उपभोक्ता मामले विभाग
WM- 8(1)/2005
Government of India
Ministry of Consumer Affairs, Food & Public Distribution
Department of Consumer Affairs
Krishi Bhawan
New Delhi
Dated: 7th June, 2007
To
The Controller of Legal Metrology,
All States/UTs.
Subject: GSR 425(E) dated 17.7.2006 – Amendment to the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 – Further Guidelines for implementation thereof.
Sir/Madam,
I am to draw your kind attention to this Deptt.’s earlier guidelines vide letter of even number dated 12th January, 2007 (copy enclosed). Accordingly, the manufacturers have been permitted to affix inpidual sticker to declare the details of consumer care cell upto 30th June, 2007, so as to utilize the existing packaging materials.
2. As for Rule 23A is concerned, it is felt that adequate publicity needs to be made by the centre as well as by States to make the consumer friendly measure disseminated to all stake holders.
3. Accordingly it has been decided to implement the provisions of Rule 23A w.e.f. 1-5-08, whereon the amendment made Rule 2(i) and Rule 11 comes into force.
4. The enforcement authorities of your State may accordingly be instructed for due compliance of the above guideline. In the meantime necessary steps may be taken as stated in para 2.
Yours faithfully,
(R. Mathurbootham)
Director (Legal Metrology)
Tel. No.23389489
Fax. No.23385322
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No.WM-10(8)/2005
Government of India
Ministry of Consumer Affairs, Food & Public Distribution
Department of Consumer Affairs
Krishi Bhawan, New Delhi
Dated: the 5th July, 2007
To,
All Major Industries & Trade Associations.
Subject: Amendment to the Packaged Commodities rules vide GSR 425 (E) dated 17/7/2006 - Further Guidelines for implementation thereof
Sir/ Madam,
I am to draw your kind attention to this Department's earlier letter of even number dated 12th January, 2007 on the above subject, wherein the following guidelines were issued:-
(1) Prosecution may not be launched upto 30/4/2007.
(2) Manufacturers be permitted to use inpidual stickers to declare
Consumer Care details upto 30/6/2007.
2. Central Government has received representations from industries seeking more time to effect the changes on the packages keeping in view the time taken in redesigning labels, putting into place a redressal mechanism etc. They have also referred to the impact of changes in other laws relating to labels on packages.
3. Taking into account the practical problems faced by the Industry, Central Government has taken the following decisions:
(a) Extra time may be permitted to manufacturers/importers/retailers for liquidating their existing inventories of labels/packages. This is subject to the condition that no package that does not conform to the provisions of amended Rules shall be sold or offered for sale after 31/12/2007. It will be incumbent upon manufacturers/importers to ensure appropriate linkages with their entire retail network to ensure compliance.
b) Packages that are not found complying with the amended Rules and sold or offered for sale after 31/12/2007 will attract penal provisions under section 63 of the Standards of Weights and Measures Act ,1976.
4. The State Governments are accordingly advised to allow to manufacturers/ importers/ packers and dealers time upto 31/12/2007 for complying with labelling requirements under the Packaged Commodities Rules. State Governments are further advised not to launch prosecution or take other coercive action till that date and to utilize this time to educate the manufacturers/ retailers etc. about the new requirements of law.
5. A question has also arisen about the status of packages manufactured prior to 14/1/2007. It is clarified that since the amendments to the Packaged Commodities Rules vide Notification dated 17/7/2006 became effective from 14/1/2007, packages that are manufactured/imported/ packed prior to that date (14/1/2007) will be exempt from the additional labelling requirements introduced vide Notification dated 17/7/2006.
Yours faithfully,
Director (Legal Metrology)
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No.WM-10(8)/2005
Government of India
Ministry of Consumer Affairs, Food & Public Distribution
Department of Consumer Affairs
Krishi Bhawan, New Delhi.
Dated the 5th July, 2007
To,
The Controller, Legal Metrology
All States and UTs.
Subject: Amendment to the Packaged Commodities rules vide GSR 425 (E) dated 17/7/2006 - Further Guidelines for implementation thereof
Sir/ Madam,
I am to draw your kind attention to this Department's earlier letter of even number dated 12th January, 2007 on the above subject, wherein the following guidelines were issued:-
(1) Prosecution may not be launched upto 30/4/2007.
(2) Manufacturers be permitted to use inpidual stickers to declare Consumer Care details upto 30/6/2007.
2. Central Government has received representations from industries seeking more time to effect the changes on the packages keeping in view the time taken in redesigning labels, putting into place a redressal mechanism etc. They have also referred to the impact of changes in other laws relating to labels on packages.
3. Taking into account the practical problems faced by the Industry, Central Government has taken the following decisions:
(a) Extra time may be permitted to manufacturers/importers/retailers for liquidating their existing inventories of labels/packages. This is subject to the condition that no package that does not conform to the provisions of amended Rules shall be sold or offered for sale after 31/12/2007. It will be incumbent upon manufacturers/importers to ensure appropriate linkages with their entire retail network to ensure compliance.
b) Packages that are not found complying with the amended Rules and sold or offered for sale after 31/12/2007 will attract penal provisions under section 63 of the Standards of Weights and Measures Act ,1976.
4. The enforcement authorities of your State may accordingly be advised to allow manufacturers/ importers/ packers and dealers time upto 31/12/2007 for complying with labelling requirements under the Packaged Commodities Rules. They may also be further advised not to launch prosecution or take other coercive action till that date and to utilize this time to educate the manufacturers/ retailers etc. about the new requirements of law.
5. A question has also arisen about the status of packages manufactured prior to 14/1/2007. It is clarified that since the amendments to the Packaged Commodities Rules vide Notification dated 17/7/2006 became effective from 14/1/2007, packages that are manufactured/ imported/packed prior to that date (14/1/2007) will be exempt from the additional labelling requirements introduced vide Notification dated 17/7/2006.
Yours faithfully,
Director (Legal Metrology)
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WM-10(8)/2005
Government of India
Ministry of Consumer Affairs, Food and Public Distribution
Department of Consumer Affairs
Legal Metrology Unit
Krishi Bhavan, New Delhi
Dated 12.01.2007
To
The Controller of Legal Metrology,
All States/UTs
Subject: GSR 425(E) dated 17.7.2006- Amendment to the Standards of Weights and Measures ( Packaged Commodities ) Rules, 1977- –Guidelines for implementation thereof.
Sir,
As you are aware , the amended provisions of the Packaged Commodities Rules,1977 were notified vide GSR 425 (E) dated 17.7.2006. With the exception of amendment to Rule 2(i) , Rule 11, First Schedule and Fourth Schedule ,the rest of the amendment comes into force on expiry of 180 days i.e with effect from 14.1.2007.
As the amendment provide for some new provisions , to enable smooth transition in implementation , the following guidelines are being issued .
1) Efforts may be made to give wide publicity to these changes so as to spread awareness amongst manufacturers/wholesalers /retailers
2) 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.
2) Manufacturers may be permitted to affix inpidual sticker to declare the details of consumer care cell upto 30th June ,2007, so as to utilize the existing packaging materials.
The industries while welcoming the amended provisions which are consumer friendly ,have sought clarification on certain provisions through representations made to the Government and during deliberations held to discuss the issue . The queries and the response thereto is Annexed herewith.
Accordingly ,you may instruct the enforcement authorities of your State for due compliance of the above guidelines .
Yours faithfully,
Director, Legal Metrology
Ph: 23385344
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WM-10(8)/2005
Government of India
Ministry of Consumer Affairs, Food and Public Distribution
Department of Consumer Affairs
Legal Metrology Unit
Krishi Bhavan, New Delhi
Dated 12.01.2007
To
All Major industry Associations
Subject: GSR 425(E) dated 17.7.2006- Amendment to the Standards of Weights and Measures ( Packaged Commodities ) Rules, 1977- –Guidelines for implementation thereof.
Sir,
As you are aware , the amended provisions of the Packaged Commodities Rules,1977 were notified vide GSR 425 (E) dated 17.7.2006. With the exception of amendment to Rule 2(i) , Rule 11, First Schedule and Fourth Schedule ,the rest of the amendment comes into force on expiry of 180 days i.e with effect from 14.1.2007.
As the amendment provide for some new provisions , to enable smooth transition in implementation , the following guidelines are being issued .
1) Efforts may be made to give wide publicity to these changes so as to spread awareness amongst manufacturers/wholesalers /retailers
2) 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.
2) Manufacturers may be permitted to affix inpidual sticker to declare the details of consumer care cell upto 30th June ,2007, so as to utilize the existing packaging materials.
The industries while welcoming the amended provisions which are consumer friendly ,have sought clarification on certain provisions through representations made to the Government and during deliberations held to discuss the issue . The queries and the response thereto is Annexed herewith.
Accordingly ,you may like to inform your members advise of the above guidelines .
Yours faithfully,
Director, Legal Metrology
Ph: 23385344
ANNEXE
Queries raised by industries on the amended provisions of the Standards of Weights and Measures (Packaged Commodities ) Rules,1977 notified vide GSR425 (E) dated 17.07.2006 and the response thereto
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 inpidual 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.
Director, Legal Metrology
Ph: 23385344
