In recent past, the Legal Metrology (Packaged Commodities) Rules, 2011 (‘LMPC Rules’) witnessed significant amendments including declaration of Unit Sales Price (‘USP’), Month & Year of Manufacture (instead of Month & Year of Import) etc. However, effective date of these amendments was postponed time and again. As per latest extension, these amendments will be effective from January 1, 2024.

Vide Notification I-10/22/2021-W&M dated October 13, 2022, the Government proposed another set of amendments for which comments of concerned stakeholders were invited. The Government has now notified the Legal Metrology (Packaged Commodities) Amendments Rules, 2023 vide Notification No. G.S.R. 722(E) dated October 6, 2023 and implemented most of such proposed amendments. Most of these amendments will also be effective from January 1, 2024 whereas few amendments are applicable from April 1, 2024.

Through this Outlook, we are highlighting gist of key amendments:

Amendments relating to USP for combination package, group package and multi-piece package

• Exemption from declaring USP has been provided for combination package, group package and multi-piece package. These packages have been defined as under:

(Effective from January 1, 2024) 

NITYA Comments: These expressions were identically defined in the erstwhile Standards of Weights & Measures (Packaged Commodities) Rules, 1977 (‘SWM Rules’). 

Exemption from declaring USP will provide significant relief to businesses since this requirement was posing lot of practical difficulties. Some businesses took an interpretation that since such packages form a single kit, they fall under exemption provided to single units from declaring USP. 

Exemption provided to multi-piece packages seems to be against legislature’s intent since it may pose difficulties in comparing different packages having different quantities. This is particularly relevant since businesses offer discount on multi-piece packages and therefore USP of multi-piece package and individual packages might be different.

Amendments relating to Spare Parts & Accessories and Electronic Products

• Requirement to declare Month & Year of Manufacture on Spare Parts & Accessories used for warranty servicing has been dispensed. However, such declaration is necessary when Spare Parts & Accessories are sold to end customers (including used in after-sales servicing).

• For Electronic Products and Spare Parts & Accessories of all goods, Month & Year of Manufacture can be declared anywhere on retail package.

      (Effective from April 1, 2024)

NITYA Comments: This exemption will have limited relevance since most OEMs have common set of Spare Parts & Accessories that cater to warranty servicing as well as after-market operations. Thus, segregation of goods for claiming this exemption may not be practically possible. 

Flexibility to mention Month & Year of Manufacture anywhere on package will benefit Business Entities including situations where there is space constraint on labels.

Exemption from declarations in certain cases

• Partial exemption from the LMPC Rules has been provided for loose commodities sold through E-commerce channels provided consumers are aware of ordered commodity, its type and quantity. 

NITYA Comments: The LMPC Rules do not apply to loose commodities. Hence, no exemption is needed at first place. However, to avoid disputes, businesses generally make declarations on loose commodities and such businesses can claim benefit of said exemption.

• Option to declare size only in metric notation (in cm or m) on garments or hosiery products sold in loose. Alternatively, size can be declared in internationally recognizable sizes such as S, M, L, XL, XXL and XXXL along with details in metric notation (in cm or m).

(Effective from January 1, 2024)