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LEGISLATION

LEGISLATION. The Standards of Weights and Measures Act,1976 The standards of weight and measures (Enforcement)act,1985. Establishment of Standard of Weights and Measures-Under UNION LIST –Entry 50 Weight and Measures expect establishment of standards-under CONCURRENT LIST-Entry 33 A .

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LEGISLATION

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  1. LEGISLATION • The Standards of Weights and Measures Act,1976 • The standards of weight and measures (Enforcement)act,1985

  2. Establishment of Standard of Weights and Measures-Under UNION LIST –Entry 50 Weight and Measures expect establishment of standards-under CONCURRENT LIST-Entry 33 A CONSTITUTION PROVISION

  3. Packaged commodities rules,1977 [objects] • To regulate trade in pre-packed commodities • Ensure information about the commodity in the package • Ensure availability of correct quantity

  4. ‘2A.’ Applicability of the Chapter- • The provisions of this chapter shall not apply to,- • (a) packages of commodities containing quantity of more than 25 kg or 25 liter excluding cement and fertilizer sold in bags up to 50 kg; and • (b) Packaged commodities meant for industrial consumers or institutional consumers.

  5. “pre-packed commodity” • Means a commodity, which without the purchaser being present, is placed in a package of whatever nature, whether sealed or opened, so that the commodity contained therein has a pre determined value and includes those commodities which could be taken out of the package for testing or examining or inspecting the commodity • It is clarified that the intention is to include packages of bulbs ,ready made garments etc., which are kept in unsealed packages and are opened by consumers for examination. It is not intended to cover sealed packages ,opened subsequently

  6. “Combination Package” means intended for retail sale, containing two or more individual packages, or individual pieces, of dissimilar commodities. illustration: A package containing dissimilar commodities such as spoons, knives, forks, cups, napkins, or the like is a combination package OMITTED

  7. “Group Package” • means a package intended for retail sale, containing two or more individual packages, or individual pieces, of similar, but not identical commodities –OMITTED NOW

  8. “Wholesale package” • Means a package containing_ • (i) a number of retail packages, where such first mentioned package is intended for sale, distribution or deliver to an intermediary and is not intended for sale direct to a single consumer; or • (ii) a commodity sold to an intermediary in bulk to enable such intermediary to sell, distribute or deliver such commodity to the consumer in smaller quantities; or • (iii) Packages containing ten or more than ten retail packages provided that the retail packages are labeled as required under the rules.

  9. “Retail package” • Means the package which are intended for retail sale to the ultimate consumer for the purpose of consumptions of the commodity contained therein and includes the imported packages: • PROVIDED that for the purpose of this clause, the expression “Ultimate consumer” shall not include industrial or institutional consumers;

  10. Institutional consumer/ Industrial Consumer • 'a) Institutional consumer.– Means those consumers who buy packaged commodities directly from the manufacturers/packers for service industry like transportation [including airways, railways], hotel or any other similar service industry. • b) Industrial Consumer – Means those consumers who buy packaged commodities directly from the manufacturers/packers for using the product in their industry for production, etc.’]

  11. “LOT” new definition (i) in the case of packages which have been stored, the total number of such packages stored; and (ii) in the case of packages which are on or at the end of the packing line, the maximum hourly output of packages;

  12. “NET QUANTITY” • In relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package, excluding the packaging or wrapper;

  13. 9. MANNER IN WHICH DECLARATION SHALL BE MADE. • (1) Every declaration which is required to be made on a package under these rules shall be • (a) Legible and Prominent • (b) Conspicuous as to size, number and color OMITTED • (c) Omitted previously • (d) Numerals of the retail sale and net quantity declaration shall be printed, painted or inscribed on the package in a color that contrasts conspicuously with the background of the label; • PROVIDED that- • Where any label information is blown, formed or molded on a glass or plastic surface, such information need not be required to be presented in a contrasting color; • Where any declaration on a package is printed either in the form of hand- writing or hand script, such declaration shall be clear, unambiguous and legible- No change • (2) No declaration shall be made so as to require it to be read through any liquid commodity contained in the package –No Change • (3) in clause (d), in the proviso, for clause (a), the following clause shall be substituted, namely:- • Where a package is provided with an outside container or wrapper such container or wrapper shall also contain all the declarations which are required to appear on the package except where such container or wrapper itself is transparent and the declarations on the package itself are easily readable thorough such outside wrapper. • b) in sub-rule (3), the following proviso shall be added at the end, namely • PROVIDED that no such declaration on the inner package as required under the said rules is required if the inner package does not contain any declaration on its out cover. • (4) The particulars of declaration required to be specified under this rule on a package shall either be in Hindi Devanagiri script or in English: • PROVIDED that nothing contained in this sub rule shall prevent the use of any other language in addition to Hindi or English language- No change. • (5) OMITTED.

  14. The name and address of the manuf/pack/impotr ‘(a) the name and address of the manufacturer, or where the manufacturer is not the packer, the name and address of the manufacturer and packer and for any imported package the name and address of the importer. Explanation I .- If any name and address of a company is declared on the label without any qualifying words 'manufactured by' or 'packed by', it shall be presumed that such name and address shall be that of the manufacturer and the liability shall be determined accordingly; Explanation II.- If the brand name and address of the brand owner appear on the label as a marketer , then the brand owner shall be held responsible for any violation of these rules and action as may be required shall be initiated against the deemed manufacturer and in the event of more than one name and address appearing in the label, prosecution shall be launched against the manufacturer indicated on the label in the first place and not against all of them. Explanation III .- In respect of packages containing food articles, the provisions of this clause shall not apply and instead the requirement of the Prevention of Food Adulteration Act, 1954 (37 of 1954) and the rules made there under shall apply .’; (1 A) Every package shall bear the name, address, telephone number, E mail address, if available, of the person who can be or the office which can be, contacted, in case of consumer complaints

  15. Declaration of name and address of the manufacturer, etc. • '10. (1) Subject to the provisions of rule 7, every package kept, offered or exposed for sale or sold shall bear conspicuously on it, the name and complete address of the manufacturer, or where the manufacturer is not the packer, the name and address of the manufacturer and the packer and in case of imported packages, the name and address of the importer: • Provided that for packages of capacity 5 cubic cm or less, it shall be a sufficient compliance of this sub-rule, if a mark or inscription which would enable the consumer to identify the manufacturer or packer or the importer, as the case may be, is made on the package: • Provided further that where any commodity manufactured outside India is packed in India, the package shall also contain on the principal display panel the name and complete address of the packer or the importer in India. • Explanation:- In this sub-rule, ' complete address' means, the postal address at which the registered office of the manufacturer is situated or the factory is situated, and, in any other case, the name of the street, number (if any) assigned to the premises of the manufacturer or packer, and either the name of the city and State where the business is carried on by the manufacturer or packer or the Postal Index Number [PIN] Code so that a consumer can identify and locate the manufacturer or packer, as the case may be. • (2) The name of the manufacturer or packer or importer shall be the actual corporate name, or if not incorporated, the name under which the business is conducted by such manufacturer or packer or importer in India.'.

  16. MANNER IN WHICH DECLARATION OF QUANTITY • (1) The declaration of quantity shall be expressed in terms of such unit of weight, measure or number or combination of weight, measure or number as would give accurate and adequate information to the consumer with regard to the quantity of the commodity contained in the package. _ NO CHANGE • (2) Except in the4 case of commodities specified in the fifth schedule, the declaration of quantity shall be in terms of the unit of- • (b) Mass, if the commodity is sold by solid, semi-solid, viscous or a mixture of solid and liquid; • (c) Length, if the commodity is sold by linear measure; • (d) Volume, if the commodity is liquid or is sold by cubic measure; or • (e) Number, if the commodity is sold by number: • (3) Where the declaration of quantity has been made in terms of mass, the manufacturer or , as the case may be, the packer may, at his option make an additional declaration in the package as to the number of commodities contained in the package. • Illustration: a package containing screws may not only indicate the total weigh of the screws contained in the package but also the number and sizes of the screws contained in the package – No Change. • (4) When the declaration of quantity by weight, measure or number alone is not sufficient to give to the customer full information with regard to the dimensions or number of commodity contained in the package, such declaration shall be accompanied by declaration of the dimensions or number, or both, where necessary, of the commodity contained in the package: • Illustration: OMITTED. • (5) Where it is necessary to communicate to the consumer any additional information about the commodity contained in a package, such information shall also appear on the same panel in which the other information, as required by these rules, have been indicated. • Illustration :(a), (b), (c) OMITTED PREVIOUSLY and (d), (e), (f) and (g) - OMITTED. • (6) The declaration of quantity shall not contain any word or expression which tends to create an exaggerated, misleading or inadequate impression as to the quantity of the commodity contained in the package, for example, words or expressions like- • (i) “Minimum”, “not less than: “about”’, “approximately”, or other words of a similar nature. • (ii) OMITTED. • (7) For packages having capacity 5 cubic cm or less the declaration of quantity shall be made on a tag, tap, or any other similar device affixed to the container and every such tag, car, tape or other device shall contain mark or inscription which would enable the consumer to identify the manufacturer or packer, as the case may be – NO Change.

  17. When expressing a quantity of equal to or more than- • (a) one kilogram, the unit of weight shall be the kilogram and any fraction of a kilogram shall be expressed in terms of decimal sub-multiples of kilogram or in terms of grams; • (b) one meter, the unit of length shall be the meter and any fraction of a meter shall be expressed in terms of decimal sub-multiples of the meter or in terms of centimeter; • (c) Square meter, the unit of the area shall be the square meter and any fraction of a square meter shall be expressed in terms of decimal sub-multiple of the square meter. • (d) Cubic meter, the unit of volume shall be the cubic meter and any fraction of a cubic meter shall be expressed in terms of decimal sub-multiple of the cubic meter; • (e) one liter, the unit of volume shall be the liter and any fraction of a liter shall be expressed in terms of decimal sub-multiple of the liter: • Provided that where the quantity to be expressed is equal to one kilogram, one meter, one square meter, one cubic decimeter, one cubic meter or one liter, as the case may be, such quantity may be expressed at the option of the manufacturer or the packer, as the case may be, in terms of gram, centimeter, square decimeter, cubic centimeter, cubic decimeter or milliliter as the case may be. • (4) No number called the dozen, score, gross; great gross or the like shall be specified or indicated on any package. • (5) Symbol for Units:- • (i) No system of units other than the International System of Units shall be used in furnishing the net quantity of the package. • (ii) For items sold by number the symbol should be N or U'.

  18. Minimum height of numerals • Net Qty Minimum Height in mm • In Wt / normalblown/mold • Vol • <=200ml 1 2 • >=200ml<=500ml 2 4 • >500ml 4 6

  19. Symbols for units [R 13] • UnitSymbol Kilogram kg Gram g Meter m Centimeter cm Millimeter mm • Liltre L or i • Millli-litre ml • For quantity less than 1kg unit shall be 1g. • For more than 1kg it shall be 1.2kg etc

  20. STATMENT OF UNITS OF WEIGHT, MEASURE OR NUMBER • For rule 13 of the said rules, the following rule shall be substituted, namely:- • '13. Statement of units of weight, measure or number.- (1) The units of weight, measure or number shall be specified in accordance with the units specified in sub-rule (2) or sub-rule (3), as the case may be. • (2) When expressing a quantity less than- • (a) one kilogram, the unit of weight shall be the gram; • (b) one meter, the unit of length shall be the centimeter; • (c) One square meter, the unit of area shall be the square decimeter; • (d) One cubic meter, the unit of volume shall be one cubic centimeter; • (e) One cubic decimeter, the unit of volume shall be the cubic centimeter; • (f) One liter, the unit of volume shall be the milliliter.

  21. Retail sale price • In the form-maximum retail price (MRP)……(inclusive of all taxes) • Actual sale price may be less than MRP • Responsibility for declaration with manufacturer/packer • Should not be smudged • Individual price sticker not permitted

  22. Specific commodities to be packed and sold in recommended standard packages • Rule 5 of the said rules, the following rule shall be substituted, namely:- • '5. Specific commodities to be packed and sold in recommended standard packages: The commodities specified in the Third Schedule shall be packed for sale, distribution or delivery in such standard quantities as are specified in that Schedule: • Provided that if a commodity specified in the Third Schedule is packed in a size other than that prescribed in that Schedule, a declaration that 'Not a standard pack size under the Standards of Weights and Measures (Packaged Commodities) Rules, 1977' or 'non standard size under the Standards of Weights and Measures (Packaged Commodities) Rules, 1977' shall be made prominently on the label of such package.'.

  23. Weighing facility.- • '23 (A). (1) All retailers who are covered under the Value Added Tax [VAT] or Turn Over Tax (TOT) and dealing in packaged commodities whose net content declaration is by weight or volume or a combination thereof shall maintain a electronic weighing machine of at least accuracy class III, with smallest division of atleast 1 g, with facility to issue a printed receipt indicating among other things, the gross quantity, price and the like at a prominent place in their retail premises, free of cost, for the benefit of consumers. • (2) The consumers may check the weight of their packaged commodities purchased from the shop on such balances as referred to in sub-rule (1).

  24. Affixing individual stickers [labels] • 1B) It shall not be permissible to affix individual stickers [labels] on the • package for altering or making declaration required under these rules: • Provided that for reducing the Maximum Retail Price (MRP), a sticker with • the revised lower MRP (inclusive of all taxes) may be affixed and the same should not cover the MRP declaration made by the manufacturer or the packer as the case may be, on the label of the package. • (1C ) It shall be permissible to use stickers for making any declarations other • than the declaration required to be made under these rules.';

  25. Rule 23 • No whole sale dealer or retails shall sell ,distribute ,deliver display or store for sale any commodity in packed form unless the package complies with all respect the provision. • No retail dealer or other person shall sell the package at a price higher than MRP. The sale distribution or delivery of wholesaler to a retailer shall be retail sale for the purpose of this rule. • Provision for revising the price due to tax revision provided under [4] shall not be available for item exempted from declaration of month and year, • No retail dealer or other person shall alter the price declared and manufacturershall not also alter once used for packing

  26. NET QUANTITY CHECKING • a) the statistical average of the net quantity contained in the packages drawn as samples under that rule is lesser than the quantity declared on the packages or on the labels affixed thereto, or • (b) any such package shows an error in deficiency greater than the maximum permissible error, or • (c) any such package does not bear thereon or on label affixed thereto the declarations to be made under these rules,

  27. Manner of selection of samples LOT size sample size > 4000 32 < 4000 80 Sample selection at godown : random selection from every batch ,picked from the top ,bottom ,center ,left ,front and rear of stock On line sampling: empty marked tare weighed container be introduced at random in packing process

  28. Requirement at filling premises-[R 24-26] Statistical average of the net quantity in sample packages shall be >= the quantity declared on the package. All packages shall bear thereon or a label affixed thereto the requirement as per rules.

  29. Maximum permissible error allowed on net content Declared quantity Max permissible error In g or ml as% g or ml <=50 9 50 to 100 4.5 • to 200 4.5 • to 300 9.0 300 to 500 3.0 500 to 1000 15 1000 to 10000 1.5 10000 to 15000 150 >15000 1.0

  30. Provision of export packages [R 30] • Legible information that it is intended for export and net weight • Identity and net weight • Name and address of manufacturer • Export packages to comply with the laws of the country to which they are exported. • No export packages shall be sold in India unless it complies with the requirement of retail packages [R 32]

  31. Imported packages [Rule 33] • Name and address of importer. • Name and address of manufacturer if not declared on the package. • Generic name of commodity • Net quantity in term of standard unit • Month and year of packing • Retail sale price • Declaration could be printed, affixed on a card or tape fixed firmly to the packages. • Shall be given in English or Devnagri • All schedule are required to be complied with.

  32. Registration of manufacturer /packers and importers-[R 35-36] • Every packer/manufacturer/importer shall get himself registered with controller Lm • The proforma shall contain: • Name of the applicant • Address of the applicant • Name of commodity or commodities pre packed or imported. • Registered of shorter address permissible

  33. Penalty for violations of PC rules • Under packaged commodities Rules-tampers ,obliterates, alters any declaration made on the package with fine which may extend to Rs2000/

  34. NEW AMMENDMENT • G.S.R. 425(E).- In exercise of the powers conferred by section 83 of the Standards of Weights and Measures Act, 1976 (60 of 1976) , the Central Government hereby makes the following rules further to amend the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, namely ) Save as otherwise provided in these rules, they shall come into force immediately on the expiry of 180 days from the date of their publication in the Official Gazette.] ] • The initial enforcement steps may only be in the nature of investigational surveys . Any deficiency noticed should be brought to the notice of the concerned . This is being suggested to provide an opportunity to manufacturers to update their label declarations and the seller to put in place an appropriate weighing equipment . This approach may be continued upto 30th April 2007 and it is expected that in this initial period there would be no prosecution • 2) Manufacturers may be permitted to affix individual sticker to declare the details of consumer care cell upto 30th June ,2007, so as to utilize the existing packaging materials.

  35. NEW PROVISIONS • The First Schedule (Maximum permissible errors in relation to the quantity contained in the individual package) and the Fourth Schedule Declaration of quantity in relation to commodities (sold by weight or volume ) which may be qualified by the words “When packed” and the additional information which the package or the label affixed thereto shall bear on it • (to the said rules shall be omitted with effect from the 1st day of May, 2008) • . In the Fifth Schedule Exceptions Referred to in rule 12(2)) to the said rules, in column 3, against item No 14, the words, 'or volume' shall be omitted. • ie ice cream and other similar frozen products shall declare the quantity in Weight only • . The Sixth Schedule The manner in which commodities intended to be sold by number shall be packed) to the said rules shall be omitted

  36. New provisions • In the Ninth Schedule to the said rules, for the word, 'batch', wherever it occurs, the word, 'lot' shall be substituted.  • In the Tenth Schedule to the said rules, (Determination of the net quantity of commodities contained in packages) • (a) Paragraph 7 ( Checking of unit price ) shall be omitted; • (b) in paragraph 8, (Checking of other declarations)(1) The declarations made on the package or on the label affixed thereto , 'and may be ensured either at the factory level or at the depot of the factory'.

  37. CLARIFICARION ISSUED Recently notified vide GSR425 (E) dated 17.07.2006 and the response thereto • 1) Rule 2(l) : In the definition of 'pre-packed commodity' ,industry have raised apprehension that the word 'opened' may be misused . • It is clarified that the intention is to include packages of bulbs ,ready made garments etc., which are kept in unsealed packages and are opened by consumers for examination. It is not intended to cover sealed packages ,opened subsequently. • 2) Rule 6(1A) –Whether it is necessary to declare the name of person in charge of consumer care cell – • It is clarified that declaration of designation of the person in charge of consumer care cell is deemed compliance of this Rule . • It is also clarified that where the manufacturer has no separate address for the consumer care cell, declaration of designation of the person (in charge of consumer care cell ) / the name of office (Consumer care cell, consumer complaint cell etc.,) ,telephone number and if available , e mail address along with name & address of manufacturer required under Rule 6(1) and mention on the package to this effect is deemed compliance of this Rule . • 3) Rule 6(1B)-Whether declarations required under the Rules can be made in one label and affixed on the package. • It is clarified that the provisions of the Rules prohibit affixing of stickers for making or altering individual declaration. There is no bar on affixing a label containing all the declarations required under the Rules. • 4) Rule 9(3)-The intent of the provision be explained • It is clarified that when a package has two wrappings, inner and outer , what is of concern to the consumer is outer wrapper . So there is no purpose of giving all declarations on inner wrapper. • 5) Rule 13(5)-Is it necessary to provide symbol N or U for item packed by number • It is clarified that where the commodities are sold by number , the declaration of quantity by number or pieces , will be deemed sufficient compliance of this provision, say 5 nos. or 5 pieces . • 6)Fifth Schedule –Declaration of net content of ice cream be made volume . • It is clarified that the declaration of net content of ice cream will be by weight . However if manufacturer wants to declare volume as an additional information , they can do so of their volition.

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