The Central Government, in exercise of its powers under the Legal Metrology Act, 2009 (the Act), has enacted the Legal Metrology (Packaged Products) Rules 2011 (Rules), which contain provisions relating to pre-packaged products intended for wholesale and retail trade in India. The 2017 Amendment Rules for Legal Metrology (Packaged Goods) (Amendment Rules) published on 23 June 2017 made important changes to the rules, in particular with regard to e-commerce businesses. The amending provisions entered into force on 1 January 2018. Recently, from August 22, 2022 to January 1, 2023, the Ministry of Consumer Affairs published an amendment to the Metrology (Packaged Products) Legislation, 2011. An addition was made pursuant to Rule 26 of the Rules of Procedure. Rule 26 provides exemptions under the Legal Metrology (Packaged Products) Rules 2011. The current Rule 26 exempts certain products from complying with the rules, they are The purpose of the government behind the application of these rules is to ensure that the citizens of India know and are informed about what they are buying. It also creates trust between manufacturers and consumers and also promotes transparency. In addition, it also helps the government catch fraudulent companies that might sell negligent items on the market. Amendments to the Legal Metrology Packaged Products Rules have opened up new areas for the inclusion of metric devices.
It`s best to avoid the web of these tangled rules and formalities and hire professionals to do it quickly and easily. CliniExperts has been dealing with legal metrology tasks for some time. We have helped many clients to apply for and obtain the appropriate licenses and certificates from the Legal Metrology Department. Finally, we also help you solve your respective problems. The content of this document does not necessarily reflect the views/positions of Khaitan & Co, but remains solely those of the author(s). For further questions or follow-up, please contact Khaitan & Co at legalalerts@khaitanco.com In the Legal Metrology Act of 2009, there are several rules to regulate the law more effectively. Here are the rules enacted under the law: While the rules provided for a transitional period of almost 6 months (i.e. from June 2017 to January 2018) for the implementation of the requirements of the amendment rules, we note that several e-commerce businesses have not yet fulfilled the obligations imposed on them by the amendment rules. Please note that failure to make the declarations required by the rules amounts to the sale of non-standard packages and will result in a penalty under the Legal Metrology Act 2009 which includes a fine or imprisonment or both. Therefore, we recommend that e-commerce businesses meet the above requirements immediately.
CliniExperts understands all the legal provisions of the new legal measurement rules and helps our clients to avoid such penalties. We help our clients review their existing products and processes to ensure the likelihood of imminent penalties. So let`s take a look at the changes that were made to the previous Legal Metrology Rules for Packaged Products, 2011. The Legal Metrology Act, 2009 (Legal Metrology Act), 2009, in conjunction with the Legal Metrology (Packaged Products) Rules 2011 (CP Rules), prescribes standard dimensions and quantities for the sale, manufacture, packaging and importation of goods, as well as labelling and reporting requirements for the manufacturer or packager. The main objective of this legislation is to ensure that the consumer of a “pre-packaged product” is informed of the information about the product and the manufacturer and makes an informed purchase. The term “prepackaged goods” means goods that are packed in packaging of any kind, sealed or unsealed, without the presence of the buyer, so that the product contained therein has a predetermined quantity. According to the new amendments, any violation of the legal rules of measurement without defined penalty must be sanctioned with a fee of INR 5000. The law also defines various fines for compound amounts, ranging from a minimum of INR 2000 to a maximum of INR 50,000. The amending provisions would do well to protect and strengthen the interests of consumers. The CP Rules reflect the requirements and compliance of other legislation and, therefore, exemptions have been included to exclude goods subject to the Food Safety and Standards Act, 2006 and the rules contained therein from the posting of declarations set out in the CP Rules.