The Standards of Weights and Measures (Packaged Commodities) Rules, 1977

The  Standards of Weights and Measures (Packaged Commodities) Rules, 1977 G.S.R. 622 (E), dated 26th September, 1977.- In exercise of the powers conferred by Sec. 83 of the Standards of Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby makes the following rules, namely: 1. Short title, extent, application and commencement.- (1) These rules may be called the  Standards of Weights and Measures (Packaged Commodities) Rules, 1977. (2) They shall extend to the whole of India. (3) They shall apply to commodities in the packaged form which are, or are intended or likely to be- (i) sold, distributed or delivered or offered or displayed for sale, distribution or delivery, or (ii) stored for sale, or for distribution or delivery, in the course of inter-State, trade or commerce. (4) They shall come into force on such date as the Central Government may, by notification, appoint, and different dates may be appointed for- (i) different provisions of these rules, and (ii) different commodities or classes of commodities. and any reference in any provision to the commencement of these rules shall be construed as a reference to the coming into force of that provision or the coming into force of these rules in relation to any commodity or classes of commodities, as the case may be Provided that they shall come into force in the State of Sikkim on the date on which Chapter IV of Part IV of the Act comes into force in that State. Comment Corrigendum.- In the garb of corrigendum a rule cannot be altered and/or changed. 2. Definitions.- In these rules, unless the context otherwise requires.- (a) "Act" means the Standards of Weights and Measures Act, 1976 (60 of 1976): (b) "batch" means - (i) in the case of packages which have been stored, where the total number of such packages does not exceed 100, all such packages and where the total number exceeds 100 but does not exceed 10,000 all the packages of the same type and of the same production run: (ii) in the case of packages which are on or at the end of the packaging line, the maximum hourly output of package; (c) "combination package" means a package intended for retail sale containing two or more individual packages, or individual pieces, or dissimilar commodities; Illustration.- A package containing dissimilar commodities, such as, spoons, knives, forks, cups, napkins, or the like, is a combination package; (d) "dealer" , in relation to any commodity in packaged form, means a person who, or a firm or a Hindu undivided family which, carries on directly or otherwise, the business of buying, selling, supplying or distributing any such commodity, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes a commission agent who carries on such business on behalf of any principal, but does not include a manufacturer who manufactures any commodity which is sold or distributed in a packaged form except where such commodity is sold by such manufacturer to any other person other than a dealer; (e) "drained" weight in relation to a solid commodity contained in a free-flowing liquid, means the weight of such solid commodity after the liquid has been drained for a period of two minutes; (f) "fancy package: means a package, the container of which has a fancy trade value of its own in addition to the value of the commodity contained in such package; (g) "group package" means a package intended for retail sale, containing two or more individual packages, or individual 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 mm x 75 mm x 20 mm one sponge - 100 mm x 100 mm x 30 mm four sponges - 100 mm x 50 mm x 15 mm is a group package; (ii) a package containing assorted biscuits is a group package; (iii) a package containing similar commodities of different brands is a group package. (h) "manufacturer", in relation to any commodity in packaged form, means a person who, or a firm or a Hindu undivided family which, produces, makes or manufactures such commodity and includes a person, firm or Hindu undivided family who or which puts, or causes to be put, any mark on any packaged commodity, not produced, made or manufactured by him or it, and the mark claims the commodity in the package to be a commodity produced, made or manufactured, by such person, firm or Hindu undivided family, as the case may be; (i) "maximum permissible error", in relation to the quantity contained in an individual package, means an error in deficiency or excess which, subject to the provisions of these rules, does not exceed-   (i) in relation to the commodities specified in the First Schedule, the limits error specified in the Schedule;   (ii) in relation to commodities not specified in the First Schedule the limits of error specified in the Second Schedule ; (j) "multi-piece package means a package containing two or more individually packaged or labeled pieces of the same commodities of identical quantity, intended for retail sale, either in individual pieces or the package as a whole; Illustration.- A package containing "5 toilet soap cake, net weight 20 g each, total net weight 100 g" is a multi-piece package; (k) "packer" means a person who, or a firm, or a Hindu undivided family, which, pre-packs any commodity, whether in any bottle, tin, wrapper or otherwise; in units suitable for sale, whether wholesale or retail; (l) "pre-packed commodity" with its grammatical variations and cognate expressions, means a commodity which, without the purchaser being present, is placed in a package of whatever nature, so that the quantity of the product contained therein has a pre-determined value and such value cannot be altered without the package or its lid or cap, as the case may be, being opened or undergoing a perceptible modification, and the expression "package", wherever it occurs, shall be construed as a package containing a pre-packed commodity; Explanation [(1)] - Where, by reason merely of the opening of a package, no alteration is caused to the value, quantity, nature or characteristic of the commodity contained therein, such commodity shall be deemed, for the purposes of these rules, to be a pre-packed commodity, for example, an electric bulb or fluorescent tube is a pre-packed commodity, even though the package containing it is required to be opened for testing the commodity; Explanation II.- Where a commodity consists of a number of components and these components are packed in one, two or more units for sale as a single commodity, such commodity shall be deemed, for the purpose of these rules, to be a pre-packed commodity. (m) "principal display panel", in relation to package, means that part of a label which is intended, or is likely to be displayed, presented or shown or examined by the customer under normal and customary conditions of display, sale or purchase of the commodity contained in the package; (n) "quantity", in relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in the package; (o) "retail dealer" in relation to any commodity in packaged form means a dealer who directly sells such packages to the consumer and includes, in relation to such packages as are sold directly to the consumer, a wholesale dealer who makes such direct sale; (p) "retail package" means a package containing any commodity which is produced, distributed, displayed, delivered or stored for sale through retail sales agencies or other instrumentalities for consumption by an individual or a group of individuals; (q) "retail sale" in relation to a commodity, means the sale, distribution or delivery of such commodity through retail sales agencies or other instrumentalities for consumption by an individual or group of individuals or any other consumer; (r) "retail sale price" means the maximum price at which the commodity in packaged form may be sold to the ultimate consumer and where such price is mentioned on the package, there shall be printed on the package, the words ["Maximum or Max. retail price] ..... inclusive of all taxes [or in the form MRP Rs...... inclusive of all taxes. Explanation.- For the purpose of this clause 'maximum price' in relation to any commodity in packaged form shall include all taxes local or otherwise, freight, transport charges, commission payable to dealers, and all charges towards advertisement, delivery, packing, forwarding and the like, as the case may be. (s) omitted by GSR 50(E) dt. 17-1-1992. (t) "section" means a section of the Act; (u) "standard package" means a package containing the specified quantity of a commodity; (v) omitted by GSR 52(E) dt. 27-6-1995. (w) "wholesale dealer" in relation to any commodity in packaged form means a dealer who does not directly sell such commodity to any consumer but distributes or sells such commodity through one or more intermediaries; Explanation.- Nothing in this clause shall be construed as preventing a wholesale dealer from functioning as a retail dealer in relation to any commodity but where he functions in relation to any commodity as a retail dealer, he shall comply with all the provisions of these rules which a retail dealer is required by these rules to comply; (x) "wholesale package" means a package containing - (i) a number of retail packages, where such first mentioned package is intended for sale, distribution or delivery to an intermediary and is not intended for sale direct to a single consumer, (ii) a commodity sold to an intermediary in bulk to enable such intermediary to sell, distribute or deliver such commodity to the consumer in smaller quantities. CHAPTER II Provisions Applicable to Packages Intended for Retail Sale 3. Chapter to apply to packages intended for retail sale.- The provisions of this chapter shall apply to package intended for retail sale and the expression "package", wherever it occurs in this chapter, shall be construed accordingly. 4. Regulation for pre-packing and sale, etc. of commodities in packaged form.- On and from the commencement of these rules, no person shall pre-pack, or cause or permit to be pre-packed any commodity for sale, distribution or delivery unless the package in which the commodity is pre-packed bears thereon, or on a label securely affixed thereto, such declarations as are required to be made under these rules. [* * *] Explanation:- (Omitted by GSR 578(E) dt. 26-8-1993). 5. Specific commodities to be packed and sold only in standard packages.- On and from the commencement of these rules, no person shall pre-pack or cause or permit to be pre-packed any commodity for sale, distribution or delivery except in such standard quantities as are specified in relation to that commodity in the Third Schedule: Provided that the Central Government may, if it is satisfied that for any technical or mechanical reason it is not possible to pre-pack any commodity in the standard quantities as specified in the Third Schedule, authorize the pre-packing of such commodities in such quantities as it may specify. 6. Declaration to be made on every package.- (1) Every package shall bear thereon or on a label securely affixed thereto a definite, plain and conspicuous declaration, made in accordance with the provisions of this chapter as to- (a) the name and address of the manufacturer, or where the manufacturer is not the packer, of the packer or with the written consent of the manufacturer, of the manufacturer; (b) the common or generic names of the commodity contained in the package. Explanation.- Generic name in relation to a commodity means the name of the genus of the commodity, for example, in the case of common salt, sodium chloride is the generic name; (c) the net quantity, in terms of the standard unit of weight or measure of the commodity contained in the package or where the commodity is packed or sold by number, the number of the commodity contained in the package; (d) the month and year in which the commodity is manufactured or pre-packed; [(e) * * * ] (omitted by GSR 521 (E) dt. 26-6-1995) (f) the [retail sale price] of the package; (g) where the sizes of the commodity contained in the package are relevant, the dimensions of the commodity, contained in the package and if the dimensions of the different pieces are different, the dimensions of each such different piece; (h) such other matters as are specified in these rules: Provided that - (A) no declaration as to the month and year in which the commodity is manufactured or pre-packed shall be required to be made on- (i) any bottle containing liquid milk, liquid beverage containing milk as an ingredient, soft drink, ready-to-serve fruit beverages, or the like, which, is returnable by the consumer for being refilled; (ii) any package containing bread and any uncanned package of (a) vegetable (b) fruits, (c) ice-cream, (d) butter, (e) fish, (f) meat or (g) any other like commodity; 2.[(ii-a) liquid milk in pouches;] (iii) any package containing metallic product; (iv) any cylinder containing liquefied petroleum gas or any other gas; (v) any package containing chemical fertilizer; (B) where any packaging material bearing thereon the month in which any commodity was expected to have been pre-packed is not exhausted during that month, such packaging material may be used for pre-packing the concerned commodity produced or manufactured during the next succeeding month and not thereafter, but the Central Government may, if it is satisfied that such packaging material could not be exhausted during the period aforesaid by reason of any circumstances beyond the control of the manufacturer or packer, as the case may be, extend the time during which such packaging material may be used, and, where any such packaging material is exhausted before the expiry of the month indicated thereon, the packaging material intended to be used during the next succeeding month may be used for pre-packing the concerned commodity; (C) no declaration as to the [retail sale price] shall be required to be made on - (i) any uncanned package of (a) vegetables, (b) fruits, (c) ice-cream , (d) fish, (e) meat, or (f) any other like commodity; (ii) any bottle containing liquid milk, liquid beverage containing milk as an ingredient, [* * *], which, is returnable by the consumer for being refilled; (iii) any bottle containing alcoholic beverages, or spirituous liquor; (iv) any package containing animal feed, [***], exceeding 15 Kg. or 15.1; (v) any package containing a commodity for which controlled price has been fixed by or under any law for the time being in force. 2.(vi) packages containing printing ink,] 3.[The commodities mentioned at [at (i) to (vi) where retail sale price has not been mentioned by the manufacturer or packer on the package, the retail dealer shall display prominently at a conspicuous place of the premises in which he carries on his retail sale, the retail sale price of the package for the information of consumer.] Explanation I.- The month and the year in which the commodity is pre-packed may be expressed either in words, or by numerals indicating the month and the year, or by both. Explanation II.- Liquid milk does not include condensed milk. 4.[(2) Where a commodity consists of a number of components and these components are packed in two or  more units, for sale as a single commodity, the declaration required to be made under sub-rule (1) shall appear on the main package and such package shall also carry information about the other accompanying packages.] (3) omitted by notification GSR No. 458(E) dated 25-5-1985 [* * *] 7. Principle display panel - Its area, size and letter, etc. - (1) The area of the principal display panel shall be not less than - (a) in the case of a rectangular container, forty per cent, of the product of height and weight of the panel of such container having the largest area; (b) in the case of a cylindrical or nearly cylindrical, round or nearly round, oval or nearly oval container, twenty per cent, of the product of the height and average circumference of such container; (c) in the case of a container of any other shape, twenty per cent, of the total surface area of the container unless there is a label securely affixed to the container and such label has a surface area of not less than ten per cent of the total surface area of the container. (2) In computing the area of the principal display panel, the tops, bottom, flanges tops and bottoms of cans, and shoulders and necks of bottles or jars, shall be excluded. (3) In case of a package having a capacity of five cubic centimeters or less, principal display panel may be a cord or tape affixed firmly to the package or container and  bearing the required information. I[(4) The height of any numeral in the declaration required under these rules, on principal display panel shall not be less than, - (i) as shown in Table-I if the net quantity is declared in terms of weight volume; (ii) as shown in Table-II if the net quantity is declared in terms of length, or number. The height of letters in the declaration shall not be less than 1mm. height. When blown, formed, moulded, embossed or perforated the height of letters shall not be less than 2 mm.]: Provided that the width of the letter or numeral shall not be less than one-third of height, but the provision shall not apply in the case of numeral '1' and letters (i) (I) and (I)   TABLE Minimum height or numeral Sl. No.  Net quantity in weight/volume Normal Case Minimum height in mm.When blown, formed, moulded, perforated, embossed on container 1.  Upto 50 g/ml. 1 2 2. Above 50 g/ml. upto 200 b/ml. 2 4 3. Above 200 g/ml. upto 1 Kg./litre. 4 6 4. Above 1 Kg./litre 6 8 TABLE-II Minimum height or numeral Sl. No.   Net quantity in length, area of number, area of principal, display panel Normal Case Minimum height in mm. When blow, formed, embossed, moulded perforated on container 1.  Upto 100 cm square 1 2 2. Above 100 cm square upto 500cm square 2 4 3. Above 500 cm square upto 2500cm square 4 6 4. Above 2500 cm square 6 8 [(5) I  The foregoing provisions of this rule shall not apply to a package if the information to be specified on such package under this rule is also required to be given by or under any other law for the time being in force.] 8. Declaration where to appear.- [(1) Subject to the provision of sub-rule (2) every declaration required to be made under these rules, shall, where practicable, appear on the principal display panel and shall ordinarily be parallel to the base on which the package is intended by its manufacturer to rest, and declaration in respect of the net quantity, retail sale price  (if to be marked) shall always be indicated on the same panel: Provided that area surrounding the quantity declaration shall be free of printed information. (a) above and below by a space equal to at least the height of the numeral in the declaration, and (b) to the left and right by a space at least twice the height of numeral in the declaration.] (2) As far as practicable, all information which are required by these rules to appear on the package or label, as the case may be, shall appear on the same panel and, shall be indicated together: Provided that - (i) in the case of a container which is returnable by the consumer for being refilled, the required declaration maybe made on the crown cork; (ii) in the case of a container made of any metal, glass, plastic or foil, the month and the year, in which the commodity contained in such container was manufactured or pre-packed, may be indicated either on the top or on the bottom of such container: (iii) in the case of a collapsible tube, the month, and the year, in which the commodity contained in such tube was manufactured or pre-packed, may be indicated on the crimped end of the tube: (iv) in the case of a disc type container, the month and the year, in which the commodity contained in such container was manufactured or pre-packed, may be indicated either on the top or bottom of such container. [(v)(1) In any package, if the net weight or measure of the commodity contained in the package is 2 kilograms or 2 litre or less and the printing is possible only at top or bottom, the retail sale price, month and year may be indicated at top or bottom, and it shall be embossed or indicated conspicuously, and an indication shall be given at the main panel that such retail sale price and month and year of packing are indicated at the top or bottom.] (3) In a cylindrical or nearly cylindrical, round or neatly round, oval or nearly oval-shaped container, information required to appear on the principal display panel shall as far as practicable, appear on that portion of the circumference of the container which is most likely to be displayed, presented or shown to the consumer or examined by him under usual conditions of display for retail sale. (4) Except in the case of fancy packages, the base on which the package is intended by its manufacturer to rest shall not be used as the principal display panel. (5) In fancy packages, the declarations required to be made under these rules may be made at the top or bottom of the package. [(6)(2) For soft drinks, ready to serve fruit beverages, or the like the bottle of, which is returnable by the consumer for being refilled, the retail sale price may be indicated either on the crown cap, or on the bottle or on both. If the retail sale price is indicated on the crown cap or the bottles, it is sufficient to indicate the retail sale price in the form 'M.R.P. Rs......']. 9. Manner in which declarations shall be made.- (1) Every declaration which is required to be made on a package under these rules shall be - (a) legible, prominent, definite, plain and unambiguous. (b) conspicuous as to size, number and colour, (c) as far as practicable in such style or type of lettering as to be boldly, clearly and conspicuously presented in distinct contrast to the other type lettering or graphic material used on the package: and shall be printed, painted or inscribed on the package in a colour that contrasts conspicuously with the background of the label: [(d) numerals of the retail sale price and net quantity declaration in bold form:] and shall be printed, painted or inscribed on the package in a colour that contrasts conspicuously with the background of the level; Provided that - (a) where any label information is blown, formed or moulded on a glass or plastic surface or where such information is embossed or perforated on a package, such information shall not be required to be presented in a contrasting colour: (b) where any declaration on a package is printed either in the form of hand writing or hand-script such declaration shall be clear, unambiguous and legible. (2) No declaration shall be made so as to require it to be read through any liquid commodity contained in the package. (3) Where a package is provided with an outside container or wrapper, such container, or wrapper shall also contain all the declarations which are required to appear on the package except where such container or wrapper itself is transparent and the declaration on the package itself are easily readable through such outside  wrapper. 10. Declaration of name and address of the manufacturer, etc.- (1) Subject to the provisions of rule 7 every package kept, offered or exposed for sale or sold, shall bear conspicuously on the package, the name and complete address of the manufacturer, or where manufacturer is not the packer of the package, or with the written consent of the manufacturer, of the manufacturer; Provided that where by reason of the smallness of a package it is not reasonably practicable to indicate the name and complete address of the manufacturer or packer on package, it shall be sufficient compliance with the paragraph if a mark or inscription which would enable the consumer to identify the manufacturer or packer on the package: Provided further that where any commodity manufactured outside India is packed in India, the package shall also contain on the principal display panel the name and complete address of the packer in India. Explanation. - "Complete Address" means, in the case of a company, the address at which its registered office is situated, and, in any other case, the name of the street, number (if any) assigned to the premises of the manufacturer or packer, and either the name of the city and State where the business is carried on by the manufacturer or packer and either the name of the city and state where the business is carried out by the manufacturer or package or the PIN code. (2) The name of the manufacturer or packer shall be the actual corporate name, or if not incorporated, the name under which the business is carried by such manufacturer or packer. 11. General provisions relating to declaration of quantity.- (1) In declaring the net quantity of the commodity contained in a package the weight of wrappers and materials other than the commodity shall be excluded: Provided that where a package contains a large number of small items of confectionery, each of which is separately wrapped and it is not reasonably practicable to exclude from the net weight of the commodity, the weight of such immediate wrappers of all the items of the confectionery contained in the package, the net weight declared on the package containing such confectionery or on the label thereof, may include the weight of such immediate wrappers, if and only, if the total weight of such immediate wrappers does not exceed - (i) eight percent, where such immediate wrapper is a waxed paper or any other paper with wax or aluminum foil under strip, and (ii) six per cent, in the case of any other paper, of the total net weight of all the items of confectionery contained in the package minus the weight of immediate wrapper. (2) Where a commodity in a package is not likely to undergo any variation in weight or measure, on account of the environmental conditions, the quantity declared on the package shall corresponds to the net quantity which will be received by the consumer and the declaration of quantity of commodity as indicated on the package and the declaration of quantity on such package shall not be qualified by the words "when packed" or the like. (3) Save as otherwise provided in sub-rule (4), where a commodity in a package is likely to undergo variations in weight or measure on account of environmental conditions and such variation is negligible, the declaration of quantity in relation to such package shall be made after taking into account such variation so that the consumer may receive not less than the net quantity of the commodity as declared on the package, and the declaration of quantity on such package shall not also be qualified by the words "when packed" or the like. (4) The declaration of quantity in relation to commodities specified in the Fourth schedule, that is to say, commodities which are likely to undergo significant variations in weight or measure on account of environmental or other conditions may be qualified by the words "when packed" and when such qualification is made, the package containing such commodity shall also bear thereon information with regard to the mannert specified in the said Fourth Schedule. 12. Manner in which declaration of quantity shall be expressed. - (1) The declaration of quantity shall be expressed in terms of such units of weight, measure or number of a combination of weight, measure or number as would give an accurate and adequate information to the consumer with regard to the quantity of the commodity contained in the package. (2) Except in the cases of commodities specified in the Fifth Schedule, the declaration of quantity shall be in terms of the unit of - (a) mass, if the commodity is solid, semi-viscous or mixture of solid and liquid; (b) length, if the commodity is sold by linear measure; (c) area, if the commodity is sold by area measure; (d) volume, if the commodity is liquid or is sold by cubic measure; or (e) number, if the commodity is sold by number: Provided that in the case of solid commodity contained in a free-flowing liquid which is sold a such, the declaration of quantity shall be in terms of the drained weight of such solid commodity. (3) Where the declaration of quantity has been made in terms of mass, the manufacturer or, as the case may be, the packer may, at his option, make an additional declaration on the package as to the number of commodities contained in the package. [Illustration.- 1[ A package containing screws may not only indicate the total weight of the screws contained in the package but also the number and sizes of the screws contained in the package.] (4) Where the declaration of quantity by weight, measure or number alone is not sufficient to give to the consumer full information with regard to the dimensions or number of commodity contained in the package, such declaration shall be accompanied by a declaration of the dimensions or number, or both, where necessary, of the commodity contained in the package. Illustration: Name of the commodity Additional information required (a) Acid in liquid form ..... Concentration in mass per unit volume. (b) Fencing wire ..... Weight per 100 meters or diameter whichever is applicable (c) Nails, wood screws ..... Size (length, diameter and type thread). Ready-made garments: Linear measure (i) Shirts and similar garments. Neck size, in steps of one centimeter. (ii) Bushirts and similar garments. Chest size, in steps of five centimeters. (iii) Underwear intended to cover      upper part of the body or any part      of the upper part of the body. Chest size, in steps of five centimeters.   (iv) Underwear intended to cover      lower part of the body or any      part of the lower part of the      body. Waist size, in steps of two centimeters, and length, in steps of five centimeters.   (v) Trousers and similar garments,        ladies or gents Waist size, in steps of two centimeters, and length, in steps of five centimeters. (vi) Coat, overcoat and similar      garments Chest size, in steps of five centimeters, and its length, in steps of five centimeters. (vii) Socks and similar garments Foot size, in steps of one centimeter and if stretchable, the limits of stretching in centimeters. (viii) Sweaters, cardigans and similar        garments Chest size, in steps of five centimeters. (ix) Hats, caps and other headgears Circumference of head in steps of one centimeters. (x) Sarees, dhoties, shawls, handker-      chiefs, bedsheets, pillow covers,       towels and napkins. Dimensions (length and breadth)   (e) Tyres and tubes Size (metric units only) (f) Yarn Counts (5) Where it is necessary to communicate to the consumer any additional information about the commodity contained in a package, such information shall also appear on the same panel in which the other information, as required by these rules, have been indicated. Illustration: Additional information like the following is necessary to be communicated to the consumer namely: [(a)(b)(c) Ommitted by G.S.R.105 (E), dated 2-3-1995.] (d) in the case of still films the number of exposures, which may be made and the length and width of individual exposures, to be expressed in millimeters, for example, 36 exposures, 36 mm x 24 mm; (e) in the case of movie films and bulk still films the linear measure of the usable film, to be expressed in meters: (f) in the case of an electrical or electronic appliances, the voltage and wattage, and also the output of such electrical or electronic appliances; (g) in the case of an electric bulb or other appliance intended to be used for illumination, in addition to the information specified in C1. (f). the illuminating power of such bulb or other appliance. (6) The declaration or quantity shall not contain any word or expression which tends to create an exaggerated, misleading or inadequate impression as to the quantity of the commodity contained in the package, for example words or expression like- (i) "minimum", "not less than", "average", "about", "approximately" or any other word of a similar nature, or (ii) "jumbo", "giant", "full" , "family huge", "economy", "large", "extra", "colossal", "king", "queen", or any other word or expression of a similar nature, shall not be used. (7) Where, by reason of the smallness of a package, the declaration of a quantity cannot be written on the container or on the label thereon, such declaration shall be made on a tag, card, tape, or any other similar device affixed to the container in such manner that it cannot be removed without opening the container and every such tag, card, tape, or other device shall contain a mark or inscription which would enable the consumer to identify the manufacturer or packer, as the case may be. 13. Statement of Units of Weight, Measure or Number.- (1) The units of weight, measure or number shall be specified in accordance with the units specified in sub-rule (2) or sub-rule(3), as the case may be.

(2) When expressing a quantity less than - (a) one kilogram, the unit of weight shall be the gram ; (b) one metre, the unit length shall be the centimeter ; (c) one square metre, the unit of area shall be the square decimeter ; (d) one cubic meter, the unit of volume shall be one cubic decimeter ; (e) one cubic decimeter, the unit of volume shall be the cubic centimeter ; (f) one litre, the unit of volume shall be the milliliter ; (3) When expressing a quantity of equal to or more than - 1(a) (i) one kilogram,  the unit of weight shall be the kilogram and any fraction of a kilogram shall be expressed in terms of decimal sub-multiples of kilogram ;      (ii) one tonne, the unit of weight shall be the tonne, and any fraction of a tonne shall be expressed in terms of decimal sub-multiples of the tonne ; (b) one metre, the unit of length shall be the meter, and any fraction of a metre shall be expressed in terms of decimal sub-multiples of metre ; (c) one square metre, the unit of area shall be the square meter and any fraction of a square metre  shall be expressed in terms of decimal sub-multiples of the square metre ; (d) The cubic metre, the unit of volume shall be the cubic meter and any fraction of a cubic metre shall be expressed in terms of decimal sub-multiples of the cubic metre ; (e) 1[one litre, ], the unit of volume shall be the litre and any fraction of a litre shall be expressed in terms of decimal sub-multiples of the litre ;cubic litre, Provided that where the quantity to be expressed is equal to one kilogram, one metre, one square metre, one cubic decimetre, one cubic metre or one litre, as the case may be, such quantity may be expressed, at the option of the manufacturer or the packer, in terms of gram, centimetre, square decimetre, cubic decimetre or millilitre, as the case may be : Provided further that where the quantity to be expressed is equal to or more than 100 kilograms but less than 1, 000 Kilograms, such quantity may be expressed, at the option of the manufacturer or the packer, in terms of quintal which is equivalent to 100 Kilograms. Illustrations: (a) Where the weight is 1,500 grams, it shall be expressed as 1.5 Kilogram. [(b) Ommitted by GSR 314 (E) dated 12-3-1994] (c) Where the length is 225 centimetres, it shall be expressed as 2.25 Metres. (d) Where the volume is 1,200 millilitres, it shall be expressed as 1.2 litre. (4) Units of weight or measure not specified in sub-rules (2) and (3) shall be expressed in accordance with the following principles, namely: (a) when expressing a quantity less than the standard unit, the quantity shall be expressed in terms of the mill unit, and where the quantity is less than one thousand the part of a unit, in terms of the micro unit, and so on; (b) when expressing a quantity more than the standard unit, the quantity shall be expressed in terms of the unit up to, to but not including one thousand units, and where the quantity is one thousand units or more, but less than one million units, the quantity shall be expressed in terms of the kilo units and where the quantity is one million units or more, the quantity shall be expressed in terms of mega units and so on ; (c) when the quantity is more than one standard unit but less than the next standard unit, the fraction shall be expressed in accordance with the decimal sub-multiples of the unit. (5) When any commodity is packed by number, such number shall be expressed on the package in international form of Indian numerals, and every package intended to be sold by number shall be packed in the manner specified in the Sixth Schedule: 1[Provided that the Central Government may, if it is satisfied that for any technical or mechanical reason it is not possible to pre-pack any commodity in the standard quantities specified in the Sixth Schedule, authorise the pre-packing of such commodity in such numbers as it may specify. (6) No number called the dozen (12), score (20), gross (144), great gross (1,728) or the like shall be specified or indicated on any package. [(7) Symbols for Units: (a)3[The symbols for International System of Units and none other, shall be used in furnishing the net quantity of the package. Illustrations: Kilogram Kg. Gram g Miligram mg litre l mililitre ml. metre m. centimetre cm. milimetre mm. square metre m2 square centimetre cm2 cubic metre m3 cubic centimetre cm3 (b)  symbols shall not be given in capital form except for the unit derived from a proper name. Period i.e. a dot after symbols shall not be put. As far as possible symbols shall always be written in the single form i.e. "s" shall not be added.] [14.Unit Sale Price] 15. Additional declarations to be made on combination packages.- (1) A combination package shall contain, in addition to the declaration required to be made under any other provisions of these rules, an indication of the net weight, measure or number, as the case may be, in respect of each commodity contained in the package and the [retail sale price] of the combination package. [(2) When individual commodities in a combination package are packaged or labeled separately and are capable of being sold separately, each such commodity shall beat thereon, a declaration as to the quantity and the [l sale price thereof]. 16. Additional declaration to be made on group packages.- (1) The additional declarations on a grouped package shall be expressed as follows: (a) the number of pieces of each commodity contained in such package, followed by the net weight, measure or number, as the case may be ; (b) the total number of pieces contained in the group package ; and (c) the [ sale price] of the group package. (2)When individual pieces in a group package are either packaged or labeled separately and are capable of being sold as individual pieces each such piece shall bear thereon a declaration as to its quantity and the [retail sale price] thereof. 17. Additional declarations to be made on multi-piece packages.- (1) Every multi-piece package shall bear thereon, in addition to the declaration required to be made under any other provision of these rules, a declaration of - (a) the number of individual pieces contained therein ; (b) the [sale price] of the multi-piece package : Provided that where individual pieces contained in a multi-piece package are packaged or labeled separately and are capable of being sold separately each piece shall bear thereon a declaration as  the quantity and the [ sale price] thereof. (2) When a multi-piece package contains a number of smaller multi-piece packages each of which is capable of being sold separately, such multi-piece packages shall also bear thereon a declaration as to the number of smaller packages contained therein and the quantity contained in each such smaller package. 18. Declarations with regard to dimensions of certain commodities.- Where a package contains commodities, like bed-sheets, hemmed fabric materials, dhoties, sarees, napkins, pillow-covers, towels, table-cloths or similar other commodities, the number and the dimensions of finished size of such commodities shall also be declared on the package or on the label affixed thereto: Provided that where the package contains more than one piece of different dimensions the package shall also contain a declaration as to the dimensions and the [ sale price] of each such piece : Provided further that the dimensions of the commodities and the [retail sale price] thereof shall also be marked on each individual piece. 19. Declaration with regard to dimensions and weight to be made on package in certain cases.- Where the dimensions and weight, or combination thereof, of a commodity has or have a relationship to the price of that commodity, the declaration of quantity on the package containing such commodity, shall also include a declaration as to such dimensions, weight or combination. 20. Declarations to be made with regard to the number of usable sheets to be stated.- In the case of a package containing sheets like aluminum foil, facil tissues, waxed paper, toilet paper or any other type of  sheet, the declaration of quantity on the package shall also include a statement as to the number of usable sheets contained in the package and the dimensions of each such sheet. 21. Declarations with regard to the dimensions of container - type commodities - How to be expressed: Commodities, such as, bags, boxes, cups, pans or the like designed and sold in retail trade for being used as containers for other material or objects, shall be labeled with the declaration of quantity as follows: (i) For bag type commodities.- In terms of the number of bags which the package may contain, followed by liners dimensions of the bags, whether packaged in a perforated roll or otherwise. Illustrations: (a) for bags without gusset - "25 bags, 200 x 200 mm" ; (b) for bags with gusset - "100 bags, 600 mm x 800 mm x 200 mm" ; (ii) For square, oblong, rectangular or similarly shaped containers.- In terms of the number of containers which the package may contain, followed by length, width, and if required, depth of the container. Illustrations: (a) "2 cale-pans, 200 mm x 200 mm" ; (b) "1 roasting pan, 250 mm x 200 mm x 50 mm" ; (iii) For circular or generally round-shaped containers not being cups or the like.- In terms of the number of commodities contained therein followed by diameter and, if necessary, depth of the container. Illustration.- "4 pans, 200 mm diameter x 100 mm" ; (iv) When the use of a container is related by label reference in terms of standard weight or measure, to the capability of the container to hold a specific quantity of a commodity or a class of commodities such references shall be included in the declaration of quantity. Explanation I.- Containers which are intended to be used for liquids, semi-solids, viscous materials or mixtures of solids, and liquids shall fall within the ambit of this rule. Illustration.- Freeze boxes - "4 boxes, 500 ml capacity, 120 mm x 100 mm x 70 mm" . Explanation II.-Containers intended to be used for solids shall fall within the ambit of this rule. Illustrations: (a) Bags - "8 bags, 100 kg capacity, 900 mm x 1,500 mm" ; (b) Cups - "20 cups, 200 ml capacity". Explanation III.- Where containers are used as liners for other more permanent containers, the declarations shall be in the same terms as are normally used to express the capacity of the permanent containers. Illustration.- Can liners - "10 liners, 450 mm x 100 mm, fits cans up to a capacity of 100 litres". [22. ****](Ommitted by Notification GSR-393(E)dated 23-5-1984) 23. Provisions relating to wholesale dealer and retail dealers.- (1) No wholesale dealer or retail dealer shall sell, distribute, deliver, display or store for sale any commodity in the packaged form unless the package complies with, in all respects, the provisions of the Act and these rules. [(2) No retail dealer or other person including manufacturer, packer and wholesale dealer shall make any sale of any commodity in packaged form at a price exceeding the sale retail price thereof]. Comment (1)[Explanation.- For the removal of doubts, it is hereby declared that a sale, distribution or delivery by a wholesale dealer to a retail dealer or other person is a "retail sale" within the meaning of this sub-rule.] [(3) ***](Omitted by GSR No.105 (E) dated 2-3-1995) [(4) Where, after any commodity has been pre-packed for sale, any tax payable in relation to such commodity is revised, the retail dealer or any other person shall not make any retail sale of such commodity at a price exceeding the revised retail sale price, communicated to him by the manufacturer, or where the manufacturer is not the packer, the packer and it shall be the duty of the manufacturer or packer, as the case may be, to indicate by not less than two advertisements in one or more newspapers and also by circulation of notices to the dealers  (2)and to the Director in the Central Government and Controller of Legal Metrology in the States and Union Territories, the revised prices of such packages but the difference between the price marked on the package and the revised price shall not, in any case, be higher than the extent of increase in the tax or in the case of imposition of fresh tax higher than the fresh tax so imposed: Provided that publication in any newspaper, of such revised price shall not be necessary where such revision is due to any increase in, or in imposition or, any tax payable under any law made by the State Legislatures: Provided further that the retail dealer or other person, shall not charge such revised prices in relation to any packages except those packages which bear marking indicating that they were prepacked in the month in which such tax has been revised or fresh tax has been imposed or in the month immediately following the month aforesaid: Provided also that where the revised prices are lower than the price marked on the package the retail dealer or other person shall not charge any price in excess of the revised price, irrespective of the month in which the commodity was pre-packed]. (5) Nothing in sub-rule (4) shall apply to a package which is not required, under these rules to indicate the month and the year in which it was pre-packed. (6) No retail dealer or other person shall obliterate, smudge or alter [the retail sale price], indicated by the manufacturer or the packer, as the case may be, on the package or on the label affixed thereto. [(7) The manufacturer or packer shall not alter the price on the wrapper once printed and used for packing.] 24. Procedure for examination of and determination of quantity and error in packages at the premises of the manufacturer or packer.- (1) With a view to ascertaining whether any package or batch of packages complies with the provisions of these rules in all respects, the Director or any other person authorised under Sec. 29 hereafter referred to as in these rules, the authorised person may examine the packages and carry out the tests at the premises of the manufacturer or, where the manufacturer is not the packer, of the packer, and when he carries out such examination or tests, he shall draw samples from such batch of packages, in such manner and in such number as are specified in the Ninth Schedule and the tests aforesaid shall be carried out in accordance with the method specified in the Tenth Schedule. (2) The Director or the authorised person shall enter, in the Form set on in the Eleventh Schedule, the detailed results of the tests carried out by him under sub-rule (1) and shall obtain, on the said Form, the signature of the manufacturer or, as the case may be of the packer, or his authorised agent, or, in the absence of both, or on their refusal to affix such signature, the signature of a competent witness. A copy of the data sheet containing the results shall be given to the manufacturer or packer, as the case may be. (3) On the completion of the examination and tests carried out under sub-rule (1), the Director or the authorised person shall make a report indicating therein his findings with regard to the declarations required to be made under these rules and as to the net quantity actually contained in the sample packages and the extent or error, if any, noticed by him and furnish a copy of such report to the manufacturer or the packer, as the case may be. (4) If it appears from the report referred to in sub-rule (3) that - (a) the statistical average of the net quantity contained in the packages drawn as samples is lesser than the quantity declared on the packages or on the labels affixed thereto ; or (b) the number of packages, showing an error in deficiency greater than the maximum permissible error, is more than [the number specified in column 3 of the Table in the Ninth Schedule] ; or (c) any such package shows an error in deficiency greater than twice the maximum permissible error, the Director or the authorised person, shall, if for good and sufficient reason, requested by the manufacturer or packer or his authorised agent, so to do, take out as soon as may be practicable, fresh samples and carry out fresh tests in accordance with the provisions of these rules and where fresh tests are made, the Director or the authorised person, as the case may be, shall collect by way of reimbursement, from the manufacturer or packer, such sum, not exceeding rupees [five hundred], as is, in his opinion, commensurate with the services so rendered: Provided that where fresh tests are carried out, no package contained in the batch, which was previously tested under this rule, shall be sold or distributed by the manufacturer or packer, as the case may be, unless the provisions of sub-rule (5) or as the case may be of sub-rule (6), are complied with. (5) (a) Where, as a result of any test carried out under this rule, it is found that any package contained in the batch does not conform to all or any of the provisions of the Act, or of these rules, the manufacturer or the packer shall make a cent per cent, check of the packages contained in the batch and pick out from the batch the packages which conform to all the provisions of the Act and of these rules. (b) When the Director or the authorised person is satisfied that the packages picked out by the manufacturer or packer conform to all the provisions of the Act and of these rules, he shall authorise the sale, distribution or delivery, of such packages. (c) Where, as a result of such cent percent, check by the manufacturer or packer, any package is found to be not conforming to all or any of the provisions of the Act of these rules, such package shall not be sold, distributed or delivered until it has been re-packed, re-processed or re-labeled, as the case may be, in accordance with the provisions of the Act and of these rules. (6) A batch of package shall be approved for sale if, and only if, as a result of the tests carried out under this rule, it is found that - (a) the statistical average of the net quantity contained in the sample packages is equal to, or more than, the quantity declared on the package or on the label affixed thereto. (b) the number of packages, showing an error in deficiency greater than the maximum permissible error, is not more than [the number specified in column 3 of the Table in the Ninth Schedule]. (c) the extent of error in deficiency in none of such sample packages exceeds twice the maximum permissible error, and (d) each such package bears thereon or a label affixed thereto - the declarations required to be made under these rules. 25. Action to be taken on completion of examination of packages at the premises of the manufacturer or the packer.- (1) If it appears from the report referred to in sub-rule (3) of rule 24 that - (a) statistical average of the net quantity contained in the packages drawn as samples under that rule is lesser than the quantity on the package or on the label affixed thereto, or (b) the number of packages, showing an error in deficiency greater than the maximum permissible error, is more than [the number specified in column 3 of the Table in the Ninth Schedule.]. (c) any such package shows an error in deficiency greater than twice the maximum permissible error, or (d) any such package does not bear thereon or on a label affixed thereto the declaration to be made under these rules, the Director or the authorized person shall take punitive action in accordance with the provisions of the Act against the manufacturer or as the case may be, the packer [**]: Provided that no such punitive action shall be taken in fresh tests are carried out under sub-rule (4) of rule 24, but if after such fresh tests any such error or omission as is referred to in this sub-rule is detected, the Director or the authorized person shall take appropriate punitive action in accordance with the provisions of the Act against the manufacturer or, as the case may be, the packer. (2) Before taking any punitive action sub-rule (1) the Director or the authorised person shall seize, in accordance with the provisions of the Act, the packages drawn by him as samples and shall take adequate steps for the safe custody of the seized packages until they are produced in the appropriate Court as evidence. (3) The disposal of the seized packages shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974). 26. Action to be taken with regard to packages examined at the premises of the wholesale dealer or retail dealer.- (1) Ordinarily, any test in relation to the net quantity contained in a package shall not be carried out at the premises of the retail dealer or the wholesale dealer, unless, - (i) a complaint is received by the Director or the authorised person to the effect that the package sold or delivered to the complainant does not contain the quantity declared on such package or on the label affixed thereto ; (ii) the Director or the authorised person has reason to suspect that any package has been tampered with or that there has been pilferage or leakage of the commodity contained in the package ; (iii) the Director or the authorised person has reason to suspect that any package, or any label affixed thereto, does not bear thereon all or any of the declarations, which are required to be made under these rules. (2) Where any test is carried out in pursuance of the provisions of sub-rule (1), the Director or the authorised person shall verify whether the quantity contained in the package corresponds to the quantity declared on such package or any label affixed thereto, and where the quantity contained in the package is less than the declared quantity, whether the deficiency is more than twice the maximum permissible error in relation to the commodity. (3) Where the Director or the authorised person finds on a test carried out under this rule that the error in deficiency in any package kept or stored for sale, distribution or delivery at the premises of the retail or wholesale dealer, is more than twice the maximum permissible error in relation to the commodity he shall seize such package and take appropriate action against the retail dealer or the wholesale dealer, as the case may be, in accordance with the provisions of the Act: Provided that where the package bears the legend "when packed", no punitive action shall be against the retail dealer or wholesale dealer if the Director or the authorised person is satisfied after necessary tests, that the deficiency in the quantity contained in the package is due to environmental conditions. (4) Where, as a result of any test made under this rule, it is found that the net quantity contained in the package conforms to the declared quantity or where there is a deficiency such deficiency is not more than twice the maximum permissible error, the retail dealer shall be at liberty to sell or deliver or distribute such commodity at the price determined on the basis of the quantity found on such tests. (5) Where, as a result of any test made under this rule, it is found that any package or any label affixed thereto, does not bear thereon all or any of the declarations required to be made under these rules, it shall be lawful for the Director or the authorised person to make such inquiries as to the source from which such package was received by the wholesale dealer or retail dealer and to take such punitive action against the wholesale dealer or the retail dealer, as the case may be, as he may think fit. 27. Establishment of maximum permissible error on package.- (1) The maximum permissible error in relation to the commodities specified in the First Schedule shall be such as is indicated in the corresponding entries in that Schedule against the concerned commodity and the maximum permissible error in relation to any commodity not specified in the First Schedule, shall be such as is specified in the Second Schedule: Provided that the Director may establish the maximum permissible error in relation to any commodity not specified in the First Schedule, and on such establishment the concerned commodity and the maximum permissible error in relation thereto shall be deemed to have been included in the First Schedule. (2) The Director shall cause a co-ordinated programme to be undertaken, at such places and in such manner as he may think fit for the establishment of the maximum permissible error in relation to commodities referred to in sub-rule (1) or the provisions thereto. (3) While establishing the maximum permissible error in relation to the net quantity of commodities contained in the packages, due account shall be taken of the following cause which may lead to variation in the quantity, namely: (a) variations caused by unavoidable deviations in weighing, measuring or counting the contents of individual packages that may occur in good packaging practice. (b) variations caused by the ordinary and customary exposure to conditions, such as, climate, transport, storage or the like that normally occur in good distribution practice after the commodity is introduced in trade or commerce, and (c) variations due to the nature of packaging material or container. (4) The Director shall determine, or cause to be determined, in relation to any commodity, the declaration in respect of the net quantity of which is permitted to be qualified by the words "when packed", the reasonable variations which may take place by reason of the environmental conditions. 28. Deceptive packages to be re-packed or in default to be seized.- (1) If, on the determination of the quantity contained in the sample packages, the Director or the authorised person finds that the quantity contained in the package agrees with the declaration of the quantity made on the package of label thereon but the package is a deceptive package, he shall require the manufacturer or the packer, as the case may be, to re-pack and to re-label such package and in the event of the omission or failure on the part of the manufacturer or the packer, as the case may be, to re-pack or re-label such deceptive package, in accordance with, the standards established by or under these rules, seize them, take appropriate punitive action in accordance with the Act and take adequate steps for the safe custody of such package until they are produced in a Court as evidence. Explanation.- For the purposes of this rule, "deceptive package" means a package which is designed as to deliberately give to the consumer an exaggerated or misleading impression as to the quantity of the commodity contained therein, except where bigger dimensions of the package can be justified by the manufacturer or packer, as the case may be, on the ground that such dimensions are necessary for giving protection to the commodity contained in such package or for meeting the requirements of the machine used for filling such package. (2) If the seized packages contain any commodity which is subject to speedy or natural decay, the Director or the authorised person shall dispose of the commodity in accordance with the rules made under the Act.   CHAPTER III Provisions Applicable to Wholesale Packages 29. Declarations applicable to be made on every wholesale package.- (1) Every wholesale package shall bear thereon a legible definite, plain and conspicuous declaration as to, - (a) the name and address of the manufacturer or where the manufacturer is not the packer, of the packer ; (b) the identity of the commodity contained in the package ; and [(c) the total number of retail packages contained in such wholesale package or the net quantity in terms of the standard units of weight, measure or number of the commodity contained in wholesale package :] [Provided that nothing in this rule shall apply in relation to a wholesale package if a declaration, similar to the declaration specified in this rule, is required to be made on such wholesale packages by or under any other law for that time being in force.]   CHAPTER IV Export and Import of Packaged Commodities 30. Declarations on packages intended for export.- (1) In this Chapter, "export package" means a package intended for export. (2) Every export package shall, notwithstanding anything contained in rule 6, bear on its principal display panel a legible and conspicuous declaration with regard to the following matters, namely : (i) it is intended for export ; (ii) the identity of the commodity contained in the export package and the net weight, measure or number of such commodity ; (iii) the name and address of the manufacturer, and where the manufacturer is not the packer, of the packer. (3) Where an export package contains two or more individually packaged or labeled pieces of the same or different commodities, such export package shall also bear on its principal display panel a legible and conspicuous declaration with regard to the following matters, namely: (i) the number and description of such individually packaged commodities ; and (ii) the net weight, measure or number of the commodities contained in such individual package. (4) The Director or any other person authorised by the Director may inspect, or cause to be inspected, any package intended for export with a view of ascertaining whether the declarations as to the net weight, measure or number on the packages are accurate, and if the Director or authorised person is of the opinion that the declaration with regard to such matters is not correct or is false in material particulars, bring the matter to the notice of - (i) where such checking is made in the premises of the manufacturer or packer.- (a) the appropriate officer of customs ; and (b) the Ministry dealing with the export of the concerned commodity: (ii) where the checking is made at or near the custom stations.- (a) the appropriate officer of customs ; and (b) the Ministry dealing with the export of the concerned commodity, for such action as they may think fit. (5) Where the person to whom any package is to be exported does not want any indication on the package to the effect that it is intended for export or that the name of the manufacturer or packer should be mentioned on the package. It shall be lawful for the manufacturer or packer to pack such commodity without complying with the provisions of sub-clause (i) or sub-clause (ii) or both, of sub-rule (2). 31. Export packages also to comply with the laws of the country to which, they are being exported.- Every export package shall  comply with the laws and regulations in force in the country to which such package is intended to be exported. 32. Restrictions on sale of export packages in India.- An export package shall not be sold in India unless the manufacturer, or packer has re-packed or re-labeled the commodity in accordance with the provisions contained in Chapter II; and where any export package is sold in India without such re-packing or re-labeling, such package shall be liable to be seized in accordance with the provisions of the Act. 33. Provisions applicable  to packaged commodities imported in India.-   (1) All pre-packed commodities imported into India shall carry the following declarations:- (i) Name and address of the importer, Explanation I: An importer is an individual company or from whose name figures in the bill of lading/import documents as the importer. Explanation II: For the purpose of these rules, the importers premises/address shall be taken as the manufactures/packers premises/address. (ii) generic or common name of the commodity packed, (iii) net quantity in terms of standard unit of weight or measure. If the net quantity in the imported package is given in any other unit, its equivalent in terms of standard units shall be declared by the importer; PROVIDED that the standard sizes prescribed under schedule III shall not apply to imported packages; (iv) month and year of packing in which the commodity is manufactured or packed or imported; (v) retail sale price as per clause (r) of rule-2 (2) Responsibility for making mandatory declarations as required in sub-rule(1) shall rest with the importer. (3) the declaration shall be made in the following manner, (i) all the declarations may be pointed on a lable securely affixed to the package; or (ii) all the declarations may be made on an additional wrapper and imported package may be kept inside the additional wrapper; or (iii) all declaration may be printed on the package itself ; or (iv) declarations may be made on a card or tape affixed firmly to the package or container and bearing the required information. (4) The provisions of rules 16 to 20, rules 23 to 28, of chapter II, rule 29 of chapter III, rule 34 of chapter v, rule 35 to 38 of chapter vi and rules 39 to 40 of chapter shall be applicable for the imported packages.] CHAPTER V Exemptions 34. Exemption in respect of certain packages.- (1) Nothing contained in these rules shall apply to any package containing a commodity if - (a) the marking on the package unambiguously indicates that it has been specially packed for the exclusive use of any industry as a raw material or for the purpose of servicing any industry, mine or quarry: Provided that this exemption shall not be available in respect of - (i) any yarn which is sold in hanks to handloom weavers ; (ii) any component, part or material used in any workshop, service station or any other place where servicing or repairing of any bicycle, tricycle, or motor vehicle within the meaning of the Motor Vehicle Act, 1939,  (4 of 1939) is undertaken ; [(iii) any package containing a commodity of net content of 5 kilograms or 5 litres or less and displayed for sale at the retail outlet ; (iv) any package containing a commodity to be sold by number or length and displayed for sale at the retail outlet ;] (b) the net weight or measure of the commodity is twenty grams or twenty millilitres or less, if sold by weight or measure: [Provided that this exemption shall not apply to packages containing any drug or medicine.]: [Provided that the declaration in respect of maximum retail price and net quantity shall be declared on packages containing 109 to 209 or 10 ml to 20 ml.] [(c) [Omitted by no. G.S.R. 140(E) dt. 7.3.1997] [(d) any package containing fast food items packed by restaurant/hotel and the like; ] [(b) drugs covered under the Drugs (Price Control) Order, 1995]. CHAPTER VI Registration of Manufacturers and Packers 35. Registration of manufacturers and packers.- (1) Every individual, firm, Hindu undivided family, society, company or corporation who or which pre-packs any commodity for sale, distribution or delivery shall make an application accompanied by a fee of [rupees twenty], to the Director for the registration of his or its name and complete address ; and every such application shall be made.- (i) in the case of an applicant pre-packing any commodity at the commencement of these rules, within ninety days from such commencement; or (ii) in the case of any applicant who or which commences pre-packing of any commodity after the commencement of these rules, within ninety days from the date on which he or it commences such pre-packing. (2) Every application referred to in sub-rule (1) shall contain the following particulars, namely: (a) the name of the applicant; (b) the complete address of the premises at which the pre-packing of one or more commodities is made by the applicant; and (c) the name of the commodity or commodities pre-packed by the applicant. Explanation.- In the sub-rule, "complete address" has the meaning assigned to it in the explanation to sub-rule (1) of rule 10. 36. Registration of shorter address permissible.- (1) It shall be lawful for any manufacturer or packer to make an application to the Director for the registration of a shorter address, in addition to the complete address referred to in sub-rule (2) of rule 35. (2) The Director may, if he is satisfied after inquiry that the shorter address is sufficient to enable the consumer or any other person to identify the manufacturer or the packer, register such shorter address. (3) Where a shorter address is registered by the Director, it shall be lawful for the manufacturer or packer to state such shorter address on the label of each commodity pre-packed by him or it. 37. Register of manufacturers and packers, etc.- (1) The Director shall enter in a register, to be maintained by him for the purpose, the name and complete address of each manufacturer or packer by whom application for such registration has been made to him under rule 35. (2) The register referred to in sub-rule (1) shall be opened to the inspection of the public without the payment of any fee. 38. Compilation of lists of manufacturers or packer and their circulation.- The Director shall compile a State-wise list of the manufacturers and packers registered by him under rule 37 and shall circulate such list to the Controller of the concerned State to enable the Controller to take or cause to be taken, samples at the premises of the manufacturer or where the manufacturer is not the packer, of the packer. [39. Penalty for contravention of rules.- (1) If any person contravenes the provisions of rule 6, or tampers with, obliterates or alters any declaration made on any package in accordance with these rules, he shall be punishable with fine, which may extend to two thousand rupees. (2) Whoever contravenes any provisions of these rules, for the contravention of which no punishment has been separately provided either in the Act or in these rules, he shall be punished with fine which may extend to two thousand rupees.] 40. The Central Government may, if it is satisfied, on the genuineness of the reasons stated in the application, may permit a manufacturer or packer to pack for sale the following types of pre-packed commodities for a reasonable period, relaxing any or all the provisions of these rules.- (i) introductory packs ; (ii) innovation packs ; (iii) trial packs ; (iv) promotional packs ; (v) packages on which corrective actions are to be taken after compounding or a Court decision or other genuine reasons.]

FIRST SCHEDULE [See rile 2(1)] Maximum permissible errors in relation to the quantity contained in the Individual Package

Sl. No. Description of Commodity Quantity declared Maximum permissible error 1. Biscuits (i) Up to and equal to 500 g 7.0%     (ii) Above 500 g 6.0% 2. Bread (i) Up to and equal to 400 g 8.0%     (ii) Above 400 g up to and equal to 800 g 6.0%     (iii) Above 800 g up to and equal to     1200 g 4.0% 3. Cement [For any quantity] 2.0% 4. Detergents cleaning/scouring powder and the like (i) Up to and equal to 1 kg 5.0%     (ii) Above 1 kg up to and equal to 3 kg 4.0%     (iii) Above 3 kg 1.5% 5. Face Cream (i) Up to and equal to 25 g 4.0%     (ii) Above 25 g up to and equal to 100 g 4.0% or 2.5 g whichever is less     (iii) Above 100 g 3.0% 6. Ghee, vanaspati and edible oils (i) Up to and equal to 1 kg/litre 2.0%     (ii) Above 1 kg/litre up to and equal to 2 kg/litre 1.50%     (iii) Above 2 kg/litre up to and equal to 4 kg/litre 1.25%     (iv) Above 4 kg/litre 0.60% 7. Hair Cream (i) Up to and equal to 100 g - 5g     (ii) Above 100 g up to and equal to 200 g 5.0% or 7 g whichever is less     (iii) Above 200 g 5.0% or 10g whichever is less 8. Infant food including malted milk foods (i) Up to and equal to 100 5.0%     (ii) Above 100 g up to and equal to 1 kg 4.0%     (iii) Above 1 kg 3.0% 9. Liquid milk (i) Up to and equal to 100 ml - 5 ml     (ii) Above 100 ml up to and equal to 250 ml - 8 ml     (iii) Above 250 ml - 10 ml 10. Provisions sold in Polythene bags or plastic bags, Food grains, pulses, edible seeds, spices (whole or broken but not powdered), powdered commodities (such as chili powder, pepper powder, coffee powder, washing soda, atta, table salt and the like), dry fruits seeds and other commodities (such as sugar, gur, khandsari, and like) (i) Up to and equal to 100 g 3.0% (ii) Above 100 g up to and equal to 500 g 2.0% (iii) Above 500 g up to and equal to 1 kg 1.5% (iv) Above 1 kg 0.75% 11. Safety match boxes (i) containing up to 50 sticks 8.0%     (ii) containing more than 50 sticks 6.0% 12. Shaving cakes/sticks For all quantities 3.0% 13. Shaving cream (i) Up to and equal to 50 g - 1 g     (ii) Above 50 g up to and equal to 100 g - 2 g 14. Soap chips (i) Up to and equal to 1 kg 1.0%     (ii) Above 1 kg up to and equal to 3 kg 3.0%     (iii) Above 3 kg 0.2% 15. Talcum and face powder (i) Up to and equal to 50 g 6.5%     (ii) Above 50 g up to and equal to 100 g 4.0%     (iii) Above 100 g up to and equal to 300 g 3.0%     (iv) Above 300 g 2.5% 16. Tea For all quantities 2.0% 17. Toilet soaps For all quantities 3.0% 18. Tooth paste (i) Up to and equal to 50 g 5.0%     (ii) Above 50 g up to and equal to 125 g 4.0%     (iii) Above 125 g 3.0% 19. Tooth powder (i) Up to and equal to 100 g 8.0%     (ii) Above 100 g 8.0% or 15 g whichever is less 20. Washing soap (i) Up to and equal to 150 g 4.5%     (ii) Above 150 g up to and equal to 300 g 4.0%     (iii) Above 300 g 3.0% [21. Writing and printing paper For any quantity 2.5%] 22. Wrapping paper (including packing paper) For any quantity 5.0%   Maximum Permissible Error in relation to Packaged Commodities not specified in the First Schedule 1. Maximum permissible error on net quantity declared by weight or volume,- (1) The maximum permissible error, in excess or in deficiency, in the net quantity by weight or volume of any Commodity not specified in the First Schedule, shall be as specified in Table 1 below:-   TABLE 1 Maximum Permissible Errors on Net quantities declared by weight or by volume. Sl. No.  Declared quantity g or ml Maximum permissible error in excess or in deficiency As percentage of declared quantity g or ml (i) 5 to 50 9 .... (ii) 50 to 100 .... 4.5 (iii) 100 to 200 4.5 .... (iv) 200 to 300 .... 9 (v) 300 to 500 3 .... (vi) 500 to 1000 .... 15 (vii) 1000 to 10000 1.5 .... (viii) 10000 to 15000 .... 150 (ix) More than 15000 1.0 ....   Maximum permissible errors on net quantities declared by length, area or number. Sl. No.  Quantity declared Maximum permissible error in excess or in deficiency (i) In units of length 2% of declared quantity upon 10 metres and thereafter 1% of declared quantity. (ii) In units of area 4% of declared quantity upon 10 sq. metres and thereafter 1% of declared quantity. (iii) by number 2% of declared quantity. [THE THIRD SCHEDULE (See rule 5) Commodities to be packed in specified quantities 1. The following commodities shall be packed in such quantities by weight, measure or number as are specified in the corresponding entries against them.  Sl. No. Commodities Quantities in which to be packed    1.         2.                        3. 1.           Baby food. 200g, 500g, 1kg, 2kg, 5kg and 10kg Any manufacturer or packer baby food in 400g and weaning food in 500g shall not be allowed to do so beyond 180 days from the date of publication of this notification in the Official Gazette. 2.  Weaning Food  200g, 500g, 1kg, 2kg, 5kg and 10kg. 3.   Biscuits 25g, 50g, 75g, 100g, 150g, 200g, 250g, 300g and thereafter in multiples of 100g up to 1kg. 4.  Bread including brown bread but excluding bun  100g, 200g, 400g, 800g, 1200g. 5.   Uncanned packages of butter and margarine 25g, 50g, 100g, 200g, 500g, 1kg, 2kg, 5kg  and thereafter in multiples of 5kg. 6.   Cereals and Pulses 100g, 200g, 500g, 1kg, 5kg  and thereafter in multiples of 1kg. 7.   Coffee 25g, 50g, 100g, 200g, 500g, 1kg and thereafter in multiples of 1kg. 8.   Tea 25g, 50g, 100g, 250g, 500g, 1kg and thereafter in multiples of 1kg. 9.  Materials which may be reconstituted as beverages.  25g, 50g, 100g, 200g, 500g, 1kg and thereafter in multiples of 1kg. 10.   Edible oils, Vanaspati, Ghee, butter oil 50g, 100g, 200g, 500g, 1kg, 2kg, 5kg  and thereafter in multiples of 1kg. If the net quantity is declared by volume the same number in milliliters or litres, as the case may be, if the net quantity is declared by volume then the equivalent quantity in terms of mass to be declared in bracket, in same size of letters/numerals, or vice-versa].