Declaration Under Legal Metrology Packaged Commodities Rules, 2011
If are you dealing with packaged commodities in India then you must be aware of the declaration under legal metrology packaged commodities rules, 2011. These rules play a very crucial role in protecting consumer interests and ensuring transparency in commercial transactions. So, here you will get to know about the act that is necessary to understand before dealing with the pre-packaged commodities. Importance of Measurements in Daily Life Measurements are an essential part of our lives, for instance, time to be punctual for appointments, satellite positioning systems to pinpoint a location, while consuming electricity, gas, and water billed based on measurements, etc. Therefore, legislation on measurements and measuring instruments is requisite in such situations and also helps to guard the interests of both the buyer and the seller specifically in a commercial transaction or case of sanction. What Is Legal Metrology? Metrology refers to the study of units of measurement and covers the entire structure of weights and measures. Legal Metrology orders the mandatory technical and legal requirements relating to the standard of weights and measures for products sold or distributed in India. In the past time, the law related to weight measurements & packaged commodities was covered under the Standards of Weights and Measures Act, of 1976, however, it was replaced by the Legal Metrology Act, of 2009. Its main objective is to establish standards of weights & measures for better trade and commerce in weights, measures, and other goods that are sold or distributed. The Central Government framed the Legal Metrology (Packaged Commodities) Rules, 2011 concerning the standard quantities or number and manner in which declaration was given on pre-packaged commodities. What is Pre-Packaged Commodity? The term Pre-Packaged Commodity is defined under Section 2(l) of the Legal Metrology Act, 2009. It refers to a commodity that has been placed in a package of whatever nature (sealed or not), without the purchaser being present so that the product contained therein has a predetermined quantity. List Of Declaration Under Legal Metrology Packaged Commodities Rules, 2011 Legal Metrology (Packaged Commodities) Rules, 2011 aims to ensure that the declaration given under Section 18 of the Legal Metrology Act, 2009 is mentioned on the pre-packaged goods. Whereas, Rule 6 stipulates the declaration is to be made on every package as follows: What are The Key Changes in the Amended Legal Metrology Rules (if any)? The recent changes made in the Legal Metrology Rules Amendments focus on: Case Law The Madras High Court in Philips India Ltd. v. Union of India [(2002) 1 Mad.L.W (Cri.) 211] while discussing as to whether televisions, video and audio players or speakers would qualify as ‘Packaged Commodity’ pointed out that the definition of a pre-packed commodity would have no application to packages which are packed only for the convenience of customers for safe transportation and protection during storage and handling. Apex Court also in a recent judgment [Civil Appeal No. 1119 of 2010] observed that a package used merely for protection during conveyance or safety would not be a pre-packed commodity. The court held that for the package to be treated as a wholesale package, it must not be a secondary package i.e. for safety, convenience, or the like. In our view, packaging for the purpose of protection or safety of a product would not be a pre-packed commodity, however, the primary packaging of a product is a part of the pre-packed commodity. DISCLAIMER :- The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.