LEGISLATION
The Standards of Weights and
Measures Act,1976
 The standards of weight and
measures (Enforcement)act,1985
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CONSTITUTION PROVISION
Establishment of Standard of Weights and
Measures-Under UNION LIST –Entry 50
 Weight and Measures expect establishment
of standards-under CONCURRENT LISTEntry 33 A
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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
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‘2A.’ Applicability of the
ChapterThe 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.
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“pre-packed commodity”
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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
“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
“Group Package”
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means a package intended for retail
sale, containing two or more individual
packages, or individual pieces, of
similar, but not identical commodities
–OMITTED NOW
“Wholesale package”
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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.
“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;
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Institutional consumer/ Industrial Consumer
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'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.’]
“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;
“NET QUANTITY”
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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;
9. MANNER IN WHICH
DECLARATION SHALL BE
MADE.
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(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 thatWhere 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.
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
Declaration of name and address of the manufacturer
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'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.'.
MANNER IN WHICH DECLARATION OF QUANTITY
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(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.
When expressing a quantity of equal to or more than
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(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'.
Minimum height of
numerals
Net Qty Minimum Height in mm
 In Wt /
normal blown/mold
 Vol
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<=200ml
 >=200ml<=500ml
 >500ml
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1
2
4
2
4
6
Symbols for units [R 13]
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Unit
Symbol
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
STATMENT OF UNITS OF WEIGHT, MEASURE OR
NUMBER
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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.
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
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Specific commodities to be packed and
sold in recommended standard
packages
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Rule 5 of the said rules, the following rule shall be
substituted, namely:-
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'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:
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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.'.
Weighing facility.
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'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).
Affixing individual stickers
[labels]
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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.';
Rule 23
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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 manufacturer shall not also
alter once used for packing
NET QUANTITY
CHECKING
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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,
Manner of selection of samples
LOT size
> 4000
< 4000
sample size
32
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
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.
Maximum permissible error
allowed on net content
Declared quantity
In g or ml
<=50
50
to 100
100
to 200
200
to 300
300 to 500
500 to 1000
1000 to 10000
10000 to 15000
>15000
Max permissible error
as%
g or ml
9
4.5
4.5
9.0
3.0
15
1.5
150
1.0
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]
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Imported packages [Rule
33]
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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.
Registration of manufacturer
/packers and importers-[R 3536]
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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
Penalty for violations of
PC rules
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Under packaged commodities Rulestampers ,obliterates, alters any
declaration made on the package with
fine which may extend to Rs2000/
NEW AMMENDMENT
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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.]
]
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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
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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.
NEW PROVISIONS
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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
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(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
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. The Sixth Schedule The manner in which commodities intended to be sold by
number shall be packed) to the said rules shall be omitted
New provisions
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In the Ninth Schedule to the said rules, for the word,
'batch', wherever it occurs, the word, 'lot' shall be
substituted.
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In the Tenth Schedule to the said rules, (Determination
of the net quantity of commodities contained in
packages)
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(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'.
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CLARIFICARION ISSUED Recently notified vide GSR425 (E) dated 17.07.2006 and
the response thereto
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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.