In the exercise of the power provided by section 52 of the Legal Metrology Act 2009, read with clauses (j) and (q) of section (2). These rules are referred to as legal metrology Packaged Commodities Rules, 2011. It came into force on the 1st day of April 2011.
Regulation Of These Rules
No one shall prepack or cause or permit the prepacking of any commodity for sale, distribution, or delivery unless the packaging in which the commodity is prepacked shows the declarations required by these rules, or unless such declarations are firmly secured on the label.
As per Legal Metrology Packaging Rules, some declarations are to be made on every package.
- The name and address of the manufacturer and, for any imported package, the name and address of the importer shall be mentioned.
- The common or generic names of the commodities contained in the packages and, in the case of packages with more than one product, the name and number or quantity of each product shall be mentioned on the package.
- The net quantity in terms of standard unit of weight or measure of the commodity contained in the package or where the Commodity is packaged or sold by number, the number of Commodity contained in the package shall be mentioned.
- The month and year in which the commodity is manufactured, prepacked, or imported should be mentioned on the package.
As for understanding the declaration specified above, one of the major concepts required to be understood is the definition of pre-packaged commodity.
A pre-packaged commodity is one that is placed in a packaging of any kind, whether sealed or not, without the presence of the purchaser, such that the product contained therein has a pre-determined quantity.
What Qualifies As A Pre-Packaged Commodity?
Well, the above question is whether a particular commodity is prepackaged or not, specified by certain judgements.
The Madras High Court in Philips India Ltd v Union of India
As the question arises, whether televisions, video and audio players or speakers, can be classified as a packaged commodity or not.
While discussing whether televisions, video and audio players or speakers can be classified as packaged commodities, it was observed that the product was packed only for the convenience of the consumers for safe transportation and protection during storage and handling.
As per the judgment, televisions, video and audio players, or speakers, would not fall within the definition of a prepackaged commodity.
Whirlpool of India vs Union of India
As a question arises, whether the refrigerator is covered under the term “prepackaged commodity” or not.
It was observed that even if the package of the refrigerator is required to be opened for testing,
It concluded that the refrigerator would continue to be a prepacked commodity.
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Specification of Legal Metrology Packaging Rules 2011
The following are the items on which the Legal Metrology (Packaged Commodities) Rules, 2011 are not applicable (a) packages of commodities containing a quantity of more than 25 kg or 25 liters; (b) cement, fertilizer, and agricultural farm produce sold in bags above 50 kg;