Businesses engaged in manufacturing, importing, or packing pre-packaged commodities for sale have always actively discussed the Legal Metrology (Packaged Commodities) Rules, 2011.
Recently, the Government of India announced that there would be a revision in the timeline for implementation of amendments in the LMPC Rules 2011. Read on to learn about this key update!
On 1 April 2011, the Weights and Measures Act was superseded by the Legal Metrology Act 2009. The 2009 Act was passed with the intention of defining and implementing weight and measure standards, as well as related elements.
A key component of LMA 2009 is the Packaged Commodities Rules, also known as the Legal Metrology (Packaged Commodities) Rules 2011 or LMPC Rules 2011. These rules mandate declaration of labels on packaged goods.
The labels must be clear and show essential details pertaining to the packaged goods like maximum retail price, net quantity, manufacturing date, country of origin, and the name of the manufacturer.
The goal of LMPC Rules 2011 is to protect consumers from unfair trade practices by ensuring that the companies are honest about what is inside their packaged goods.
The Government of India has decided that any changes to the labelling provisions will come into force on either 1 January or 1 July, subject to a minimum transition period of 180 days from the date of notification. It has made this decision to facilitate smooth implementation of the amendments.
By providing ample time, it’ll be easier for businesses to adapt to the changes. The decision of the Government reflects commitment to ensure consumer welfare. At the same time, it promises ease of doing business and lessens compliance burdens for companies.
In extraordinary or exceptional circumstances, the Government may implement amendments on a case-by-case basis to ensure timely and practical solutions without compromising the public interest.
The LMA 2009 imposes penalties for violation of labeling rules through fine or imprisonment and in some cases, both. Let’s look at the penalties for non-compliance with labeling rules according to the Legal Metrology Act.
According to Section 36(1) of the Legal Metrology Act, selling a pre-packaged commodity at a price higher than the retail sale price is punishable by a fine.
For first offense, the fine ranges between Rs. 5000 to Rs. 25,000. For the second offense, the fine is up to Rs. 50,000. For subsequent offenses, the fine ranges from Rs. 50,000 to Rs. 100,000.
Manufacturing, packaging or importing pre-packaged commodities with an error in net quantity is a punishable offence under Section 36(2) of the Legal Metrology Act. An individual can be fined or imprisoned for it.
Depending on the seriousness of offense, the fine can range from Rs. 10,000 to Rs. 50,000 for the first offence. In case of subsequent offences, the fine can be up to Rs. 100,000 or the offender can be imprisoned for up to one year, or both.
For assistance in securing an LMPC license, you may connect with our legal metrology consultants at Registrationwala.
Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.
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