Introduction
The Legal Metrology Division of the Department of Consumer Affairs on October 13, 2022, has issued an order inviting public consultation for proposed amendments in the Legal Metrology (Packaged Commodities) Rules, 2011[1].
The Legal Metrology (Packaged Commodities) Rules of 2011 makes it mandatory to make declarations, including the name and address of the manufacturer/ packer/ importer, country of origin, common or generic name of the commodity, net quantity, date of manufacture, Maximum Retail Price (MRP), consumer care details on all pre-packaged commodities in the interest of consumers[2].
Also read Legal Metrology, Packaging and Labelling Laws In India
With a view to further safeguard the interest of consumers and to facilitate ease of doing business by reducing burden of regulatory compliances on industries, the abovementioned Amendments have been proposed.
| Provision | Prior Rule | New Rule | Legal Implications |
| Rule 2(ka) “Combination package” | No prior rule | “Combination package” means a package intended for retail sale, containing two or more individual packages, or individual pieces, of dissimilar commodities.
Example: A package containing dissimilar commodities such as spoons, knives, napkins, or the like, is a combination package. |
The amendment intends to bring clarity with respect to the term “combination package”. |
| Rule 2(kb) “Group package” | No prior rule | “Group package” means a package intended for retail sale, containing two or more individual packages, or individual pieces, of similar, but not identical commodities.
Example: A package containing dissimilar commodities such as spoons, knives, napkins, or the like, is a combination package. |
The amendment intends to bring clarity with respect to the term “group package”. |
| Rule 2(kc) “Multi-piece package” | No prior rule | “Multi-piece package” means a package containing two or more individual packaged or labelled commodities of identical quantity, intended for retail sale, either in individual pieces or the package as a whole.
Example: A package containing “50 tea bags net weight 1.5g each, total net weight 75g” is a multi-piece package. |
The amendment intends to bring clarity with respect to the term “multi-piece package”. |
| Rule 6 (1)(d) | The month and year in which the commodity is manufactured shall be mentioned in the package. | The month and year in which the commodity is manufactured or pre-packed or imported shall be mentioned in the package. | The amendment shall ensure that the month and year in which the commodity is pre-packed or imported shall also be mentioned on the package. |
| Rule 6(11) | No such proviso existed previously | The following proviso shall be inserted, “Provided also that declaration of unit sale price is not required for a combination package or a group package or a multi-piece package”. | The amendment clarifies that the provision providing for declaration of unit sale price shall not be required for a combination package or a group package or a multi-piece package. |
| Rule 26(f) proviso (iii) | “Sizes with internationally recognizable size indicators such as S, M, L, XL, XXL and XXXL along with details in metric notation in terms of cm or m, as the case may be”.
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“Size of the product in metric notation in terms of cm, or m, as the case may be or with internationally recognizable size indicators such as S, M, L, XL, XXL, XXXL along with details in metric notation in terms of cm, m, as the case may be”.
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No legal implication. |
| Rule 26 (g) | No prior rule | “It contains loose commodities ordered through e-commerce channels, where consumers are aware of the ordered commodity, its type and quantity.
Provided that these commodities shall bear the following: (i) Name and address of manufacturer/ marketer/ brand owner/ importer/ seller with country of origin or manufacture in case of imported products. (ii) Consumer care email id and phone number (iii) Retail sale price of the package inclusive of all taxes in Indian currency (iv) Net quantity, in terms of the standard unit of weight or measure, or where the commodity is sold by number, the number of the commodity.” |
The amendment excludes loose commodities ordered through e-commerce channels from the application of the provisions of the Rules. |
| Fourth Schedule serial number (11) | “Weight or volume” | “Weight or volume and if the net quantity is declared by volume, the net quantity shall also be declared by weight” | The amendment requires mentioning of both weight and volume, in cases where the net quantity is declared by volume with respect to edible oil, Vanaspati ghee, and butter oil. |
Comments/ suggestions are invited from all concerned stakeholders including industries, associations, consumers, voluntary consumer organizations, and other stakeholders on the draft amendments in the aforementioned Rules before October 28, 2022.
Now, it is to be seen if the abovementioned amendments undergoes any further changes after receipt of comments/ suggestions from the public and when these proposed amendments comes into force.
[2] Rule 6 of Legal Metrology (Packaged Commodities) Rules, 2011
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