GSR 425(E) dated 17-7-2006 - Amendment to the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 - Guidelines for implementation thereof - Central Excise - WM-10(8)/2005

Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer Affairs, Legal Metrology Unit, letter WM-10(8)/2005 Dated 12-1-2007 Subject : GSR 425(E) dated 17-7-2006 - Amendment to the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 - Guidelines for implementation thereof. 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 up to 30th April 2007 and it is expected that in this initial period there would be no prosecution. (3) Manufacturers may be permitted to affix individual sticker to declare the details of consumer care cell up to 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 . Annexure Queries raised by industries on the amended provisions of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 notified vide GSR 425(E), dated 17-7-2006 and the response thereto (1) Rule 2(1) - 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.