the package shall also include a statement as to the number of usable sheets contained in the package and the dimensions of each such sheet.
Commodities, such as bags, boxes, cups, pens or the like designed and sold in retail trade for being used as containers for other materials or objects, shall be labelled with the declaration of quantity as follows:—
(i) For bags-type commodities —In terms of the number of bags which the package may contain, followed by linear dimensions of the bags, whether packaged in a perforated roll or otherwise.
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(ii) For square, oblong, rectangular or similarly shaped container.—In terms of the number of containers which the package may contain, followed by length, width, and if required, depth of the container.
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(iii) For circular or generally round-shaped containers, not be
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1. Rule 22 omitted by G.S.R. 393(E), dated 23rd May, 1984 (w.e.f. 23-5-1984).
.—(1) No wholesale dealer or retail dealer shall sell, distribute, deliver, display or store for sale any commodity in the packaged form unless the package complies with, in all respects the provisions of the Act and these rules.
1[(2) No retail dealer or other person including manufacturer, packer and wholesale dealer shall make any sale of any commodity in packaged form at a price exceeding the retail sale price thereof.]
2[Explanation.-—For the removal of doubts, it is hereby declared that a sale, distribution or delivery by a wholesale dealer to a retail dealer or other person is a ‘retail sale’ within the meaning of this sub-rule.]
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4[(4) Where, after any commodity has been pre-packed, for sale, any tax payable in relation to such commo
.—(1) All retailers who are covered under the Value Added Tax (VAT) or Turn Over Tax (TOT) and dealing in packaged commodities whose net content declaration is by weight or volume or a combination thereof shall maintain an electronic weighing machine of at least accuracy Class III, with smallest division of at least 1 gm, with facility to issue a printed receipt indicating among other things, the gross quantity, price and the like at a prominent place in their retail premises, free of cost, for the benefit of consumers.
(2) The consumers may check the weight of their packaged commodities purchased from the shop on such balances as referred to in sub-rule (1).]
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1. Ins. by G.S.R. 425(E), dated 17th July, 2006 (w.e.f. 13-1-2007).
.—(1) With a view to ascertaining whether any package or 1[lot] of packages complies with the provisions of these rules in all respects, the Director or any other person authorised under section 29, hereafter referred to as in these rules as the “authorised person” may examine the packages and carry out the tests at the premises of the manufacturer or, where the manufacturer is not the packer, of the packer, and when he carries out such examination or tests, he shall draw samples from such 1[lot] of packages, in such matter and in such number as are specified in the Ninth Schedule and the tests aforesaid shall be carried out in accordance with the method specified in the Tenth Schedule.
(2) The Director or the authorised person shall enter in the Form set out in the Eleventh Schedule, the detailed results of the tests carried out by him under sub-rule (1) and shall obtain, on the
[(1) If it appears from the report referred to in sub-rule (3) of rule 24, that,—
(a) the statistical average of the net quantity contained in the packages drawn as samples under that rule is lesser than the quantity declared on the packages or on the labels affixed thereto, or
(b) any such package shows an error in deficiency greater than the maximum permissible error, or
(c) any such package does not bear thereon or on label affixed thereto the declarations to be made under these rules,
the Director or the authorised person shall take action as given below:—
(i) seize the packages drawn by him as samples and shall take adequate steps for the safe custody of the seized
.—(1) Ordinarily any test in relation to the net quantity contained in a package shall not be carried out at the premises of the retail dealer or the wholesale dealer, unless,—
(i) a complaint is received by the Director or the authorised person to the effect that the package sold or delivered to the complainant does not contain the quantity declared on such package or on the label affixed thereto;
(ii) the Director or the authorised person has reason to suspect that any package has been tampered with or that there has been any pilferage or leakage of the commodity contained in the package;
(iii) the Director or the authorised person has reason to suspect that any package, or any label affixed thereto, does not bear thereon all or any of the declarations which are
.—(1) The maximum permissible error in relation to the commodities specified in the First Schedule shall be such as is indicated in the corresponding entries in that Schedule against the concerned commodity and the maximum permissible error in relation to any commodity not specified in the First Schedule, shall be such as is specified in the Second Schedule:
Provided that the Director may establish the maximum permissible error in relation to any commodity not specified in the First Schedule, and on such establishment, the concerned commodity and the maximum permissible error in relation thereto shall be deemed to have been included in the First Schedule.
(2) The Director shall cause a co-ordinated programme to be undertaken at such places and in such manner as he may think fit for the establishment of the maximum permissible error in re
.—(1) If, on the determination of the quantity contained in the sample packages, the Director or the authorised person finds that the quantity contained in the package agrees with the declaration of the quantity made on the package or label thereon but the package is a deceptive package, he shall require the manufacturer or the packer as the case may be, to repack and relabel such package and in the event of the omission or failure on the part of the manufacturer or the packer, as the case may be, to repack or relabel such deceptive package, in accordance with the standards established by or under these rules, seize them, take appropriate punitive action in accordance with the Act and take adequate steps for the safe custody of such packages until they are produced in a court as evidence.
Explanation.—For the purpose of this rule, “deceptive package” means a package which is so de
Every wholesale package shall bear thereon a legible, definite, plain and conspicuous declaration as to,—
(a) the name and address of the manufacturer or where the manufacturer is not the packer, of the packer;
(b) the identify of the commodity contained in the package; and
1[(c) the total number of retail packages contained in such wholesale package or the net quantity in terms of standard units of weights, measures or number of the commodity contained in wholesale package:]
2[Provided that nothing in this rule shall apply in relation to a wholesale package if a declaration similar to the declaration specified in this rule, is required to be made on such wholesale packages by or under any other law for the time being in forc
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1. Rules 30 omitted by G.S.R. 425(E), dated 17th July, 2006 (w.e.f. 13-1-2007). Rules 30, before substitution, stood as under:
.—(1) In this Chapter, “export package” means a package intended for export.
(2) Every export package shall, notwithstanding anything contained in rule 6, bear on its principal display panel a legible and conspicuous declaration with regard to the following matters, namely:—
(i) it is intended for export;
(ii) the identity of the commodity contained in the export package and the net weight, measure or number of such commodity;
(
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1. Rules 31 omitted by G.S.R. 425(E), dated 17th July, 2006 (w.e.f. 13-1-2007). Rules 31, before substitution, stood as under:
Every export package shall also comply with the law, rules and regulations in force in the country to which such package is intended to be exported.”
An export package shall not be sold in India unless the manufacturer or packer has re-packed or
re-labelled the commodity in accordance with the provisions contained in Chapter II, and where any export package is sold in India without such re-packing or re-labelling, such package shall be liable to be seized in accordance with the provisions of the Act.
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.—(1) All pre-packaged commodities imported into India shall carry the following declarations,—
(i) Name and address of the importer,
Explanation I.—An importer is an individual, company or firm whose name figures in the bill of lading/import documents as the importer.
Explanation II.—For the purpose of these rules, the importer’s premises/address shall be taken as the manufacturer’s packer’s premises/address:
Provided that the importer shall also declare on the package, the name and address of the manufacturer if not already given on the package:
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Nothing contained in these rules shall apply to any package containing a commodity if,—
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2[(b) the net weight or measure of the commodity is ten grams or ten millilitre or less, if sold by weight or measure.]
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4[(d) any package containing fast food items packed by restaurant/hotel and the like;]
5[(e) 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).]
6[(f) agricultural farm produces in packages of above 50 kg.]
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.—(1) Every individual, firm, Hindu undivided family, society, company or corporation who or which pre-packs or imports any commodity for sale, distribution or delivery shall make an application, accompanied by a fee of 2[rupees five hundred], to the Director for the registration of his or its name and complete address; and every such application shall be made,—
(i) in the case of an applicant pre-packing or importing any commodity at the commencement of these rules, within ninety days from such commencement; or
(ii) in the case of any applicant who or which commences pre-packing or importing of any commodity after the commencement of these rules, within ninety days from the date on which he or it commences such pre-packing.
(2) Every application referred to in sub-rule (1)
.—(1) It shall be lawful for any manufacturer or packer to make an application to the Director for the registration of a shorter address, in addition to the complete address referred to in sub-rule (2) of rule 35.
(2) The Director may, if he is satisfied after inquiry that the shorter address is sufficient to enable the consumer or any other person to identify the manufacturer or the packer, register such shorter address.
(3) Where a shorter address is registered by the Director, it shall be lawful for the manufacturer or packer to state such shorter address on the label of each commodity pre-packed by him or it.
.—(1) The Director shall enter in a register, to be maintained by him for the purpose, the name and complete address of each manufacturer or packer by whom application for such registration has been made to him under rule 35.
(2) The register referred to in sub-rule (1) shall be open to the inspection of the public without payment of any fee.
The Director shall complete a State-wise list of the manufacturers and packers registered by him under rule 37 and shall circulate such list to the Controller of the concerned State to enable the Controller to take, or cause to be taken, samples at the premises of the manufacturer or, where the manufacturer is not the packer, of the packer.
.—(1) If any person contravenes the provisions of rule 6, or tampers with, obliterates or alters any declaration made on any package in accordance with these rules, he shall be punishable with fine, which may extend to two thousand rupees.]
1[(2) Whoever contravenes any provision of these rules, for the contravention of which no punishment has been separately provided either in the Act or in these rules, he shall be punished with fine which may extend to two thousand rupees.]
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1. Ins. by G.S.R. 59(E), dated 23rd February, 1980 (w.e.f. 23-2-1980).
The Central Government may, if satisfied, on the genuineness of the reasons stated in the application, permit a manufacturer/packer to pack for sale the packages on which corrective action are to be taken after a compounding or a court decision, for a reasonable period, relaxing any or all the provisions of these rules.]
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1. Added by G.S.R. 105(E), dated 2nd March, 1995 (w.e.f. 2-3-1995) and subs. by G.S.R. 594(E), dated 17th August, 1999 (w.e.f. 16-11-1999).
6[SCHEDULE I
MAXIMUM PERMISSIBLE ERRORS IN RELATION TO THE QUANTITY CONTAINED IN THE INDIVIDUAL PACKAGE
[Rule 2(i), (i)]]
Sl.No.
Description of commodity
Quantity declared
Maximum permissible error
1
2
3
4
1.
Biscuits
(i) Upto and equal to 500 g (ii)
[See Rule 2(i), (ii)]]
1. Maximum permissible error on net quantity declared by weight or volume,--
(1) The maximum permissible error, in excess or in deficiency, in the net quantity by weight or volume of any commodity not specified in the First Schedule, shall be as specified in Table (1)below:--
Sl.No.
Declared quantityg or ml
Maximum permissible error in excess or in deficiency As percentage of g or ml declared quantity
(i)
Upto 50
9 ..
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(Rule 5)
1. The following commodities shall be packed in such quantities by weight, measure or number as are specified in the corresponding entries against them.
Sl.No.
Commodities
Quantities in which to be packed
1
2
3
6[1.
Baby food
100g, 200g, 300g, 400g, 500g, 600g, 700g, 800g, 900g, 1 kg., 2kg., 5 kg., and 10 kg.
[See Rule 11(4)]
Declaration of quantity in relation to commodities (sold by weight or volume) which may be qualified by the words "When packed".
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Sl. No.
Name of commodity
--------------------------------------------------------------------------------
1.
All kinds of Soaps
2.
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[See rule 12(2)]
1. The following commodities in packaged form may be sold by weight, measure or number as shown against the commodity,--
TABLE
Sl. No.
Commodity
Whether declaration to be expressed in terms of weight, measures or number of two or more of them
1
2
3
1.
Aerosol Products
Weight
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1. The Sixth Schedule omitted by G.S.R. 425(E), dated 17th July, 2006 (w.e.f. 13-1-2007). The Sixth Schedule, before omission by G.S.R. 425(E), stood as under:
“THE SIXTH SCHEDULE
[See rule 13(5)]
The manner in which commodities intended to be sold by number shall be packed
Where any commodity is packed by number, such packing shall be made unless otherwise provided in these rules in the following manner, namely:—
(a) Where the number is less than ten, by the integral number;
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1. Seventh Schedule omitted by G.S.R. 521(E), dated 27th June, 1995 (w.e.f. 27-6-1995). Earlier the Seventh Schedule was subs.by G.S.R. 314(E), dated 12th March, 1994 (12-3-1994).
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1. Eighth Schedule omitted by G.S.R. 105(E), dated 2nd March, 1995 (w.e.f. 2-3-1995).
THE TENTH SCHEDULE
(See rule 24)
Part I—Equipments
1. Equipments required.—(1) The Director, or other person authorised by or under the Act, to determine the net quantity of commodity contained in any package, shall be
provided by the concerned Government with adequate equipments and facilities to carry out his work to the required degree of accuracy in an expedient and efficient manner.
(2) The equipments, referred to in sub-paragraph (1), shall ordinarily consist of working standard weights and balances, or any other weight or measure declared by the Director to be suitable for determining the net quantity contained in the
[Rule 24]
Part I
Equipments
1. Equipments required.--(1) The Director, or other person authorised by or under the Act, to determine the net quantity of commodity contained in any package, shall be provided by the concerned Government with adequate equipments and facilities to carry out his work to the required degree of accuracy in an expedient and efficient manner.
(2) The equipments, referred to in sub-paragraph (1), shall ordinarily consist of working standard weights and balances, or any other weight or measure declared by the Director to be suitable for determining the net quantity contained in the concerned package.
(3) The Director or authorised person shall, before determining the net quantity con
SCHEDULE XI
(Form A)
Weight Checking - Data Sheet
A. Name of Manufacturer/Packer Particulars of Package
Address Price Month \ Year
Lot size: Sample size:
B.
Commodity Schedule I/II
Classification Class A/B Maximum permissible error in Percentage
C
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