Legal Metrology(Packaged Commodities) Amendment Rules, 2023

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 569] NEW DELHI, FRIDAY , OCTOBER 6, 2023/ ASVINA 14, 1945 CG-DL-E-06102023-249218 MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Consumer Affairs) NOTIFICATION New Delhi, the 6th October , 2023 G.S.R. 722(E).—In exercise of the powers conferred by sub -section (1), read with clauses (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 further to amend the Legal Metrology (Packaged Commodities) Rules, 2011, namely: - 1. Short title and commencement. – (1) These rules may be called the Legal Me trology (Packaged Commodities) Amendment Rules, 2023. (2) Save as otherwise provided, these rules shall come into force on the 1st day of January, 2024. 2. In the Legal Metrology (Packaged Commodities) Rules, 2011 (hereinafter referred to as the said rule s), in rule 2, after clause (k), the following clauses shall be inserted, namely: - ‘(ka) "combination package" means a package intended for retail sale, containing two or more individual packages, or individual pieces, of dissimilar commodities; Illustr ation: A package containing dissimilar commodities such as, spoons, knives, forks, cups, napkins, or the like is a combination package; (kb) "group package" means a package intended for retail sale, containing two or more individual packages, or individu al pieces, of similar, but not identical (whether in quantity or size) commodities. Explanation : Commodities which are generally the same but differ in weight, measure or volume, appearance or quality are similar, but not identical commodities. Illustrations: (i) A package containing, - Two sponges -100 mmx 75 mm x 20 mm One sponge -100 mmx 100 mm x 30 mm Four sponges -100 mmx 50 mm x 15 mm is a group package; (ii) A package containing assorted biscuits is a group package; (iii) A package con taining similar commodities of different brands is a group package; (kc) "multi -piece package" means a package containing two or more individual packaged or labelled pieces of the same commodities of identical quantity, intended for retail sale, either i n individual pieces or the package as a whole: Provided that for packages containing food articles, the provisions of the Food Safety and Standards Act, 2006 (34 of 2006) and the rules made thereunder shall apply. Illustration: (i) A package containi ng "5 toilet soap cakes of net weight 20g each and total net weight of 100 g" is a multi -piece package;’; 3. In the said rules, in rule 6, in sub -rule (1), in clause (d) after the third proviso, the following shall be inserted with effect from the 1st day of April, 2024, namely: - “Provided also that nothing contained in this clause shall apply to spare parts and accessories used for the purpose of servicing with a warranty and not sold to end customers: Provided also that for electronic products, spare parts and accessories, the declaration of month and year of manufacture shall be specified anywhere on the retail package in a visible and clearly legible manner. Explanation : For the purpose of this clau se, “spare parts and accessories shall include any “part”, “component”, or “accessories that are complementary to the main or core product” of a machine, device or equipment, by whatever name called, including parts that are sold separately for use in supp ort or replacement of a damaged or worn -out part, in order to have intended operation or functioning of the machine, device or equipment.". 4. In the said rules, in rule 6, in sub -rule (11), after the second proviso, the following proviso shall be insert ed, namely: - “Provided also that declaration of unit sale price is not required for a combination package or a group package or a multi -piece package, under these rules or under any other law for the time being in force.”. 5. In the said rules, in rule 26 , in clause (f), in the first proviso, for item (iii), the following item shall be substituted, namely: - “(iii) size of the product in metric notation in terms of cm or m, as the case may be, or with internationally recognizable size indicators such as S, M, L, XL, XXL and XXXL along with details in metric notation in the terms of cm or m, as the case may be;”. 6. In the said rules, in rule 26, after clause (f), the following clause shall be inserted, namely: - “(g) it contains loose commodities ordered thr ough e -commerce channels, where consumers are aware of the ordered commodity, its type and quantity: Provided that such commodities shall bear the following information, namely: - (i) name and address of manufacturer or marketer or brand owner or impor ter or seller with the country of origin or manufacture in the case of imported products; (ii) consumer care email id and phone number; (iii) retail sale price of the package inclusive of all taxes in the Indian currency; and (iv) net quantity, in terms of the standard unit of weight or measure, or where the commodity is sold by number, the number of the commodity. 7. In the said rules, in the FOURTH SCHEDULE, against serial number (11), for the entry in column 3, the entry “weight or volume and if the net quantity is declared by volume, the net quantity shall also be declared by weight” shall be substituted. [F. No. I -10/22/2021 -W&M] NIDHI KHARE , Special Sec y. Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i) vide G.S.R. number 202 (E), dated the 7th March, 2011 and was last amended vide number G.S.R. 714 (E), dated 30th September, 2023. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.