RESEARCH PAPER ON –“THE NEW DEFINITION OF PRE-PACKAGEDCOMMODITY UNDER THE LEGAL METROLOGY ACT”

INTRODUCTION
The regulation of pre-packaged commodities had its origin with the enactment of the Standard
Weights and Measures Act 1976. The Act provided a definition of ‘commodities in the packaged
form’. It also mentioned a few regulations regarding packaging and penalties for non-compliance.
To provide the complete regulations regarding pre-packaged commodities, the Standard weights
and Measures (Package Commodities) Rules, 1977 was passed. The rules provide a clear definition
of pre-packaged commodities and provide in detail the requirements to be fulfilled by manufacturers
of packaged commodities.
Despite the legislation the definition of pre-packaged commodity remained controversial largely
owing to the additional duties arising from falling under the purview of the Standard Weights and
Measures Act. The courts have had to repeatedly clarify issues regarding the definition of ‘prepackaged
commodities’.
With the objective of bringing in a stronger legislation on the subject, the Legal Metrology Act,
2009 was passed. It came into effect in 2011. The act was followed by the Legal Metrology (Packaged
commodity) Rules, 2011 which provide the guidelines to be followed while packaging commodities
classified as pre-packaged commodities.
This paper seeks to trace the changing definition of pre-packaged commodities in India and the
relevant provisions regarding these commodities in the legal metrology act. Also analysed is section
4A of the central Excise Act, 1944 with reference to manufacturers of pre-packaged commodities.
A comparison is made between the Indian law on the subject and US, UK and Australian Law. The
result of the survey conducted by the researchers on ‘consumer awareness of product information’ is
also provided.