Packaged Commodities Rules, 2011

The Legal Metrology (Packaged Commodities) Rules, 2011 has been framed under section 52(2)(j) and (q) of the Act and has, since, been amended several times, the latest being made under Notification bearing no. GSR 629(E) dated 23.06.2017. (To be applicable from 01.01.2018.)

Applicability of the Packaged Commodities Rules

When a commodity is placed in a package of whatever nature, whether sealed or not and has a pre-determined quantity and which was packed without the purchaser being present, comes within the purview of The Legal Metrology (Packaged Commodities) Rules.

Pre-packaged commodity has been defined under clause (l) of Section 2 of the Legal Metrology Act, 2009.

 
Criteria
  • A commodity is paced in a package, sealed or open. It is immaterial if the package is subsequently removed.
  • It was packed when the purchaser was not present to check the quantity packed.
  • The commodity has a predetermined quantity. It comes in some standard quantities or sizes.

The Packaged Commodities Rules are applicable in tandem with provisions of the Food Safety and Standards Act, the Seeds Act, Drug and Cosmetic Rules and State Excise Laws (including Rules made under those Acts).

A brief tour of the ist Amendment Rules of 2013

Definitations shifted

Previously, the terms "industrial consumer" and "institutional consumer" were defined under explanation to Rule 3. Now, they have been shifted to Rule 2 (Definitions) under items ((bb) and (bc) respectively. The definition of "institutional consumer" shall now read "means any institution which hires or avails of the facilities or service in connection with transport, hotels, hospitals or such other service institutions which buy packaged commodities directly from the manufacturer for use by that institution";

Proviso to Rule 2(k) on the definition of retail package has been omitted.

 
New Rule on LPG Cylinders

A new sub-rule, namely, Rule 18(8) has been introduced:
"(8) (1) All the marketing companies, manufacturers, packers, importers or distributors of Liquified Petroleum Gas cylinder shall maintain a check weigher or non-automatic weighing instrument, digital or analogue, of Accuracy class-III (Max. 50kg, e=10g) to check the weight of the Liquified Petroleum Gas cylinder.
(2) The marketing companies, manufacturers, packers, importers or distributors referred to in sub-rule (1), shall provide to the delivery man to measure or weigh the correct quantity of the Liquified Petroleum Gas cylinder.



New Rule on compounding of some offenses

A new sub-rule, namely, Rule 32(3) has been introduced:

Rule 32(3)(1) Quoting in non-standard units in packages (S. 29) 2000/10,000
Rule 32(3)(2) Failure to conform to the declaration on packages (S. 36(1)) 5000/25,000
Rule 32(3)(3) Error in net quantity beyond MPE (S. 36(2)) 10,000/25,000
Rule 32(3)(4) Selling of products beyond MRP 2000/5,000

Applicable to retailers/wholesalers/Applicable to manufacturers and importers



The Second Schedule is further amended to allow more packing options in certain items.

View The Revised Second Schedule, 2017