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The Legal Metrology (Packaged Commodities) Rules, 2011

In exercise of the powers conferred by sub-section (1) read with clause (j) and (q) of sub-section (2) of section 52 of the Legal Metrology Act 2009, (1 of 2010), the Central Government hereby makes the following rules, namely:-

Chapter I

(1)

These rules may be called the Legal Metrology (Packaged Commodities) Rules, 2011.

(2)

They shall come into force on the 1st day of April, 2011.

In these rules, unless the context otherwise requires-

(a)

"Act" means the Legal Metrology Act 2009, (1 of 2010);

(aa)

“Consumer” shall have the same meaning as assigned to it in clause (d) of sub-section (1) of section 2 of the Consumer Protection Act, 1986 (68 of 1986); ||6||

(b)

"dealer" in relation to any commodity in packaged form, means a person who, or a firm 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;

(bb)

"industrial consumer" means the consumer who buys packaged commodities directly from the manufacturer or from an importer or from wholesale dealer for use by that industry and the packaged shall have declaration 'not for retail sale'; ||4|| ||4C||

(bc)

“institutional consumer” means the institution which buys packaged commodities bearing a declaration ‘not for retail sale’, directly from the manufacturer or from an importer or from wholesale dealer for use by that institution and not for commercial or trade purposes; ||4||  ||4C|| ||6||

(bd)

“E-commerce” means buying and selling of goods and services including digital products over digital and electronic network;  ||6||

(be)

“E-commerce entity” means a company incorporated under the Companies Act, 1956 or the companies Act, 2013 or a foreign company covered under clause (42) of section 2 of the Companies Act, 2013, or an office, branch or agency in India covered under sub-clause (ii) of clause (v) of section 2 of the foreign Exchange Management Act, 1999 (42 of 1999) owned or controlled by a person resident outside India and conducting e-commerce business;  ||6||

(bf)

“marketplace based model of e-commerce” means providing of an information technology platform by an ecommerce entity on a digital and electronic network to act as a facilitator between buyer and seller; ||6||

(c)

"lot" means-

 

(i)

in the case of packages which have been stored, the total number of such packages stored; and

 

(ii)

in the case of packages which are on or at the end of the packing line, the maximum hourly output of packages;

(d)

"manufacturer" in relation to any commodity in packaged form, means a person who or a firm which produces, makes or manufactures such commodity and includes a person or firm which puts, or causes to be put, any mark on any packaged commodity, not produced, made or manufactured by him or it, and the mark claims the commodity in the package to a commodity produced, made or manufactured by such person or firm as the case may be;

(e)

"Maximum permissible error", in relation to the quantity contained in an individual package, means an error in deficiency which, subject to the provision of these rules, does not exceed the limits specified in the First Schedule;

(f)

"net quantity", in relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package, excluding the packing or wrappers;

(g)

"packer" means a person who, or a firm which pre-packs any commodity, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale whether wholesale or retail;

(h)

"principal display panel", in relation to a package, means the total surface area of the package where the information required under these rules are to be given in the following manner, namely:-

 

(i)

all the information could be grouped together and given at one place; or

 

(ii)

the pre-printed information could be grouped together and given in one place and on line information grouped together in other place;

(i)

"quantity" in relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package;

(j)

"retail dealer" in relation to any commodity in packaged form means a dealer who directly sells such packages to the consumer and includes, in relation to packages as are sold directly to the consumer, a wholesale dealer who makes such direct sale to the consumer.

(k)

"retail package" means the packages which are intended for retail sale to the ultimate consumer for the purpose of consumption of the commodity contained therein and includes the imported packages:

 

Provided the for the purposes of "retail food package", the definition of the same contained in the rules or regulation made under the Food Safety and Standards Act, 2006 (34 of 2006) shall apply. ||4C||

 

Omitted ||4||

(l)

"retail sale", in relation to a commodity, means the sale, distribution or delivery of such commodity through retail sales shops, agencies or other instrumentalities for consumption by an individual or a group of individuals or any other consumer;

(m)

“retail sale price” means the maximum price at which the commodity in packaged form may be sold to the consumer inclusive of all taxes; ||6||

(n)

"section" means a section of the Act;

(o)

"Schedule" means a Schedule appended to these rules;

(p)

"standard package" means a package containing the specified quantity of a commodity;

(q)

"wholesale dealer" in relation to any commodity in packaged form means a dealer who does not directly sell such commodity to any consumer but distributes or sells such commodity through one or more intermediaries;

(r)

"wholesale package" means a package containing-

 

(i)

a number of retail packages, where such first mentioned package is intended for sale, distribution or delivery to an intermediary and is not intended for sale direct to a single consumer; or

 

(ii)

a commodity sold to an intermediary in bulk to enable such intermediary to sell, distribute or deliver such commodity to the consumer in similar quantities; or

 

(iii)

packages containing ten or more than ten retail packages provided that the retail packages are labeled as required under the rules.

(s)

words and expressions used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act.

Chapter II : Provisions Applicable to Packages Intended for Retail Sale

The provisions of this chapter shall not apply to-

(a)

packages of commodities containing quantity of more than 25 kilogram or 25 litre;

(b)

cement, fertilizer and agricultural farm produce sold in bags above 50 kilogram; and

(c)

packaged commodities meant for industrial consumers or institutional consumers.

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 bears thereon, or on a label is securely affixed thereto, 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 manufacturer's 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.

(1)

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:||3A||

 

Provided that if the Competent Authority under the Essential Commodities Act, 1955 (10 of 1955) fixed and notified the standard quantity of any essential commodity, the standard quantity of such essential commodities as fixed and notified shall prevail. ||5||

 

Omitted ||3||

(2)

When one or more packages intended for retail sale are grouped together for being sold as a retail package on promotional offer, every package of the group shall comply with provisions of rule 6. ||3A||

(3)

Notwithstanding anything contained in Second Schedule, the manufacture or importer may sell the value based package in terms of Rs.1/-, Rs.2/-, Rs.3/-, Rs.4/-, Rs.5/-, Rs.6/-, Rs.7/-, Rs.8/-, Rs.9/- and Rs.10/- after making the other declarations specified in rule 6. ||3A||