LEGAL METROLOGY (PACKAGED COMMODITIES) RULES, 2011
(1) These rules may be called The Legal Metrology (Packaged Commodities) Rules, 2011.
(2) They shall come into force on the 1st day of March, 2011.
In these rules, unless the context otherwise requires-
(a) Act means the Legal Metrology Act 2009, (1 of 2010);
(b) 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 dealer ;
(c) lot means
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,-
i) institutional consumer means the institutional consumer like transportation, Airways, Railways, Hotels, Hospitals or any other service institutions who buy packaged commodities directly from the manufacturer for use by that institution.
ii) industrial Consumer means the industrial consumer who buy packaged commodities directly from the manufacturer for use by that industry.
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, a label is securely affixed and such declarations as are required to be made under these rules.
Explanation.- The existence of packages without the declaration of retail sale price within the manufacturers premises shall not be construed as a violation of these rules and it shall be ensured that all packages leaving the premises of manufacturer for their destination shall have declaration of retail sale price on them as required in this rule.
The commodities specified in the Second Schedule shall be packed for sale, distribution or delivery in such standard quantities as are specified in that Schedule :
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(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 appea
(1) 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 and shall bear the required information.
(2) The height of any numeral in the declaration required under these rules, on the principal display panel shall not be 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.
(3) The height of letters in the declaration shall not be less than 1 mm height and when blown, formed, molded, embossed or perforated, the height of letters shall not be less than 2 mm.
Provided
(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 from 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 numeral in the declaration.
(2) For soft drink, 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 and if the retail sale price is indicated on the crown cap or the bottle, it is sufficient to indicate the retail sale price in the form o
(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 hand-script, such declaration shall be clear, unambiguous and legible.
(2) No d
(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.
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(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.--
(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 of the commodity as declared on the package, 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 suc
(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
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(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.
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Where a package contains commodities like bed-sheets, hemmed fabric materials, dhoties, sarees, napkins, pillow-covers, towels, table cloths 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 retail sale price of each such piece:
Provided further that the dimensions of the commodities and the sale price thereof shall also be marked on each individual piece.
Where the dimensions and weight, or combination thereof, 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 aluminum 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.
The commodities shall be expressed as bags, boxes, cups, pans or the like designed and sold in retail trade for being used as containers for other materials or objects and shall be labeled with the declaration of quantity as follows.--
(i) for bag-type commodities, the number of bags which the package may contain, followed by linear dimensions of the bags, whether packaged in a perforated roll or otherwise;
(ii) for square, oblong, rectangular or similarly shaped containers, the number of containers which the package may contain, followed by length, width, and if required, depth of the container.
(iii) for circular or generally round-shaped containers, not being cups or the like the number of commodities contained therein followed by diameter and, if necessary, depth of the container.
(1) No wholesale dealer or retail dealer or importer 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.
(2) No retail dealer or other person including manufacturer, packer, importer and wholesale dealer shall make any sale of any commodity in packed form at a price exceeding the retail sale price thereof.
(3) Where, after any commodity has been pre-packed for sale, any tax payable in relation to such commodity is revised, the retail dealer or any other person shall not make any retail sale of such commodity at a price exceeding the revised retail sale price, communicated to him by the manufacturer, or where the manufacturer is not the packer, the packer, and it shall be, the duty of the manufacturer or p
(1) With a view to ascertaining whether any package or lot of packages complies with provisions of these rules in all respects, the Director, Controller or any Legal Metrology Officer empowered to inspect under section 15 of the Act (hereafter referred to as in these rules) the authorized 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 lot of packages, in such manner and in such number as are specified in the Fifth Schedule and the tests aforesaid shall be carried out in accordance with the method specified in the Sixth Schedule.
(2) The Director, Controller or any Legal Metrology Officer shall enter in the Form set out in the Seventh Schedule, the detailed results of the tests carried out by him un
(1) If it appears from the report referred to in sub-rule (3) of rule 19 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 any such package shows an error in deficiency greater than the maximum permissible error, or
(b) any such package does not bear thereon or on label affixed thereto the declarations to be made under these rules, the Director, Controller or any Legal Metrology Officer shall take action the following action, namely:-
(i) seize the packages drawn by him as samples and shall take adequate steps for the safe custody of the seized packages until they are produced in the appropriate court as evidence;
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(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- a complaint is received by the Director or Controller or any Legal Metrology Officer who 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 packages and any package, or any label affixed thereto, does not bear thereon all or any of the declarations which are required to be made under these rules.
(2) Where any test is carried out in pursuance of the provisions of sub-rule (1), the Director, Controller or any Legal Metrology Officer shall verify whether the quantity contained in the package corresponds to the quantity declared on such packages or any label affixed thereto and where quantity contained in package is less
(1) The maximum permissible error in relation to the commodities shall be such as is indicated in the First Schedule.
(2) While establishing the maximum permissible error in relation to the net quantity of commodities contained in packages, due account shall be taken of the following causes which may lead to variation in quantity, namely:-
(a) variations caused by unavoidable deviation in weighing, measuring or counting the contents of individual packages that may occur in good packaging practice;
(b) variations caused by the ordinary and customary exposure to conditions, such as, climate, transport, storage or the like that normally occur in good distribution practice after the commodity is introduced in trade or commerce; and
(c) variations due to
(1) If, on the determination of the quantity contained in the sample packages, the Director or Controller or the Legal Metrology officer the authorized 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 re-label 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 re-label 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, 'decepti
Every wholesale package shall bear thereon a legible, definite, plain and conspicuous declaration as to
(a) The name and address of the manufacturer or importer or where the manufacturer or importer is not the packer, of the packer;
(b) the identity of the commodity contained in the package; and
(c) the total number of retail package 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;
Provided that nothing in this rule shall apply in relation to a wholesale package if a declaration similar to the declarations specified in this rule, is required to be made on such wholesale packages by or under any other law for the time being in force.
An export package shall not be sold in India unless the manufacturer or packer has re-packed or relabeled 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-labeling, such package shall be liable to be seized in accordance with the provisions of the Act.
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;
(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'.
(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 rupees five hundred, to the Director or the Controller 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 thirty days from the date on which he or it commences such pre-packing.
(2) Every application referred in sub-rule (1) shall con
(1) It shall be lawful for any manufacturer or packer to make an application to the Director or the Controller for the registration of a shorter address, in addition to the complete address referred to in sub-rule (2) of rule 27.
(2) The Director or the Controller 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 or the Controller, 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 or the Controller 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 27.
(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 or the Controller shall compile a State-wise list of the manufacturers and packers registered by him under rule 29 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) Any advertisement mentioning the retail sale price of the pre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package.
(2) The font size of the net quantity in the advertisement shall be same as that of retail sale price.
(1) Whoever contravenes the provisions of rules 27 to 32, 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 either in the Act or in the rules he shall be punished with fine of two thousand rupees.
The Central Government may, after ascertaining the genuineness of the compounding of a case or Court decision stated in the application, 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.
(1) The Standards of Weights and Measures (Packaged Commodities) Rules, 1977 are hereby repealed.
Provided that such repeal shall not affect:
(a) the previous operations of the said rules or anything done or omitted to be done or suffered therein; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said rules; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said rules; or
(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid.
And any such investigation, legal pr
THE FIRST SCHEDULE
[See Rule 2(e)]
1. Maximum permissible errors 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 shall be as specified in Table I below:-
TABLE-I
Maximum permissible errors on net quantities declared by weight or by volume
Sl. No. Declared quantity g or ml Maximum permissible error r in excess or in deficiency
As percentage of declared quantity g or ml
(i) up to 50 9 -
(ii) 50 to 100 - 4.5
THE SECOND SCHEDULE
(See rule 5)
Commodities to be packed in specified quantities
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.
1. Baby food 100g, 200g, 300g, 400g, 500g, 600,g, 700 g, 800 g, 900g, 1 kg, 2 kg, 5 kg and 10 kg.
2. Weaning food. 100g, 200g, 300g, 400g, 500g, 600g, 700g, 800g, 900g, 1 kg, 2 kg, 5 kg and 10 kg.
3. Biscuits 25g, 50g, 75g, 100g, 150g, 200g, 250g, 300g and thereafter in multiples of 1
THE THIRD SCHEDULE
(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
Sl. No. Name of commodity
1. All kinds of Soaps
2. Lotions
3. Cream (other than cream of milk)
THE FOURTH SCHEDULE
(See Rule 12(2))
Exceptions referred to in 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 or two or more of them
1. 2. 3.
1. Aerosol Products Weight
2. Acids in liquid form Weight or volume
3. Compressed or liquefied gas(but not liquefied petroleum gas) Weight and equivalent volume at stated temperature and pressure
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THE FIFTH SCHEDULE
(See Rule 19)
Manner of Selection of Sample Packages
1. For determination of the net quantity for any commodity contained in a package, the sample size shall be such as is specified in the corresponding entry column 2 of the Table below against the lot size specified in Column 1 of the said Table.
Lot Size Sample Size
(1) (2)
Less than 4000 32
More than 4000 80
2. The sample shall be selected at random in accordance with the manner specified in paragraphs 3 and 4.
3. Where, for the determination of the net qua
THE SIXTH SCHEDULE
(See Rule 19)
Determination of the Net Quantity of Commodities in Packages
Part-I - Equipment
1. Equipments required-
(1) The Director, Controller or any Legal Metrology Officer authorized 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 suita
THE SEVENTH SCHEDULE
Form A
Weight Checking Data Sheet
A
Particulars of Package Name of Manufacturer/ Packer
Address Price Month Year
B
Commodity Classification Lot Size: Sample Size:
Schedule First/ Second
Class A/ B
Maximum permissible error in percentage
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