Alerts & Updates 29th Mar 2022

Legal Metrology (Packaged Commodities) Amendment Rules, 2022

Authors

Stella Joseph Partner | Mumbai
Prakhil Mishra Senior Associate | Delhi NCR
Pulkit Devpura Associate | Mumbai

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This update is regarding the recently notified Legal Metrology (Packaged Commodities) Amendment Rules, 2022

  • Background

    The Government of India has on March 28, 2022, notified an amendment in Legal Metrology (Packaged Commodities) Rules, 2011 (“PCR”) which shall come into force from 1st day of October 2022.

    With this amendment, certain clarifications have been provided by the Government in relation to compliance with the new requirements introduced by way of Legal Metrology (Packaged Commodities) Amendment Rules, 2022 (Amendment Rules 2021). Further, an extension is also granted to comply with the Amendment Rules 2021.

  • Key Highlights

    1. Clarification as regards new requirement of declaring the Unit Sale Price (USP):

    • The USP declared on the pre-packaged commodities shall be rounded off to the nearest two decimal place.
    • This means that if the net quantity/length/volume/number of the commodity is less than 1 kg/metre/litre/number, then the USP of the commodity shall be declared per gram/centimetre/millilitre/number, respectively.
    • If the net quantity/length/volume/number of the commodity is more than 1 kg/metre/litre/number, then the USP of the commodity shall be declared per kg/metre/litre/number, respectively.
    • It is however provided that the declaration of USP is not required for the pre-packaged commodities in which retail sale price is equal to the USP.
    • It is also provided that for packages containing alcoholic beverages or spirituous liquor, the State Excise Laws and the rules made thereunder shall be applicable within the State in which it is manufactured.

    2. Extension – The Government has extended the timeline of implementation of the amendments brought under PCR by way of Legal Metrology (Packaged Commodities) Amendment Rules, 2021 notified on November 2 2021, from April 1 2022 to October 1 2022.

  • Next Steps

    By way of extension, the manufacturers, importers and traders have been provided additional time to comply with the Amendment Rules 2021. Post October 1 2022, all the manufacturers, importers and traders would be required to reassess and revise the packaging of commodity to be in compliant with the new rules.

  • We trust you will find this an interesting read. For any queries or comments please feel free to contact us at insights@elp-in.com

Disclaimer: The information provided in this update is intended for informational purposes only and does not constitute legal opinion or advice.