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LEGAL METROLOGY (PACKAGED COMMODITIES) RULES, 2011

Authority : Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs) Notification GSR No. 202(E), dated 7-3-2011 as amended

In exercise of the powers conferred by sub-section (1) read with clause (j) and (q) of sub-section (2) of section 52 of the Legal Metrology Act 2009, (1 of 2010), the Central Government hereby makes the following rules, namely :-

RULE 1.Short title, and Commencement. (1) These rules may be called The Legal Metrology (Packaged Commodities) Rules, 2011.

(2)They shall come into force on the 1st day of April, 2011.

RULE 2. Definitions. In these rules, unless the context otherwise requires -

(a)Act means the Legal Metrology Act 2009, (1 of 2010);

(b)dealer in relation to any commodity in packaged form, means a person who, or a firm which carries on directly or otherwise, the business of buying, selling, supplying or distributing any such commodity whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes a commission agent who carries on such business on behalf of any principal, but does not include a manufacturer who manufactures any commodity which is sold or distributed in a packaged form except where such commodity is sold by such manufacturer to any other person other than a dealer;

(bb)  industrial consumer means the consumer who buys packaged commodities directly from the manufacturer or from an importer or from wholesale dealer for use by that industry and the package shall have declaration not for retail sale ;

(bc)  institutional consumer means the institution who hires or avails of the facilities or services in connection with transport, hotel, hospital or other organisation which buy packaged commodities directly from the manufacturer or from an importer or from wholesale dealer for use by that institution, and the package shall have declaration not for retail sale ;

(c)  lot means -

(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;

(d)  manufacturer in relation to any commodity in packaged form, means a person who or a firm which produces, makes or manufactures such commodity and includes a person or firm which puts, or causes to be put, any mark on any packaged commodity, not produced, made or manufactured by him or it, and the mark claims the commodity in the package to be a commodity produced, made or manufactured by such person or firm as the case may be;

(e) Maximum permissible error , in relation to the quantity contained in an individual package, means an error in deficiency which, subject to the provision of these rules, does not exceed the limits specified in the First Schedule;

(f) 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;

(g)  packer means a person who, or a firm which pre-packs any commodity, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale whether wholesale or retail;

(h) principal display panel , in relation to a package, means the total surface area of the package where the information required under these rules are to be given in the following manner, namely :-

(i)all the information could be grouped together and given at one place; or

(ii)the pre-printed information could be grouped together and given in one place and online information grouped together in other place;

(i) quantity in relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package;

(j) retail dealer in relation to any commodity in packaged form means a dealer who directly sells such packages to the consumer and includes, in relation to packages as are sold directly to the consumer, a wholesale dealer who makes such direct sale to the consumer.

(k)retail package means the packages which are intended for retail sale to the ultimate consumer for the purpose of consumption of the commodity contained therein and includes the imported packages :

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Provided that for the purposes of retail food package , the definition of the same contained in the rules or regulations made under the Food Safety and Standards Act, 2006 (34 of 2006) shall apply.

(l) retail sale , in relation to a commodity, means the sale, distribution or delivery of such commodity through retail sales shops, agencies or other instrumentalities for consumption by an individual or a group of individuals or any other consumer;

(m) retail sale price means the maximum price at which the commodity in packaged form may be sold to the ultimate consumer and the price shall be printed on the package in the manner given below;

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