The Legal Metrology (Packaged Commodities) Rules, 2011.

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 Ist day of April, 2011.

2 · Definitions: -

3 · Applicability of the Chapter- The provisions of this Chapter shall not apply to_ (a) packages of commodities containing quantity of more than 25 kg O 25 litre excluding cement and fertilizer sold in bags up to 50 kg; and (b) packaged commodities meant for industrial consumers or institutional consumers. Explanation For the purpose of this rule, 1) "institutional consumer means the institutional consumer like transportation, Airways, Railways, Hotels, Hospitals or any other service institutions who buy packaged commodities directly from the manufacturer for use by that institution. ii) "industrial Consumer' means the industrial consumer who buy packaged commodities directly from the manufacturer for use by that industry.

4 · Regulation for pre-packing and sale etc. of commodities in packaged form: On and from the commencement of these rules, no person shall pre-pack O 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 , 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' $ 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 these rules.

5 · Specific commodities to be packed and sold in recommended standard packages: 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: Provided that if a commodity specified in the Second Schedule is packed in a size other than that prescribed in that Schedule, a declaration that 'Not standard pack size under the Legal Metrology (Packaged Commodities) Rules, 2011 or non standard size under

9 · Manner in which declaration shall be made.- (1) Every declaration which is required to be made on a package under these rules shall be

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

11 · General provisions relating to declaration of quantity. (1) In declaring the net quantity of the commodity contained in a package, the weight of wrappers and materials other than the commodity shall be excluded. (2) Where a commodity in a package is not likely to undergo any variation in weight O measure, on account of the environmental conditions, the quantity declared on the package shall correspond to the net quantity which will be received by the consumer, and the declaration of quantity of the commodity as declared on the package, and the declaration of quantity on such package shall not be qualified by the words 'when packed' or the like.

3 · Save as otherwise provided in sub-rule (4), where a commodity in package is likely to undergo variations in weight or measure on account of environmental conditions and such variation is negligible, the declaration of quantity in relation to such package shall be made after taking into account such variation so that the consumer may receive not less than the net quantity of the commodity as declared on the package, and the declaration of quantity o such package shall not also be qualified by the words when packed' Or the like: (4) The declaration of quantity in relation to commodities which are likely to undergo significant variations in weight or measures on account of environmental or other conditions may be qualified by the words "when packed" as specified in the Third Schedule.

12 · Manner in which declaration of quantity shall be: (1) The declaration of quantity shall be expressed in terms of such unit of weight; measure or number or a combination of weight, measure or number as would give an accurate and adequate information to the consumer with regard to the quantity of the commodity contained in the package. (2 Except in the cases of commodities specified in the Fourth Schedule, the declaration of quantity shall be in terms of the unit of a mass, if the commodity is solid, semi-solid, viscous Or a mixture of solid and liquid; (b) length; if the commodity is sold by linear measure; area, if the commodity is sold by area measure; volume, if the commodity is liquid o is sold by cubic measure; Or number; if the commodity is sold by number: (3) Where the declaration of quantity has been made in terms of mass, the manufacturer Or importer, as the case may be, the packer may, at his option make an additional declaration on the package as to the number of commodities contained in the package. (4) Where the declaration of quantity by weight O measure O number is not sufficient to give to the consumer full information with regard to the dimensions or number of commodity contained in the package, such declaration shall be accompanied by a

14 · Declarations with regard to dimensions of certain commodities: - Where a package contains commodities like bed-sheets, hemmed fabric materials, dhoties, sarees, napkins, pillow-covers, towels, table cloths or Similar other commodities, the number and the dimensions of finished size of such commodities shall also be

15 · Declaration with regard to dimensions and weight to be made 0n packages in certain cases._ Where the dimensions and weight; O combination thereof; of a commodity has or have a relationship to the price of that commodity, the declaration of quantity o the package containing such commodity, shall also include a declaration as to such dimensions, weight or combination: 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 o 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.- The commodities shall be expressed as bags, boxes, cups, pans or the like designed and sold in retail trade for being used as containers for other materials or objects and shall be labeled with the declaration of quantity as follows for bag-type commodities, the number of bags which the package may contain, followed by linear dimensions of the bags, whether packaged in a perforated roll or otherwise; (ii) for square, oblong, rectangular Or similarly shaped containers, the number of containers which the package may contain, followed by length, width, and if required, depth of the container: (iii) for circular or generally round-shaped containers, not being cups or the like the number of commodities contained therein followed by diameter and, if necessary, depth of the container.

18 · Provisions relating to wholesale dealer and retail dealers: (1) No wholesale dealer or retail dealer or importer shall sell, distribute, deliver, display or store for sale any commodity in the packaged form unless the package complies with in all respects, the provisions of the Act and these rules (2) No retail dealer or other person including manufacturer, packer, importer and wholesale dealer shall make any sale of any commodity in packed form at a price exceeding the retail sale price thereof. (3) Where, after any commodity has been pre-packed for sale, any tax payable in relation to such commodity is revised, the retail dealer o any other person shall not make any retail sale of such commodity at a price exceeding the revised retail sale price, communicated to him by the manufacturer; Or where the manufacturer is not the packer; the packer, and it shall be, the duty of the manufacturer Or packer as the case may be, to indicate by not less than two advertisements in one Or more newspapers and also by circulation of notices to the dealers and to the Director in the Central Government and Controllers of Legal Metrology in the States and Union Territories, the revised prices of such packages but the difference between the price marked on the package and the revised price shall not, in any case, be higher than the extent of increase in the tax Or in the case of imposition of fresh tax higher than the fresh tax so imposed: Provided that publication in any newspaper, of such revised price shall not be necessary where such revision is due to any increase in, Or imposition OT, any tax payable under any law made by the State Legislation: Provided further that the retail dealer Or other person, shall not charge such revised prices in relation to any packages except those packages which bear marking indicating that they were pre-packed in the month in which such tax has been revised or fresh tax has been imposed or in the month immediately following the month aforesaid; Provided also that where the revised prices are lower than the price marked on the package, the retail dealer Or other person shall not charge any price in excess of the revised price, irrespective of the month in which the commodity was pre-packed. (4 Nothing in sub-rule (3) shall apply to a package which is not required, under these rules to indicate the month and the year in which it was pre-packed:

19 · Inspection of quantity and error in packages at the premises of the manufacturer 0r packer (1) With a view to ascertaining whether any package O lot of packages complies with provisions of these rules in all respects, the Director, Controller O any Legal Metrology Officer empowered to inspect under section 15 of the Act (hereafter referred to as in these rules as the authorized person ) may examine the packages and carry out the tests at the premises of the manufacturer Or where the manufacturer is not the packer, of the packer and when he carries out such examination or tests, he shall draw samples from such lot of packages, in such manner and in such number as are specified in the Fifth Schedule and the tests aforesaid shall be carried out in accordance with the method specified in the Sixth Schedule. (2) The Director, Controller or any Legal Metrology Officer shall enter in the Form set out in the Seventh Schedule, the detailed results of the tests carried out by him under sub- rule (1) and shall obtain, on the said Form, the signature of the manufacturer O, as the case may be, of the packer; or his authorized agent, O, in the absence of both; Or on their refusal to affix such signature, the signature of a competent witness and copy of the data sheet containing the result shall be given to the manufacturer O packer, as the case may

2 · The disposal of the seized packages shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

21 · Inspection of quantity and error in packages at the premises of the wholesale dealer or retail dealer (1) Ordinarily, any test in relation to the net quantity contained in a package shall not be carried out at the premises of the retail dealer or the wholesale dealer, unless- a complaint is received by the Director or the Controller o any Legal Metrology Officer to the effect that the package sold or delivered to the complainant does not contain the quantity declared on such package or on the label affixed thereto; (ii) the Director or the Controller or any Legal Metrology Officer has reason to suspect that any package has been tampered with or that there has been any pilferage or leakage of the commodity contained in the packages (iii) the Director or the Controller Or any Legal Metrology Officer and any package, OI any label affixed thereto, does not bear thereon all or any of the declarations which are required to be made under these rules. (2) Where any test is carried out in pursuance of the provisions of sub-rule (1), the Director, Controller o any Legal Metrology Officer shall verify whether the quantity contained in the package corresponds to the quantity declared on such packages O any label affixed thereto and where quantity contained in package is less than the declared

22 · Establishment of maximum permissible error On package:- 1) The maximum permissible error in relation to the commodities shall be such as is indicated in the First Schedule. 2) While establishing the maximum permissible error in relation to the net quantity of commodities contained in packages, due account shall be taken of the following causes which may lead to variation in quantity, namely:-

23 · Deceptive packages to be repacked or in default to be seized.- (1) If, on the determination of the quantity contained in the sample packages, the Director or Controller or the Legal Metrology officer finds that the quantity contained in the package agrees with the declaration of the quantity made on the package or label thereon but the package is a deceptive package, he shall require the manufacturer Or the packer; as the case may be, to repack and re-label such package and in the event of the omission or failure on the part of the manufacturer or the packer, as the case may be, to repack Or re-label such deceptive package, in accordance with the standards established by or under these rules, seize them, take appropriate punitive action in accordance with the Act and take adequate steps for the safe custody of such packages until they are produced in a court as evidence.

24 · Declarations applicable to be made on every wholesale package Every wholesale package shall bear thereon a legible, definite, plain and conspicuous declaration as to

25 · Restrictions on sale of export packages in India - An export package shall not be sold in India unless the manufacturer Or packer has re- packed Or relabeled the commodity in accordance with the provisions contained in Chapter II, and where any export package is sold in India without such re-packing O re- labeling, such package shall be liable to be seized in accordance with the provisions of the Act.

26 · Exemption in respect of certain packages:- Nothing contained in these rules shall apply to any package containing a commodity if a) the net weight O measure of the commodity is ten gram Or ten milli litre or less, if sold by weight o measure; Provided that the declaration in respect of maximum retail price and net quantity shall be declared on packages containing 1Og to 20g or ]Oml to 20ml: (b) any package containing fast food items packed by restaurant or hotel and the like; it contains scheduled formulations and non-scheduled formulations covered under the Drugs (Price Control) Order,1995 made under section 3 of the Essential Commodities Act; 1955 (10 of 1955); (d agricultural form produces in packages of above 50 kg' Provisio will stand withdrawn wef 01.07.2012 vide GSR 748(E) dated 24.10.2011 CHAPTER VI

27 · Registration of manufacturers, packers and importers - (1) Every individual, firm, Hindu undivided family, society, company Or corporation who or which pre-packs or imports any commodity for sale, distribution or delivery shall make an application, accompanied by a fee of rupees five hundred, to the Director or the Controller for the registration of his Or its name and complete address; and every such application shall be made, in the case of an applicant pre-packing or importing any commodity at the commencement of these rules, within ninety days from such commencement; Or (ii) in the case of any applicant who or which commences pre-packing o importing of any commodity after the commencement of these rules, within ninety days from the date on which he or it commences such pre-packing: (2) Every application referred in sub-rule (1) shall contain the following particulars, namely: - a) the name of the applicant;

28 · Registration of shorter address permissible:- (1) It shall be lawful for any manufacturer or packer to make an application to the Director Or the Controller for the registration of a shorter address, in addition to the complete address referred to in sub-rule (2) of rule 27. (2) The Director or the Controller may, if he is satisfied after inquiry that the shorter address is sufficient to enable the consumer Or any other person to identify the manufacturer Or the packer, register such shorter address. (3) Where a shorter address is registered by the Director or the Controller; it shall be lawful for the manufacturer O packer to state such shorter address on the label of each commodity pre-packed by him or it:

29 · Registration of manufacturers and packers, etc - The Director or the Controller shall enter in a register; to be maintained by him for the purpose, the name and complete address of each manufacturer Or packer by whom application for such registration has been made to him under rule 27.

30 · Compilation of lists of manufacturers or packers and their circulation. The Director o the Controller shall compile a State-wise list of the manufacturers and packers registered by him under rule 29 and shall circulate such list to the Controller of the concerned State to enable the Controller to take, Or cause to be taken, samples at the premises of the manufacturer O, where the manufacturer is not the packer, of the packer:

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. (2)The font size of the net quantity in the advertisement shall be same as that of retail sale price.

32 · Penalty for contravention of Rules Whoever contravenes the provisions of rules 27 to 31, he shall be punished with fine of four thousand rupees. 2) Whoever contravenes any other provision of these rules, for the contravention of which no punishment has been provided either in the Act O in the rules he shall be punished with fine of two thousand rupees

33 · Power to relax: The Central Government may, after ascertaining the genuineness of the compounding of a case 0r Court decision stated in the application, permit a manufacturer or packer to pack for sale the packages for a reasonable period by relaxing one or more provision of these Rules with such corrective measures as may be specified:

34 · Repeal and savings -

1 · Maximum permissible errors On net quantity declared by weight 0r volume:- The maximum permissible erTOr, in excess O in deficiency, in the net quantity by weight or volume of any commodity shall be as specified in Table I below:-

50 · to /00

200 · to 300

300 · to 500

500 · to /00O

2 · The maximum permissible errors 0n net quantity declared by length, area O number: 1) The maximum permissible error; in excess or in deficiency, in the net quantity declared in terms of length; area Or number of any commodity not specified in the First Schedule shall be as specified in Table II below:

5 · kg and 10 kg:

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

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

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

11 ·

14 ·

5 · kg and thereafter in multiples of 5 kg:

16 ·

65 · ml (fruit based drinks only), 100 ml; 12Sml(fruit based drinks only),

150 · ml, 200 ml, 250 ml, 300 ml, 330ml(in cans only), 500 ml; 750 ml, 1

17 ·

100 · ml, 150 ml, 200 ml, 250 ml, 300 ml, 500 ml; 750 ml litre, 1.5 litre,

2 · litre, 3 litre, 4 litre and 5 litre.

18 ·

50 · kg:

19 ·

50 · ml, 100 ml, 200 ml, 500 ml; litre, 2 litre, 3 litre, 4 litre, 5 litre and

450 · ml, 500 ml, 900 ml; 925 ml, 950 ml, 975 ml, litre, 3.6 litre, 3.7

10 ·

19 ·

2 · The sample shall be selected at random in accordance with the manner specified in paragraphs 3 and 4 3 Where, for the determination of the net quantity of any commodity contained in a package it is necessary to take samples of packages stored by the manufacture Or packer in a ware house, go-down o at any other place, the sample shall be selected at random, from ever lot of packages and shall be picked out from the top, bottom, center, right; left; front and rear of the stocks so that the samples may adequately represent the packages in the lot. 4_ Where, for the determination of the net quantity of any commodity contained in a package it is necessary to take samples form the place where the package is being filled such samples shall be selected from among the package which have already been filled, Or in the alternatively, the requisite number of empty containers may be taken over and each of them shall be adequately marked for proper identification and the tare weight of each container shall be accurately noted and thereafter the marked containers shall be introduced at random in the packing process so that, after the packages are filled in may be possible to determine the net quantity Explanation: In this schedule 'Sample size' means the umber of packages to be selected as sample.

1 · Equipments required- (1) The Director, Controller O any Legal Metrology Officer authorized by O under the Act, to determine the net quantity; of commodity contained in any package, shall be provided by the concerned Government with adequate equipments and facilities to carry out his work to the required degree of accuracy in an Expedient and efficient

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. Provided that; where it is necessary to use the weights and measures, owned O controlled by the manufacturer, packer Or wholesale dealer as the case may be such weights and measures; shall be used unless the maximum permissible error of such weights and measures is twenty per cent or less of the maximum erTor permitted n relation to the net quantity of the commodity contained in the packages. (2) It shall be the duty of every manufacturer; packer or wholesale dealer to render such assistance the Director, Controller or any Legal Metrology Officer as the Director or other authorized person may require in order carrying out his duties expeditiously and efficiently.

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 three- tenths 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 sub- paragraph (4) or sub-paragraph (5), as the case may be, shall be adopted for determining the net quantity of individual packages. In the absence of empty tare packages, one package from the sample shall be opened and the net weight of the commodity and the tare weight of the package determined. If

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. (2) If the method described in sub-paragraph (1) is not feasible the containers shall be opened and the contents of each package poured out carefully into the appropriate volume measure_ (3) The reading of the actual net volume of the commodity in every package shall be noted carefully and recorded in the Form specified in the Seventh Schedule:

5 · Verification of length of commodities-(1) The sample shall be selected in the manner specified in the Fifth Schedule. (2) If it is not possible to measure the dimensions with out opening the package, the package shall be opened: (3) The length of the commodity shall be measured by means of a calibrated steel tape of suitable length:

7 · . Checking of other declarations -(1) The declarations made on the package Or on the label affixed thereto, shall be examined with view to ascertaining whether such declarations conform to these rules and may be ensured either at the factory level o at the depot of the factory (2)The additional declarations made on the package or on the label affixed thereto in respect of item and (h) of sub-rule (1) of rule 6 shall also be examined to ascertain whether they are adequate.