The Legal Metrology (Packaged Commodities) Rules, 2011.

74311be8d8f41329be61117f891a08ecbde02e83 · 2009 · State unknown

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Parent: THE LEGAL METROLOGY ACT, 2009 (6c47b40e9fd21d66ece8bfff8559412f60fc57c4)

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The Legal Metrology (Packaged Commodities) Rules, 2011. NOTIFICATION 7 th March 2011 GSR 202 (E) --- 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:- 1. Short title and Commencement.- (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. 2. Definitions:- In these rules, unless the context otherwise requires- (a) “Act” means the Legal Metrology Act 2009, (1 of 2010); (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 ; (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, 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 mar

Rule TOC

1 · Short title and Commencement.-

2 · Definitions:-

3 · Applicability of the Chapter-

4 · Regulation for pre-packing and sale etc. of commodities in packaged form. –

5 · Specific commodities to be packed and sold in recommended standard packages. -

6 · Declarations to be made on every package. –

7 · Principal display panel-its area, size and letter etc.-

8 · Declaration where to appear.-

9 · Manner in which declaration shall be made.-

10 · Declaration of name and address of the manufacturer, etc.-

11 · General provisions relating to declaration of quantity.—

12 · Manner in which declaration of quantity shall be.—

13 · Statement of units of weight, measure or number.-

14 · Declarations with regard to dimensions of certain commodities.-

15 · Declaration with regard to dimensions and weight to be made on packages in certain cases.-

16 · Declarations to be made with regard to the number of usable sheets to be stated.In the case of a package containing sheets like aluminum foil, facial tissues, waxed paper, toilet paper or any other type of sheet, the declaration of quantity on the package shall also include a statement as to the number of usable sheets contained in the package and the dimensions of each such sheet.

17 · Declarations with regard to the dimensions of container type commodities.--

18 · Provisions relating to wholesale dealer and retail dealers.-

19 · Inspection of quantity and error in packages at the premises of the manufacturer or packer.—

20 · Action to be taken on completion of inspection of packages at the premises of the manufacturer or the packer.-

21 · Inspection of quantity and error in packages at the premises of the wholesale dealer or retail dealer

22 · Establishment of maximum permissible error on package.-

23 · Deceptive packages to be repacked or in default to be seized.-

24 · Declarations applicable to be made on every wholesale package

25 · Restrictions on sale of export packages in India.-

26 · Exemption in respect of certain packages.-

27 · Registration of manufacturers, packers and importers.-

28 · Registration of shorter address permissible.-

29 · Registration of manufacturers and packers, etc.-

30 · Compilation of lists of manufacturers or packers and their circulation. –

31 · (1) Any advertisement mentioning the retail sale price of the pre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package.

32 · Penalty for contravention of Rules

33 · Power to relax:

34 · Repeal and savings.-

1 · Maximum permissible errors on net quantity declared by weight or volume.-

5 · kg and 10 kg.

100g · and there after in of multiples 100g.

25 · g, 50 g, 100 g, 200 g, 500 g, 1 kg, 2 kg, 5 kg, and thereafter in

25 · g, 50 g, 100 g, 200 g, 500 g, 1 kg and thereafter in multiples of 1 kg.

50 · g, 100 g, 200 g, 500 g, 1 kg, 2 kg, 3 kg, 5 kg and thereafter in

2 · 3.

1 · Aerosol Products Weight

2 · Acids in liquid form Weight or volume

3 · Compressed or liquefied Weight and equivalent volume gas (but not liquefied petroleum gas) at stated temperature and pressure

4 · Curd Weight

5 · Electric Cables Length or weight

6 · Electric wire Length or weight

7 · Fencing wire Number or weight

8 · Fruits, all kinds Number or weight

9 · Furnace oil Weight or volume

10 · Non edible vegetable oil Weight or volume

11 · Edible oil, Vanaspati Weight or volume ghee and butter oil

12 · Heavy residual fuel oil Weight

13 · Industrial diesel fuel Volume

14 · Honey, malt-extract, Weight golden syrup treacle

1 · For determination of the net quantity for any commodity contained in a package, the sample size shall be such as is specified in the corresponding entry column 2 of the Table below against the lot size specified in Column 1 of the said Table.

1 · Equipments required-

2 · Working standards to be ordinarily used.-(1) Ordinarily, working standards and other weights and measures, duly verified shall be used for determining the net quantities contained in packages and the errors, if any, in relation to the net quantity declared on the package.

3 · (1) If empty tare packages are available, one such package shall be taken and tare package weight determined. If the tare package weight is equal to or less than threetenths of the maximum permissible error for the concerned commodity of that quantity, it shall be assumed that the tare package weight so determined is valid for all the other packages in the sample, and the sample packages shall then be weighed for gross weight, and thereafter the net weight of commodity contained in each package shall be obtained by subtracting the tare package weight from the gross package weight. If the tare package weight so determined is more than three tenths of the maximum permissible error in relation to the commodity for that quantity, weight of four emptier tare packages shall be determined. If the difference between the maximum tare package weight and the minimum tare package weight of the five samples is equal to or less than four tenths of the maximum permissible error allowed for that commodity for that quantity, the tare weight of the package shall be taken as equal to the average of the five tare package weights. The gross weight of the package in the sample shall then be determined and the average tare package weight shall be subtracted from the gross package weight to obtain the net contents of the commodity in each package, in the sample. However, when the difference in the five individual tare weights of the packages exceeds the limit of four tenths of the maximum permissible error specified above, the procedure specified in subparagraph (4) or sub-paragraph (5), as the case may be, shall be adopted for determining the net quantity of individual packages.

4 · Determination of liquid contents by volume.-(1) If the specific gravity of the liquid commodity filled in packages remains sufficiently constant for a lot and it is possible to determine accurately its specific gravity the method of determination of net contents by weight, described in paragraph 3 may be used.

5 · Verification of length of commodities.-(1) The sample shall be selected in the manner specified in the Fifth Schedule.