The Department of Consumer Affairs, Legal Metrology Division, has periodically issued updates to the Frequently Asked Questions (“FAQs”) providing authoritative clarifications under the Legal Metrology Act, 2009, and the Legal Metrology (Packaged Commodities) Rules, 2011 (“LMPC Rules”). The most recent update was released on November 11, 2025. The guidance is intended to address persistent compliance uncertainties in the areas of manufacturing, packaging, labelling, and importation of pre-packaged commodities. The FAQs are particularly significant in clarifying the statutory obligations of businesses, the scope of exemptions, and the manner in which declarations must be made to avoid regulatory infractions.

Key Clarifications and Associated Legal Issues

1. Retail Sale Price: Permissible Expressions and Compliance Risks
   The FAQs confirm that the retail sale price may be declared using either the rupee symbol “₹” or the abbreviation “Rs.”. This flexibility is intended to accommodate diverse business practices. However, the legal issue arises if the declaration is ambiguous, illegible, or inconsistent with the requirements of the LMPC Rules. Non-compliance in this area can result in penalties under the Legal Metrology Act, 2009 and/or LMPC Rules, including fines and seizure of non-compliant products. Businesses must ensure that whichever expression is used, it is clear, prominent, and not misleading to consumers.
2. Minimum Font Size: Risk of Non-Compliance on Small Packages
   While the LMPC Rules prescribe minimum font sizes for statutory declarations, the FAQs clarify that larger font sizes are permissible which can actually make the text easier for consumers to read. The legal risk here is that reducing font size below the prescribed minimum, especially on small packages, constitutes a violation. Regulatory authorities may take enforcement action if the required information is displayed below the minimum threshold, which could include prosecution or product recall.
3. Footwear Declarations: Distinction Between Boxed and Unboxed Products
   The FAQs draw a clear distinction between footwear sold with a box and without a box. For boxed footwear, all required declarations must be provided on the box or a label affixed to it, with no further obligation to mark the footwear itself. For unboxed footwear, the declarations must be on a durable tag or sticker affixed to the product. The legal issue here is the risk of incomplete or missing declarations, particularly for unboxed items, which may lead to enforcement action. Manufacturers and importers must ensure that their labelling processes are robust and that all declarations are made in accordance with the LMPC Rules to avoid liability.
4. Institutional/Industrial Packages: Exemptions and the “Not for Retail Sale” Requirement
   Packages intended exclusively for institutional or industrial consumers are exempt from the mandatory declarations under the LMPC Rules. However, these packages must be clearly and prominently marked “Not for Retail Sale”. The legal risk arises if such packages are diverted into retail channels without the required declarations, which would constitute a violation. Businesses must implement strict controls to prevent such diversion, as failure to do so may result in significant penalties under the Legal Metrology Act, 2009 and/or LMPC Rules.
5. Outer Cartons and Shipper Cartons: Classification and Enforcement Risks
   The FAQs clarify that mandatory declarations are not required on outer cartons or shipper cartons used solely for transportation or wholesale purposes. However, these cartons should be marked to indicate their intended use, such as “wholesale package” or for “shipping/transportation” purposes only. The legal issue is the potential for misclassification, which could lead to regulatory scrutiny or penalties if such cartons are found in retail environments without the requisite declarations. Proper marking mitigates the risk of misinterpretation by enforcement authorities.
6. Manufacturer Details: Acceptance of “Marketed by” / “Brand Owner” Disclosures
   To satisfy the manufacturer details requirement under Rule 6(1)(a) of the LMPC Rules, the FAQs confirm that the complete name and address of the brand owner, with the words “Marketed by” or “Brand Owner”, is sufficient. This is particularly relevant for businesses that outsource manufacturing. The legal risk is that incomplete or inaccurate disclosures may be deemed non-compliant, exposing the business to enforcement action.
7. Imported Products: Importer Details and Country of Origin
   For imported pre-packaged products, the FAQs clarify that only the name and address of the importer and the country of origin are required. The foreign manufacturer’s details are not mandatory under the LMPC Rules. The legal issue here is the risk of omitting the required importer details or misrepresenting the country of origin, which can result in penalties, product detention, or reputational harm.

Additional Legal Considerations

• Grouping of Declarations: The FAQs confirm that all required declarations may be grouped together on the principal display panel, or pre-printed and online information may be grouped separately, as per Rule 2(h) of the LMPC Rules. Failure to group declarations appropriately may lead to allegations of non-compliance.
• Combination, Group, and Multi-Piece Packages: The declaration of unit sale price is not required for these packages, and net quantity may be indicated using terms like “1 N” or “1 U”. Incorrect or missing declarations for such packages may attract regulatory action.

Recommendations for Legal Compliance

• Comprehensive Review: Businesses should conduct a thorough review of their packaging and labelling practices to ensure alignment with the latest FAQs and the underlying statutory requirements.
• Footwear Brands: Segregate boxed and unboxed workflows, ensuring that all declarations for boxed footwear are on the box and that unboxed items have durable, affixed tags or stickers.
• Institutional/Industrial Packs: Implement robust controls to ensure “Not for Retail Sale” is prominently applied and that such packs are not diverted to retail channels.
• Importers: Update packaging artwork to reflect accurate importer details and the country of origin.
• Training and Audits: Regularly train staff and conduct internal audits to ensure ongoing compliance and to identify and rectify any gaps in labelling or packaging processes.

Conclusion

The updated Legal Metrology FAQs provide much-needed clarity on several complex compliance issues, reducing ambiguity for businesses operating in the retail, institutional, and import sectors. However, the legal risks associated with non-compliance remain significant, including fines, product seizures, and reputational damage. Businesses are strongly encouraged to review the complete set of FAQs and ensure that all packaging, labelling, and supply chain practices are fully compliant with the Legal Metrology Act, 2009, and the LMPC Rules. Proactive compliance will not only mitigate legal risks but also enhance consumer trust and operational efficiency.