132 UNSTAMPED WEIGHING MACHINES SEIZED FROM MADURAI'S MATTUTHAVANI MARKET- LEGAL METROLOGY
On Thursday morning during a raid at Madurai’s Mattuthavani Market, Labour Department officials seized 132 unstamped weighing machines. Among them, 121 were electronic weighing machines.
The inspection in Madurai was conducted after the department received complaints related to the issue in a recent grievances redressal meeting. During a review meeting held by the state labour and employment department, the decision was taken to stringent the action against traders for not stamping their weighing machines and scales.
Under the Legal Metrology (Packaged Commodities) Rules, 2011 and the Legal Metrology Act 2009, the traders who go against the Act will be penalized for using unstamped weights and selling above MRP and repetitive offenders will have to face the action in court. Unstamped weights are also an offence that attracts a Penalty of Rs 5,000.
The inspection was conducted after receiving the order from the labour commissioner Dr Atul Anand, additional labour commissioner Kumaran, and controller of legal metrology M Shanthi at Madurai. Joint commissioner of labour department P Subramanian led the raid.
Madurai’s Mattuthavani Market is the city’s biggest fruits and vegetable market.
The raid was carried out after complaints about vendors/traders using unstamped weighing scales were raised in a recent meeting held by the department during a review meeting called by the state labour & employment ministry.
The labour department assistant commissioner Maivizhi Selvi (Enforcement) in Madurai, said using unstamped weighing machines is an offence that attracts a fine.
Maivizhi Selvi also appealed to the traders/vendors to stamp their weighing machines and scales. The entire process of the Weighing scale stamping application has been computerized & traders can apply on govt. website as well. Once the weighting application is uploaded, the dates will be allotted for hassle-free stamping, according to the official.
Unit sale price states the price (inclusive of all taxes) per unit of measurement as stated in Rule 6 sub-rule (11) of the Legal Metrology Packaged Commodities Amendment Rules, 2022.
“(11) The unit sale price in rupees, set out to the nearest two decimal places, shall be declared on every pre-packaged commodity in the following manner, namely:-
- Per gram where net quantity is less than one kilogram and per kilogram where net quantity is more than one kilogram.
- Per centimetre where net length is less than one metre and per metre where net length is more than one metre.
- Per millilitre where net volume is less than one litre and per litre where net volume is more than one litre.
- per number or unit if any item is sold by number or unit:
Note:
Stated that for packages commodity containing spirituous liquor or alcoholic beverages, the State Excise Laws and the rules made thereunder shall be applicable within the State in which it is manufactured. Stated that declaration of the unit sale price is not obligatory for the pre-packaged commodities in which retail sale price is equal to the unit sale price.”
The unit sale price shall be declared on the primary display panel of the pre-packaged commodity. It should be confirmed that the unit sale price is unambiguous, simply identifiable and legible to the consumer
Illustration:
For a pre-packaged commodity of Net Qty 200g and MRP including all taxes of ₹60, Unit Sale Price declaration can be specified as given hereinbelow:
- MRP ₹ (incl. of all taxes); USP ₹ 60; ₹ 0.30/g
- MRP ₹ (incl. of all taxes); USP ₹ 60; ₹ 0.30 per g
- MRP ₹ (incl. of all taxes) ₹ 60; USP ₹ 0.30/g
- MRP ₹ (incl. of all taxes) ₹ 60; USP ₹ 0.30 per g
- MRP ₹ (incl. of all taxes) ₹ 60; USP ₹ /g ₹ 0.30
- MRP ₹ (incl. of all taxes) ₹ 60; USP ₹ per g ₹ 0.30
For a pre-packaged commodity of Net Qty 5L and MRP inclusive of all taxes of ₹500, Unit Sale Price declaration can be specified as given hereinbelow:
- MRP ₹ (incl. of all taxes); USP ₹ 500; ₹ 100.00/L
- MRP ₹ (incl. of all taxes); USP ₹ 500; ₹ 100.00 per L
- MRP ₹ (incl. of all taxes) ₹ 500; USP ₹ 100.00/L
- MRP ₹ (incl. of all taxes) ₹ 500; USP ₹ 100.00 per L
- MRP ₹ (incl. of all taxes) ₹ 500; USP ₹ /L ₹ 100.00
- MRP ₹ (incl. of all taxes) ₹ 500; USP ₹ per L ₹ 100.00
As per Rule 6 and sub-rule 11, the Unit sale price is required to be indicated in rupees, rounded off to the adjacent two decimal places.
Illustration: as declared in response to question no. 2
The spacing condition under Rule 8 of the LMPC Rules, 2011 is not applicable for the Unit Sale Price declaration.
Option 1: The Font size for declaring the Unit Sale Price should be at least 50% of the font size of the MRP declaration. For Example, if the height of the numeral for MRP declaration is 4mm then the height of the numeral for Unit Sale Price declaration cannot be less than 2mm.
Unit sale price is not obligatory to be declared on a ‘Wholesale Package’ as stated in Rule 2(r) of LMPC Rules, 2011.
No, as per Rule 6 sub-rule 10 of the LMPC Rules, 2011, the e-commerce company is required to make sure obligatory declaration as declared in Rule 6 sub-rule 1. Accordingly, the unit sale price is not compulsory to be displayed on e-commerce websites.
No, the requirement of the Unit Sale Price declaration is only limited to product labels. Hence, the Unit Sale Price is not obligatory to be declared in advertisements.
As per the 2nd proviso to Rule 6 sub-rule (11) of unit sale price declaration is not required for the pre-packaged commodities where MRP or retail sale price is equal to the unit sale price.
Hence, pre-packaged commodities in which the net quantity/ length is one gram, one meter, one kilogram, one millilitre, one centimetre, one litre and one unit/number shall not be required to state the Unit Sale Price.
Yes, the Unit Sale Price needs to be declared, but the Unit Sale Price computation shall eliminate the additional volume/units/ quantity being offered for FREE.
An indicative label declaration is given below
CONTENTS:10 N (generic name of commodity) + 1 Free
MRP ₹ (incl. of all taxes):USP ₹ 400; ₹ 40.00 /1N + 1N Free
Net Qty:5 L + 1 L Free
MRP ₹ (incl. of all taxes):USP ₹ 1000; ₹ 200.00/ L + 1L Free
The Unit Sale Price is not needed to be declared on the inner package, however, the outer package must contain all declarations stated under the Rules along with the Unit Sale Price.
Yes, the Unit Sale Price is needed to be declared. Mostly, in such cases, the Unit Sale Price can be calculated by dividing the post-offer MRP (inclusive of all taxes) by the Net Quantity.
An indicative label declaration is given below.
CONTENTS:10N (generic name of a commodity)
MRP ₹ (incl. of all taxes):₹ 400 ₹ 360; ₹ 36.00 /1N
Yes, the Unit Sale Price is needed to be declared on the pack projected for sale, however, the Unit Sale Price computation shall eliminate the value of the product being offered for FREE. It is declared that there is no need of declaring the Unit Sale Price for a Free product.
An indicative label declaration is given below.
Net Qty:900 ml + 1 N (generic name of a commodity) Free MRP (incl. of all taxes).
USP ₹ 180 ₹ 0.20/ml + 1 N of (generic name of commodity) worth ₹ ___ Free
Pre-packaged commodities having a surface area of 100 square centimetres or less OR having MRP of ₹ 35 or less shall not be obligatory to declare Unit Sale Price.
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