The Legal Metrology (Packaged Commodities) Rules, 2011

The Legal Metrology (Packaged Commodities) Rules, 2011

In a bid to change the Legal Metrology (Packaged Commodities) Rules, 2011, the Consumer Affairs Ministry invited comments on the proposed changes till 29 July 2024. The goal of the change was to require that important information about pre-packaged goods sold in stores that were bigger than 25 kilograms or 25 litres be made public. The goal of this move was to get rid of the current exemption for bulk packages and give customers more information.

About Legal Metrology (Packaged Commodities) Rules, 2011

India’s Legal Metrology Act of 2009 created the Legal Metrology (Packaged Commodities) Rules, 2011. These rules provided that pre-packaged goods must clearly show important details such as the net quantity, the manufacturing date, the expiration date, the highest retail price, and information on how to contact the company for customer service, etc. Online stores had to make sure that the same information could be found on their sites.

For added safety, these rules stated that the statement on packages had to be clear and easy to read. It was against the rules to use non-standard units, and the rules required specific statements, like the name and address of the manufacturer, packer, and importer.

While certain provisions were applicable to all packaged commodities, there were certain rules that did not apply to certain kinds of commodities. Chapter II of the Rules dealt with packages that were meant for retail sale; these provisions were not applicable for products meant for institutional or industrial consumers, i.e., those institutions that directly purchased from the manufacturer for use by the said institution or consumers who bought the products directly from the manufacturer for use in that industry.

People who broke these rules would deal with fines and civil action. The rules also gave customers the power to file complaints, which showed a dedication to openness and customer rights.

Provisions of the Rules

1. Chapter II – Provisions Applicable to Packages Intended for Retail Sale: This chapter provided that all product packages, to which the Packaging Rules applied, were required to bear certain declarations on their principal display panel.
2. Regulation for pre-packing and sale etc. of commodities in the packaged form [Rule 4]
3. Specific commodities to be packed and sold in recommended standard packages [Rule 5]
4. Declarations that needed to be made on every package [Rule 6]
5. Principal display panel-its area, size and letter etc. [Rule 7]
6. Declaration where to appear [Rule 8]
7. The manner in which declaration should be made [Rule 9]
8. Declaration of name and address of the manufacturer, etc. [Rule 10]
9. General provisions relating to declaration of quantity [Rule 11]
10. The manner in which declaration of quantity should be [Rule 12]
11. Declarations with regard to dimensions of certain commodities [Rule 14]
12. Declaration with regard to dimensions and weight to be made on packages in certain cases [Rule 15]
13. Declarations were to be made with regard to the number of usable sheets to be stated [Rule 16]
14. Declarations with regard to the dimensions of container-type commodities [Rule 17]
15. Provisions relating to wholesale dealers and retail dealers [Rule 18]
16. Chapter III – Provisions Applicable to Wholesale Packages: This chapter provided declarations applicable to be made on every wholesale package [Rule 24]
17. Chapter IV – Export and Import of Packaged Commodities: This chapter provided for restrictions on the sale of export packages in India [Rule 25]
18. Chapter VI – Registration of Manufacturers and Packers: This chapter provided for registration of manufacturers, packers, and importers, registration of manufacturers and packers, registration of shorter addresses permissible, and compilation of lists of manufacturers or packers and their circulation.
19. Registration of manufacturers, packers, and importers [Rule 27]
20. Registration of shorter address permissible [Rule 28]

Proposed Changes Explained

At the moment, important information like the maximum retail price (MRP), best before date, manufacturer information, and country of origin were not needed on bulk-packed things that were meant to be sold.

The new plan supported putting this important information on all pre-packaged goods meant for retail, no matter how big or small they were. In this way, the government hoped to give people clear and easy-to-find information that would help them make smart buying choices.

Scope and Impact

The suggested rules would require all manufacturers, packers, and importers of pre-packaged goods that were going to stores to label them completely. It was noted that these changes would only affect markets for consumer goods. They would not affect markets for goods used in businesses or institutions.

Businesses would probably have better rules after these rules were put in place. This could help avoid misunderstandings and legal problems.

Public Participation and Timeline

To make sure that everyone had a chance to be a part of this regulatory process, the Ministry gave the public until 29 July 2024 to comment on the planned change. With this method, stakeholders and the public could give their opinions and concerns, which could help make the proposed changes even better before they were finalised.

Legal Metrology Act, 2009

In today’s complex marketplace, ensuring fair trade practices and protecting consumer rights were vital elements for any thriving economy. In India, the Legal Metrology Act of 2009 stood as a crucial legislation that aimed to establish transparency, accuracy, and uniformity in weights, measures, and packaging of goods. The Act, along with its subsequent rules and regulations, created a strong framework to safeguard the interests of consumers and promote equitable business practices.

Enacted on 13 January 2010 by the Government of India, the Legal Metrology Act, 2009 replaced the Standards of Weights and Measures Act, 1976, and the Standard Weights and Measures (Enforcement) Act, 1985. The Act came into effect on 1 April 2011.

The Act contained 5 chapters and 57 Sections, stipulating that the base units of weights and measures specified in the Act should be standard units of weights and measures throughout India.

The Weights and Measures Unit of Legal Metrology was a division managed under the Ministry of Consumer Affairs, Food, and Public Distribution’s Department of Consumer Affairs, Government of India. In India, the authority and duty to maintain weights and measures rules, regulations, and proper implementation of weights and measures lay on both the Centre and the States. Matters of National Policy and other related functions such as uniform laws on weights and measures, technical regulations, training, precision laboratory facilities, and implementation of the International Recommendation were the concern of the Central Government. In addition, it had to guide, coordinate, and supervise the enforcement activities of the state enforcement machinery. The State Governments and Union Territory Administration were responsible for the day-to-day enforcement of the laws.

Applicability of the Act

Legal metrology provisions applied to the following:

1. Individuals that used any weight or measure in any transaction, industrial production, or protection.
2. Manufacturer, retailer, wholesaler, dealer, repairer of any weight or measure, importer and/ or packer of any weight, measure, or number-related item.

Objectives of the Legal Metrology Act

1. To govern weights and measure trade and commerce.
2. To establish and enforce weight and measurement standards.

• Weights, measurements, or numbers were used to govern the manufacturing, sale, and usage of items.

1. To rationalise the Indian Metric system (metre, kilogram, etc.).

Important Definitions in the Act

1. Dealer: Dealer in relation to any weight or measure, meant a person who carried on, directly or otherwise, the business of buying, selling, supplying or distributing any such weight or measure, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration and included a commission agent, an importer, a manufacturer, who sold, supplied, distributed or otherwise delivered any weight or measure manufactured by him to any person other than a dealer.
2. Label: Label meant any written, marked, stamped, printed or graphic matter affixed to or appearing upon any pre-packaged commodity.
3. Manufacturer in relation to any weight or measure meant a person who:
   1. Manufactured weight or measure.
   2. Manufactured one or more parts, acquired other parts, of such weight or measure and, after assembling those parts, claimed the end product to be a weight or measure manufactured by himself or herself.
   3. Did not manufacture any part of such weight or measure but assembled parts thereof manufactured by others and claimed the end product to be a weight or measure manufactured by himself or herself.
   4. Put, or caused to be put, his own mark on any complete weight or measure made or manufactured by any other person and claimed such product to be a weight or measure made or manufactured by himself or herself.
4. Pre-packaged commodity meant a commodity which was placed in a package without the presence of the purchaser, whether sealed or not so that the product contained in it had a predetermined quantity.
5. Packer meant a person who, or a firm which pre-packed any commodity, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale whether wholesale or retail.

Provisions of the Act

1. Chapter II – Standard Weight or Measure: This chapter provided that the standard weight or measure would be any weight or measure that conformed to the standard unit of such weight or measure. This standard was based on the metric system and also conformed to the provisions of Section 7.
2. Units of weights and measures to be based on metric system [Section 4]
3. Base unit of weights and measures [Section 5]
4. Base unit of numeration [Section 6]
5. Standard units of weights and measures [Section 7]
6. Standard weight, measure or numeral [Section 8]
7. Reference, secondary and working standard [Section 9]
8. Use of weight or measure for particular purposes [Section 10]
9. Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure or numeration [Section 11]
10. Any custom, usage, etc., contrary to standard weight, measure or numeration to be void [Section 12]
11. Chapter III – Appointment and Powers of Director, Controller, and Legal Metrology Officers: This chapter provided for the appointment of the controller and other legal metrology officers, pre-packaged commodities declaration, approval of model, licence, registration for the importer of weight or measure, and prohibition of non-standard weights and measures to be imported, among others.
12. Manufacturers, etc., to maintain records and registers [Section 17]
13. Declarations on pre-packaged commodities [Section 18]
14. Registration for importer of weight or measure [Section 19]
15. Non-standard weights and measures not to be imported [Section 20]
16. Approval of model [Section 22]
17. Prohibition on manufacture, repair or sale of weight or measure without licence [Section 23]
18. Chapter IV – Verification and Stamping of Weight or Measure [Section 24]: This chapter provided that the central government would specify the weights and measurements that had to be verified by Government Approved Test Centres. The central or state governments would notify the Test Centres.

Administrative Roles

The Directorate of Legal Metrology in each State was in charge of enforcing the Legal Metrology Act. The Directorate was essentially a three-tier organisation of:

1. The Inspector of Legal Metrology at the field level,
2. Assistant Controllers of Legal Metrology at the district level, and,

• The Controller of Legal Metrology with four Deputy Controllers sitting at the State level.

Penalties

Offences relating to weights and measures were punished with fine or imprisonment or with both depending on the offence committed. A few common illegal activities and their penalties were:

1. Altering the weights and measures of the products was punished with a fine extending up to Rs 50,000. On the second or subsequent offence, imprisonment for a term not less than 6 months, extending up to 1 year or with fine or both. [Section 26]
2. Manufacturing or sale of non-standard weights or measures was punished with fine up to Rs 20,000 or imprisonment extending up to 3 years on second or subsequent offence or both. [Section 27]
3. Demanding or receiving any article or thing on service that was in excess or less than the quantity specified by contract or agreement was punished with a fine extending up to Rs 10,000. On second or subsequent offence, imprisonment extending up to 1 year or with fine or both. [Section 30]
4. Sale or delivery of commodities, etc. by non-standard weight or measure was punished with a fine not less than Rs 2000 extending up to Rs 5000. On second or subsequent offence, imprisonment for term not less than 3 months extending up to 1 year, or with fine, or both. [Section 34]
5. Selling, etc., of non-standard packages was punished with a fine up to Rs 25,000. On second offence extending up to Rs 50,000, for subsequent offence, with fine not less than Rs 50,000 extending up to Rs 1,00,000 or with imprisonment for a term extending to 1 year or with both. [Section 36 (1)]
6. Manufacturing or packing or importing with error in net quantity was punished with imprisonment for a term extending up to 1 year or with fine extending up to Rs 10,000 or both. [Section 36(2)]
7. Sale of any commodity in packed form at a price exceeding the Maximum Retail Price was punished with fine up to Rs 2,000 [Rule 32(2) of Legal Metrology (Packaged Commodities) Rules, 2011]
8. Destroying or erasing to alter the MRP indicated by the manufacturer or packer or importer was punished with a fine of Rs 2,000. [Rule 32(2) of Legal Metrology (Packaged Commodities) Rules, 2011]

Filing of Complaints and Appeal

As consumers, complaints could be lodged against individuals who used any weight or measure that contravened standards, in any transaction, industrial production, or protection (i.e., against a manufacturer, retailer, wholesaler, dealer, repairer of any weight or measure, importer, and/or packer of any weight, measure, or number-related item) to the District Legal Metrology Officer or the Commissioner of the respective States.

Aggrieved persons could file a complaint through the online platform, which would be forwarded to the appropriate officer for grievance redressal. Complaints could also be registered by call or through SMS.

When such individuals against whom the complaint was filed and given the legal notice did not agree with the charges or decisions of lower authority, they could seek reconsideration or review under Section 50 of Legal Metrology Act, which provided for appeal to higher authority. Appeal from the lower authority was to be done within 60 days from the date of order or decision issued by the previous officer.

An appeal under Section 50 of Legal Metrology Act was as follows:

• The person not agreeing with the charges to the legal notice issued by the Inspector/Officer of legal metrology of any violation or wrong against the Act, could appeal against the order or decision of the Officer to the Director of Legal Metrology.
• Decisions from the Director of Legal Metrology, or Controller of Legal Metrology under delegated powers of Director Legal Metrology, were appealed to the Central Government.
• In case there was no compounding of offence, or no appeal was filed to the controller or the State Government, the legal metrology officer could file the case in the Court and initiate legal proceedings. The decision then lay in the Court if the punishment given by the officer was to be upheld or rejected.

Licensing Requirements Under The Act

Any weights or measurements had to be validated before being used in a transaction. The weights and measures that had to be confirmed by Government Approved Test Centers were determined by the Central Government. The test centres were informed by the Central and State Governments.

Section 19 of the Act mandated every person who imported any Weight and Measure to register with the Director of Legal Metrology as an importer. Such holder of certificate as an importer had to ensure that the Model of weight or measure imported was approved by the Central Government before sale in India.

Section 23 of the Act prohibited any manufacturer, repairer, or dealer from manufacturing, repairing, or selling such weights or measures without a licence from the Controller of Legal Metrology Read more information click Here