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Package Commodity Act

Metrology is the science that deals with the weight or measures in India.

The metrology and laws related to it have been getting stricter day by day. The Government of India has laid its keen focus on the development and growth of the metrology sector in India. In the past few years, the Ministry of Consumer Affairs through its organizations and legal metrology departments situated in different parts of India has been able to achieve some percentage of what they dreamt for. The ministry has set uniform standardized acts for weights, measures, and packing of pre-pack commodities to ensure the safeguards of the public at large in the country. Such Act was known as The Legal Metrology Act, 2009, and the rules and acts dealing with the pre-packaged commodities were dealt with according to the packaged commodity rules mentioned in the Act.

We at ELT Corporate with a team of both young and experienced Legal Metrology Consultants in India for many years are in this field with a vision of imparting as much knowledge and awareness of metrology and laws related to it through our services. Our vision has led us to help so many of the people across the country in past times that we feel so happy and motivated to connect with the new one's today. Our achievements have driven enthusiastic energy, and we shall continue doing the same for many more years to come. Believe us, we are always ready to help you at any point in legal metrology in India!

What is a pre-packaged commodity?

The pre-packaged commodity is defined under section 2(L) of the Legal Metrology Act, 2009. The pre-packaged commodity can be defined as a commodity as the name suggests which has been pre-packed or which is already placed in the package of whatever nature sealed or not, without the consumer being present at that moment. The consumer receives the commodity in already packaged form. The examples can be set as food items, fuel, etc.

Who regulates pre-packaged commodities in India, and what is packaged commodity Act?

The Legal Metrology (Packaged Commodities) Rules, 2011 were established by the ministry of consumer affairs for the regulation of pre-packaged commodities in India. Such Act that deals with such pre-packaged commodities in India are called Packaged Commodity Act in India.

Packaged Commodities Rules, 2011

Provisions applicable for Retail Sale

Provisions that are applicable for retail sale are covered in Rules 3 to Rule 23 of the Packaged Commodities Rules, 2011 in the Act. The major highlights and rules covering the packaged commodities rules are discussed below:

Exceptions

  • Packaged commodities containing quantity more than 25kgs or 25 liter
  • Cement, fertilizers bags of more than 50kgs
  • Agriculture farm products bags of more than 50 kg
  • Packaged commodities for industrial consumers
  • Packaged commodities for institutional consumers

Regulation of pre-packing commodities

Every person who wishes to pack any pre-packaged commodity must place declarations on those packages for any sale, distribution, or delivery of those pre-packaged commodities in India. The absence of these declarations will be offensive and liable to future penalties and punishments.

Declarations should be made on every package

A declaration such as a name, address of the manufacturer or packer, name and address of the brand owner or marketer, generic or common names, place of origin, net quantity, best before date, month and year of manufacturer or packing, dimensions (if any), maximum retail price, barcode, GTIN or QR code, logos,etc.

Principal Display Panel

Principal Display Panel is the place where placed on the commodity where all such declarations are written and displayed about that particular commodity. The dimensions, size of the display panel can vary based on the type of commodity it has to be used for.


Place of declaration to appear on the package

Rule 8 of the packaged commodity rules, 2011 defines the required place on the commodity where a declaration should appear.

The manner in which a declaration has to be made

Rule 9 of the packaged commodity rules, 2011 defines the manner in which a declaration on the commodity should be made.

Name and address Declaration

The name and address of the manufacturer/packer/owner/marketer should be placed on the commodity before selling and distributing.

Declaration of Quantity

A declaration representing the net quantity of the product packed inside the package must be displayed on the panel of the product.

Declaration with respect to dimensions

Every product is different, the dimensions of those products are different, the declarations have to be made in accordance with the type of product and its dimensions.

Inspection of packaged products

An inspection is done by the legal metrology officer concerned to ascertain whether the packages packed at the premises comply with the provisions stated in the Act or not.

The action was taken post-inspection

If any manufacturer or packer is found to be not complying with the rules stated in the Act at the time of packing the products, then necessary action will be taken against them.
 

Maximum permissible error

The maximum permissible error can be stated as a maximum error that is allowed and can be neglected at the time of inspection, however, any error beyond that will be liable for further investigation.

(13)Deceptive packages-

Deceptive packages after investigations can be allowed to be repacked or can be seized as per the instructions and decisions of the concerned legal metrology officer.

Provisions applicable to wholesale packages

Every wholesaler should have packages bearing all the necessary declarations as to –

  • Name and address.
  • Identity of the commodity packed
  • Total number of retail packages in the wholesale package

Legal metrology laws are one diverse legal concept nowadays.

We at ELT Corporate have dealt with many successful packaged dealing registrations and legal metrology consultations and found that people in India have the least knowledge about the metrology laws in India and without the assistance of any leading legal metrology consultant it would create big trouble for people in the country. If any person wishing to have assistance in metrology in any part of the country can reach out to us and avail of our services online as well as offline. We will be really very happy to assist you!

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