The Ministry of Consumer Affairs, Food and Public Distribution vide its Notification dated 22nd August, 2022 has notified Legal Metrology (Packaged Commodities) (Third Amendment) Rules, 2022 to insert a new clause in rule 26 of Legal Metrology (Packaged Commodities) Rules, 2011 which pertains to exemptions available in respect of certain packaged commodities.
This notification shall come into force w.e.f. 1st January, 2023.
Amendment:
In rule 26, after clause (e), the following clause shall be inserted:
“(f) such commodities being a garment or hosiery is sold in loose or open at the point of sale in such manner that the consumer can inspect the products before buying:
Provided that such product shall bear the following details, namely:
(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) consumer care email id and phone number;
(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) maximum retail price of the package inclusive of all taxes in Indian currency:
Provided further that the exemption under this clause shall apply to sale of finished products alone:
Provided also that the above information shall be displayed on e-commerce website if such product is sold through e-commerce:
Provided also that any manufacturer or packer or importer may, notwithstanding the date of commencement of this clause, declare the above information with immediate effect.”
Author’s view: This amendment is indeed a welcoming change in the packaged commodities rules as, w.e.f. 1st January, 2023, there would be no need for sellers of finished garments or hosiery to follow the packaged commodities rules when the same is sold in loose or open form, for e.g., local garments shop. However certain conditions are needed to be fulfilled to take benefit of exemption under rule 26. Further, any manufacturer or packer or importer may, notwithstanding the date of commencement of this clause, shall declare the information as provided in the clause with immediate effect.
The conditions to be fulfilled to claim exemption under this rule are as follows:
- the product is a garment or hosiery;
- it is sold in loose or open form;
- in such manner that the consumer can inspect the products before buying;
- it shall bear:
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. consumer care email ID and phone number;
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 inclusive of all taxes in Indian currency.
- it is a finished product;
- if sold through e-commerce platform, the above info must be displayed.
Also Read: Centre amends Legal Metrology (Packaged Commodities) Rules 2011
Full Text of the Notification is as follows:-
MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
(Department of Consumer Affairs)
NOTIFICATION
New Delhi, the 22nd August, 2022
G.S.R. 648(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. (1) These rules may be called the Legal Metrology (Packaged Commodities) (Third Amendment) Rules, 2022.
(2) They shall come into force on 1st January, 2023.
2. In the Legal Metrology (Packaged Commodities) Rules, 2011, in rule 26, after clause (e), the following clause shall be inserted, namely:-
“(f) such commodities being a garment or hosiery is sold in loose or open at the point of sale in such manner that the consumer can inspect the products before buying:
Provided that such product shall bear the following details, namely:-
(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) consumer care email id and phone number;
(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) maximum retail price of the package inclusive of all taxes in Indian currency: Provided further that the exemption under this clause shall apply to sale of finished products alone:
Provided also that the above information shall be displayed on e-commerce website if such product is sold through e-commerce:
Provided also that any manufacturer or packer or importer may, notwithstanding the date of commencement of this clause, declare the above information with immediate effect.”.
[F. No. WM-10/25/2022] ANUPAM MISHRA, Jt. Secy.
Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 202(E), dated the 7th March, 2011 and was last amended vide number G.S.R. 577(E), dated the 14th July, 2022.
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