Legal update on legal metrology (packaged commodities) (third amendment) rules, 2022

The present legal update summaries the Legal Metrology (Packaged Commodities) (Third Amendment) Rules, 2022 (“Amendment”) issued by the Ministry of Consumer Affairs, Food and Public Distribution vide Notification dated 22nd August 2022.

I. INTRODUCTION:

Recently, the Ministry of Consumer Affairs, Food, and Public Distribution notified the Amendment to further amend the Legal Metrology (Packaged Commodities) Rules, 2011 (“Rules”). The said Amendment which comes into force with effect from 1st January 2023, inserts a new clause under Rule 26 of the Rules. The Rule 26 of the Rules exempts certain packages from the compliance of the Rules.

II. EXEMPTION AS PROVIDED UNDER THE AMENDMENT:

The Amendment comes as a big relief to garment/ hosiery industry selling finished products in loose or open market as they have been exempted from the compliance under the Rules.

As per the Amendment, the garment or hosiery commodities shall not be bound to comply to the Rules, if the following conditions are fulfilled –

i. Such commodity is a finished product of garment/ hosiery

ii. it is sold in loose or open at the point of sale;

iii. the consumer can inspect the product before buying

However, such products shall bear the following details –

i. Name and address of the manufacturer or marketer or brand owner or importer with country of origin or manufacture in case of imported products;

ii. email address and phone number of Consumer care;

iii. Sizes with internationally recognizable size indicators such as S, M, L, XL, XXL and XXXL along with details in metric notation in terms of cm or m, as the case may be; 

iv. MRP of the package shall be inclusive of all taxes in Indian currency;

Further, it has also been clarified that the above information shall be displayed on e-commerce website if such product is sold through e-commerce.