Legal Metrology Amended Rules 2022

Legal Metrology Amended Rules 2022

Introduction

The ministry of consumer affairs, food and public distribution vide its notification dated 20th March 2022 has notified the Legal Metrology (Packaged Commodities) Rules, 2022. It came into force on the 1ST of October 2022. However, the new amended rules further amend the legal metrology packaged commodity rules 2011. The ministry of consumer affairs had earlier as well vide notification dated 2nd November 2020 notified Legal Metrology Rules 2021 which were to be brought into the force from 1st April 2022.

Key Features of Amended Rules 

The key features of amended rules have been explained by us by the way of the chart given below so that every manufacturer, Packer, importer, and the companies will get proper clarification about the amended rules which will help them to comply with the rules and regulations of legal metrology act in order to stop themselves heading towards committing any kind of offense under legal metrology.

S. NO RULE NUMBER PREVIOUS RULE AMENDMENTS
1. Rule 4 (1) That the one or more packages intended for retail sale are grouped together for being sold as a retail package or promotional offer, and every package of the group shall complies with the provision of rule 6.
2. Rule 5 Rule 5 provided for the specific commodities to be packed and sold in recommended standard packages. The mentioned and said rule has been omitted.
3. Rule 6 (1) (d) earlier rule 6 (1) (d) under which the month and year in which the commodity was manufactured or prepared or imported shall be mentioned in the package. As per the new rules the words such as “or pre-packed or imported” have been omitted.
4. Rule 6 (1) (e) This rule deals with the declaration of the retail sale price on the package which earlier the rule stated that the package shall clearly indicate the MRP and price in rupees and the Paisa shall be rounded off to the nearest rupee or 50 Paisa. The declaration of retail sale on the packaging shall be provided in the Indian currency as per the new rule under legal metrology.
5. Rule 6 (11) A new provision was inserted where the legal metrology amendment rule 2021 as per which the unit price needs to be declared on each package along with the MRP in Indian Rs. The New Rules state as follows:

The unit sale price in rupees rounded off to the nearest two decimal places.

Further, it shall be declared on every pre-packaged commodity in the following manner:

Per gram where net quantity is less than one kilogram, and

Per kilogram where net quantity is more than one kilogram;

Per number or unit if any item is sold by number or unit.

Per centimeter where net length is less than one meter, and

Meter where net length is more than one meter;

Per milliliter where net volume is less than one liter, and

Per liter where net volume is more than one liter.

However, the package contains alcoholic beverages or spirituous. Further, the state excise law and the rules made thereunder shall be applicable according to each different state in which such product is manufactured. Further, the declaration of the unit sale price is not required for the prepackaged commodity in which the retail sale price is equal to the unit sale price.

6. Rule 33 Power to relax The said rule has been omitted.
7. II schedule Commodities to be packed in a specific quantity The said schedule has been omitted.

Legal Metrology General Amendment Rules 2022 

Department of consumer affairs, Government of India vide its notification has notified Legal Metrology (General Amendment) Rule, 2022 dated 4th October 2022 according to which the following amendments have to be taken place:

  1. As per section 49 subsection 2 of the legal metrology Act 2009 allows companies to nominate their directors as the person responsible for the business of a company. There is an importance of Director nomination under legal metrology.

“any company may by order in writing authorized any of its director to exercise all such powers and to take all such steps as may be necessary or expedient to prevent the Commission by the company of any offense under this act and may give notice to the director or the concerned controller or any legal metrology officer authorized in this behalf by a such controller (hereinafter in this section referred to as the authorized officer) in such form and in such manner as may be prescribed that it has nominated such director as the person responsible along with the written consent of such director for being so nominated”  (Read also: Importance of Declaration on Packages)

  1. As per the above mentioned section in case of any violation under the legal metrology Act 2009 the director of the companies was prosecuted and held responsible for the offenses by the company under legal metrology. However, in order to promote ease of doing business the following has been amended in Rule 29 of legal metrology general rules 2011:

“Provided that where a company has different establishment or branch or different unit in any establishment or branch, an officer who has the authority and responsibility for planning, directing the controlling the activities of the establishment or branch or different unit may be nominated under subsection two of section 49 to be in charge of and be responsible for the conduct of business alpha establishment branch or unit thereof.”

  1. According to the amended rules to 29, now the company can nominate an officer of the establishment of a branch or unit in any establishment or branch who has the authority and responsibility for planning, directing, and controlling the activities of the respective establishment of branch or unit in any establishment or the branch of the company.
  2. This amendment would help the companies to nominate a person who is responsible for the day-to-day activities of an establishment of branch or unit of the companies instead of the director of the company who is involved in  day-to-day activity of every branch or unit of establishment of the nominated person shall be liable however if there are several branches or unit or establishment in the organization each nominated officer of that specific unit branch or establishment will be responsible for the liability of non-compliance is of the provision of legal metrology Act 2009 and the rules there under.
  3. It has also been clarified that no prosecution will be initiated against the manufacturer or Packer or importer of prepackaged commodities for making a declaration with effect from April 1st, 2022 in accordance with the legal metrology packaged commodities rules 2011 as amended by the Legal Metrology packaged commodities amended rules 2021 publish vide number G.S.R. 779 (E), dated November 2nd, 2021.
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