Date of Issue: March 28, 2022.
Date of Enforcement: October 01, 2022
The Ministry of Consumer Affairs, Food and Public Distribution issued a notification on March 28, 2022, notified as the Legal Metrology (Packaged Commodities) Rules, 2022. This new notification amends the Legal Metrology (Packaged Commodities) Rules of the year 2011. The current amendment will come into force on October 1, 2022.
This amendment introduces some additions and substitutions to certain clause existing previously existing the packaged commodities rules, 2011. All of these amendments are discussed below in detail with their older version.
1. Addition of Rule 4(1) states that 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 i.e., declarations to be made on every package.
2. Rule 5 that provided for the specific commodities to be packed and sold in recommended standard packages has been omitted.
3. Rule 6(1) (d) that provided that the month and year in which the commodity was manufactured or pre-packed or imported shall be mentioned in the package, has been amended to omit the words “pre-packed or imported”.
4. Rule 6(1) (e) deals with the declaration of retail sale price on the package. Earlier the Rule stated that the package shall clearly indicate the Maximum Retail Price (MRP) and the price in rupees and paise shall be rounded off to the nearest rupee or 50 paise. Now rule has been amended to provide that the declaration of retail sale on packaging to be provided in the Indian currency.
5. Rule 6 (11) was a new provision which was introduced in the Legal Metrology Amendment Rules, 2021 as per which the unit price needs to be declared on each package along with the MRP in Indian Rupees.
Now this new rule has been further amended as follows:
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:-
In case of packages containing alcoholic beverages or spirituous liquor, the State Excise Laws and the rules made there after that are applicable within the State in which it is manufactured. Also, the 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.
6. The Rule 33 which gives the power to relax and Schedule II which mentions how commodities has to be packed in specific quantities have been omitted.
The new amendment also states that no prosecution will be initiated against the manufacturer or packer or importer of pre-packaged commodities for making declaration with effect from April 01, 2022 in accordance with Legal Metrology (Packaged Commodities) Rules, 2011, as amended by the Legal Metrology (Packaged Commodities) Amendment Rules, 2021.