Amendments to Legal Metrology Packaged Commodities Rules, 2022 kick in; extends timeline to comply with new labelling requirements till 01.10.2022

(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

(aa) “Consumer” shall have the same meaning as assigned to it in clause (7) of section 2 of the Consumer Protection Act, 2019.

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, a label is securely affixed and 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) 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, a label is securely affixed and such declarations as are required to be made under these rules.

(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.

(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 :

2[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.]

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 packaged of the group shall comply with provisions of rule 6.

(3) Notwithstanding anything contained in the Second Schedule, the manufacturer 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.]

(1) Every package shall bear thereon or on the label securely affixed thereto, a definite, plain and conspicuous declaration made in accordance with the provisions of this chapter as, to –

( d) The month and year in which the commodity is manufactured or pre-packed or imported shall be mentioned in the package.

(e) the retail sale price of the package shall clearly indicate that it is the maximum retail price inclusive of all taxes and the price in rupees and paise be rounded off to the nearest rupee or 50 paise;

Illustrations.-for declaration of retail sale price:

(a) Maximum or Max. retail price Rs. or ` xx.xx (inclusive of all taxes), or

(b) Maximum or Max. retail price Rs. or ` xx.xx inclusive of all taxes, or

(c) MRP Rs. or ` xx.xx incl. of all taxes, or

(d) MRP Rs. or ` xx.xx (incl. of all taxes):

Not Present

(1) Every package shall bear thereon or on the label securely affixed thereto, a definite, plain and conspicuous declaration made in accordance with the provisions of this chapter as, to –

( d) The month and year in which the commodity is manufactured shall be mentioned in the package.

(e) the retail sale price of the package shall clearly indicate that it is the maximum retail price inclusive of all taxes in Indian Currency be rounded off to the nearest rupee or 50 paise;

Illustrations.-for declaration of retail sale price:

(a) Maximum or Max. retail price Rs. or ` xx.xx (inclusive of all taxes), or

(b) Maximum or Max. retail price Rs. or ` xx.xx inclusive of all taxes, or

(c) MRP Rs. or ` xx.xx incl. of all taxes, or

(d) In Indian Currency

(11) The unit sale price in rupees, rounded off to the nearest two decimal place, shall be declared on every pre-packaged commodities in the following manner, namely:-

(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 mililitre 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.

(5)    (ii) For items sold by number the symbol should be N or U.

(5) (ii) for items sold by number, the number or unit or piece or pair or set or such other words which represents the quantity in the package shall be mentioned.

(2A) Unless otherwise specifically provided under any other law, no manufacturer or packer or importer shall declare different maximum retail prices on an identical pre-packaged commodity by adopting restrictive trade practices or unfair trade practices as defined under clause (nnn) and clause (r), respectively] of sub-section (1) of section 2 of the Consumer Protection Act, 1986

(7) All retailers who are covered under the Value Added Tax VAT or Turn Over Tax (TOT) and dealing in packaged commodities whose net content declaration is by weight or volume or a combination thereof shall maintain a electronic weighing machine of at least accuracy class III, with smallest division of at least 1 g, with facility to issue a printed receipt indicating among other things, the gross quantity, price and the like at a prominent place in their retail premises, free of cost, for the benefit of consumers and the consumers may check the weight of their packaged commodities purchased from the shop on such machine.

(2A) Unless otherwise specifically provided under any other law, no manufacturer or packer or importer shall declare different maximum retail prices on an identical pre-packaged commodity by adopting restrictive trade practices or unfair trade practices as defined under clause (41) and clause (47), respectively of section 2 of the Consumer Protection Act, 2019.

(7) All retailers who are covered under the Good and Services Tax and dealing in packaged commodities whose net content declaration is by weight or volume or a combination thereof shall maintain a electronic weighing machine of at least accuracy class III, with smallest division of at least 1 g, with facility to issue a printed receipt indicating among other things, the gross quantity, price and the like at a prominent place in their retail premises, free of cost, for the benefit of consumers and the consumers may check the weight of their packaged commodities purchased from the shop on such machine.

(1) Unfair trade practices will now be defined under clause (41) and clause (47), respectively of section 2 of the Consumer Protection Act, 2019.

(2) Value Added Tax and Turn Over Tax will be replaced with Good and Services Tax.

(2) The Central Government may, after ascertaining the genuineness of a case stated in the application permit a manufacturer or packer or importer to pack or sell of the packages other than specified in the Second Schedule for a maximum period of one year by relaxing the rules.