By Rupin Chopra and Apalka Bareja
Legal Metrology (Packaged Commodities) Amendment Rules, 2021- a Brief Background
The Ministry of Consumer Affairs, Food and Public Distribution vide its notification dated November 02, 2021 had notified the Legal Metrology (Packaged Commodities) Amendment Rules, 2021 as per which the following amendments were introduced and were to come in force from April 01,2022–
- Packaged grouped together for retail sales must comply with each mandatory declarations.
- The unit price is to be declared on package along with the MRP in Indian Rupees.
- Format prescribing the manner in which Unit price is to be declared on every package.
However, the aforementioned department vide its notification dated March 28, 2022 further amended the Legal Metrology (Packed Commodities) Rules, 2021. The said rules were to come into force on October 01, 2022 as per which the following amendments were to be effective-
- The unit sale price in rupees, rounded off to the nearest two decimal place, shall be declared on every pre-packaged commodities as follows:
- i) per gram where net quantity is less than one kilogram and per kilogram where net quantity is more than one kilogram;
- ii) per centimeter where net length is less than one metre and per metre where net length is more than one metre;
- iii) per milliliter where net volume is less than one litre and per litre where net volume is more than one litre;
- iv) per number or unit if any item is sold by number or unit:
Provided that for packages containing alcoholic beverages or spirituous liquor, the State Excise Laws and the rules made thereunder shall be applicable within the State in which it is manufactured.
Provided further that declaration of unit sale price is not required for the pre-packaged commodities in which retail sale price is equal to the unit sale price.
- 2. The Second Schedule which specifies the quantities of commodities by weigh, measure or number has been omitted.
- 3. No prosecution will be initiated against the manufacturer or packer or importer of pre-packaged commodities for making declaration with effect from April 01, 2022 in accordance with Legal Metrology (Packaged Commodities) Rules, 2021.
- 4. Further, the Ministry of Consumer Affairs, Food and Public Distribution, vide its notification dated September 30, 2022 had notified the Legal Metrology (Packaged Commodities) Amendment (Amendment) Rules, 2022. Wherein the said rules were amended and the date of implementation of Legal Metrology (Packed Commodities) Rules, 2021 was extended from October 1, 2022 to December 1, 2022.
The Ministry of Consumer Affairs, Food and Public Distribution, now, vide its notification dated November 30, 2022 has notified the Legal Metrology (Packaged Commodities) (Amendment) Rules, 2022.
The said rule further amends Rule 1, sub-rule (2), for the figures, letter and words- “1st day of December, 2022” and substitutes the same with “1st Day of January, 2023”.
The aforementioned thus implies that the amendments as prescribed in the Legal Metrology (Packaged Commodities) Rules, 2021 shall now be effective from January 01, 2023.