Legal Metrology (Packaged Commodity) Rules, 2011 states rules and regulation governing all kinds of pre-packaged commodities. A “pre-packaged commodity”  refers to a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre‐determined quantity. As per the Packaged Commodity Rules (PCR) there are certain rules and regulations to be followed by an individual or corporation or firm who or which pre-packs or imports any commodity for sale, distribution or delivery.

Those rules are discussed hereunder:

• As per this rule of PCR, 2011, declarations should be made on every package. Declarations like, the name and address of the manufacturer, packer (where packer is different from manufacturer), in case of an imported package the name and address of the importer shall be mentioned.

• In case, the name and address of the brand owner shall appear on label, then they shall be responsible for non-compliance,

• The name of the country of origin or manufacture or assembly in case of imported products.

• Other declarations like generic name, net quantity etc shall be given on the label of the pre-packed commodity.

These are a few of the suggestions one should follow while importing pre-packaged commodities. Oxygen concentrators come under the purview of pre-packaged commodities. Therefore, these rules are applicable to all importing Oxygen concentrators. However, it is important to consult a Legal Metrology Expert while affixing the M.R.P or other declarations on the label to ensure complete compliance.

Recently, as per the news there is incriminating evidence that businessman Navneet Kalra imported oxygen concentrators that were not manufactured with German Collaboration and were manufactured in China. As per the reports submitted by Shriram Institute for Industrial Research on concentrators seized from Kalra, stated that the average output in terms of oxygen purity is found to be 32.7% & 38.2%, with the laboratory room air, the oxygen concentration was found to be merely 20.8 %. 

The police recovered 524 concentrators from three restaurants owned by Kalra i.e. Town Hall and Khan Chacha in Khan Market and Nege Ju in Lodhi Colony as well as from Matrix’s warehouse in Chhatarpur’s Mandi Village.

Is there any law to regulate the quantum of M.R.P in India?

There is no such specific law to regulate Maximum Retail Price (M.R.P) in India, however, there are few essential commodities like life saving drugs etc. whose prices are controlled by the certain authorities by issuing notifications from time to time. Likewise, last year a notification was issued by the department of National Pricing Authority dated 29th June 2020, stating that manufacturers or importers of  pulse oximeter and oxygen concentrator shall not increase the M.R.P more than 10%. 

As per our understanding, it is voluntary for manufacturers or importers of oxygen concentrators to obtain Central Drugs Standard Control Organisation (CDSCO) license till 30th September, 2021.

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