Economic, Commercial and Intellectual Property Laws · Legal Metrology

Pre-Packaged Commodities and Declarations under Legal Metrology

Updated 11 October 2026 · Fact-checked

A pre-packaged commodity is a product placed in a package without the buyer present, so it has a pre-determined quantity. Under section 18 of the Legal Metrology Act, 2009, you cannot pack or sell it unless the quantity is standard and the prescribed declarations appear. Answer by stating the rule, applying it to the facts, then the penalty.

Understand Pre-Packaged Commodities and Declarations

Think of a packet of biscuits or a bottle of oil. The buyer is not there when it is filled. So the buyer cannot check the quantity. The law steps in to protect that buyer. It fixes what the package must say and how much it must hold.

The Act defines a pre-packaged commodity in section 2(l). It is a commodity which, without the purchaser being present, is placed in a package of whatever nature, whether sealed or not, so that the product inside has a pre-determined quantity. Two points matter. The package need not be sealed. And the buyer must be absent at the time of packing. A sweet weighed out in front of you is not covered by this definition.

Section 18(1) is the core rule. No person may manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless two conditions are met. The package must be in such standard quantities or number as may be prescribed. And it must bear the declarations and particulars, in the manner prescribed. The word "prescribed" means prescribed by rules made under the Act (section 2(o)). The detailed list of declarations sits in the rules, the Legal Metrology (Packaged Commodities) Rules. The Act sets the duty. The rules fill in the detail.

Notice how wide the list of persons is. It reaches the manufacturer, packer, importer, distributor and the shop that merely possesses goods for sale. "Person" is defined in section 2(m) and includes a company, firm, HUF, trust and co-operative society.

Section 18(2) covers advertisements. If an advertisement mentions the retail sale price of a pre-packaged commodity, it must also declare the net quantity or number in the prescribed form and manner. Section 11 adds that net quantity must be indicated only in standard units of weight, measure or numeration. That rule does not apply to exports.

Key rules to remember

Definition of pre-packaged commodity (section 2(l)): Commodity placed in a package, purchaser not present, product has a pre-determined quantity; The package may be sealed or not. Absence of the purchaser at packing is the key test.
Core prohibition (section 18(1)): No pack / sell / import / distribute / possess for sale unless standard quantity + prescribed declarations; Both conditions must be met. The detail comes from the rules.
Advertisement rule (section 18(2)): Ad mentioning retail sale price must declare net quantity or number; Applies only when the retail sale price is mentioned.
Standard units (section 11): Net quantity must be indicated only in standard units of weight, measure or numeration; Not applicable to export of goods, things or service.
Penalty for non-conforming declarations (section 36(1)): First offence: fine up to ₹25,000; second: up to ₹50,000; subsequent: fine of ₹50,000 to ₹1,00,000, or imprisonment up to 1 year, or both; Applies where the commodity does not conform to the declarations on the package.
Penalty for error in net quantity (section 36(2)): Fine of ₹10,000 to ₹50,000; second and later offence: fine up to ₹1,00,000, or imprisonment up to 1 year, or both; Applies to those who manufacture, pack or import, or cause these, with a prescribed error in net quantity.

How to solve Pre-Packaged Commodities and Declarations questions

Use this method for any question on packages, labels or declarations. It keeps your answer in the provision, facts, conclusion order that ICSI examiners expect.

1Read the facts and check whether the item is a pre-packaged commodity under section 2(l). Was it packed without the buyer present? Does it have a pre-determined quantity?
2Identify the person and their act: manufacturing, packing, importing, selling, distributing or possessing for sale. Section 18(1) covers all of them.
3State the rule: section 18(1) needs standard quantity and the prescribed declarations. Mention that the rules prescribe the particulars.
4Check the specific fault: missing declaration, wrong quantity, non-standard unit (section 11), or an advertisement without net quantity (section 18(2)).
5Check for export. If the goods are for export, section 11(1) does not apply.
6Match the fault to the penalty: section 36(1) for non-conforming declarations, section 36(2) for error in net quantity. Note first, second and subsequent offence amounts.
7If an officer was stopped from inspecting, add section 40.
8Write a one-line conclusion saying whether the act is an offence and the likely penalty.

Quickest way: Three-question check

When to use it: Use it for short-note or case questions when time is tight.

Is it pre-packed? Buyer absent, quantity fixed.
Does the package carry the prescribed declarations and standard quantity? If no, section 18(1) is breached.
Which penalty? Wrong declaration goes to section 36(1). Error in net quantity by a maker, packer or importer goes to section 36(2). Write the amount for first and repeat offences.

Common mistakes in Pre-Packaged Commodities and Declarations

Saying the package must be sealed to be pre-packaged.
Students picture factory-sealed goods only.
Fix: Section 2(l) says "whether sealed or not". The test is the buyer's absence and the pre-determined quantity.
Applying section 18 to goods weighed in front of the customer.
Students ignore the words "without the purchaser being present".
Fix: Check the definition first. If the buyer is present at packing, it is not a pre-packaged commodity.
Mixing up the two penalties in section 36.
Both deal with packages and both have fines.
Fix: Section 36(1) is about non-conformity with declarations on the package. Section 36(2) is about error in net quantity by makers, packers and importers.
Stating the section 36(1) fines wrongly, for example giving a minimum for the first offence.
The tiers are easy to blur.
Fix: First offence fine may extend to ₹25,000. Second, up to ₹50,000. Subsequent, not less than ₹50,000 and up to ₹1,00,000, or imprisonment up to one year, or both.
Writing that the Act itself lists every label particular.
Students confuse the Act with the Packaged Commodities Rules.
Fix: Say that section 18 requires declarations "as may be prescribed" and the rules give the particulars.
Forgetting the advertisement rule and the export exception.
Attention stays on the label.
Fix: Add section 18(2) for ads showing retail price, and section 11(2) for exports.

Worked examples

Example 1

Sunrise Foods Pvt. Ltd. packs rice in bags at its factory and sells them through retailers. The bags carry no declaration of net quantity. The company says the bags are not sealed, so the Act does not apply. Advise.

Show the solution

Provision: section 2(l) defines a pre-packaged commodity as one placed in a package, whether sealed or not, without the purchaser being present, so that the product has a pre-determined quantity.
Facts: the rice is packed at the factory, the buyer is absent, and each bag holds a fixed quantity. So the bags are pre-packaged commodities. Being unsealed is irrelevant.
Section 18(1) bars any person, including a company (section 2(m)), from packing or selling such a commodity unless it is in standard quantity and bears the prescribed declarations.
The missing net quantity declaration breaches this rule. Section 36(1) applies, since the commodity does not conform to the declarations required.
Penalty: fine up to ₹25,000 for the first offence, up to ₹50,000 for the second, and for later offences ₹50,000 to ₹1,00,000, or imprisonment up to one year, or both.

Answer: The company's argument fails. The bags are pre-packaged commodities, the missing declaration breaches section 18(1), and the company is liable to penalty under section 36(1).

Example 2

A newspaper advertisement by Kaveri Oils shows the retail price of its 1-litre oil pouch but does not state the quantity. Is any provision breached?

Show the solution

Provision: section 18(2) says any advertisement mentioning the retail sale price of a pre-packaged commodity must contain a declaration of net quantity or number, in the prescribed form and manner.
Facts: the oil pouch is filled without the buyer present, so it is a pre-packaged commodity. The advertisement mentions its retail price.
The advertisement has no net quantity declaration. Section 18(2) is therefore breached.
Section 11(1)(c) also requires that any advertisement be prepared in line with standard units. Any quantity given must be in standard units.
The exception for export in section 11(2) does not help, as this is a domestic advertisement.

Answer: Yes. The advertisement breaches section 18(2) because it states the retail price without the net quantity. Kaveri Oils should add the declaration in the prescribed form and manner.

Exam tips

Begin every answer with the section 2(l) definition. Examiners reward a clear test of what counts as pre-packaged.
Always say that the detailed declarations come from the Packaged Commodities Rules, as "prescribed" under section 2(o).
Learn the section 36(1) and 36(2) amounts as a small table in your head. A fine figure wrongly stated loses marks.
In case questions, check three extras: advertisement (section 18(2)), standard units (section 11) and export exception (section 11(2)).
Close each answer with a one-line conclusion naming the section breached and the penalty.

Practice questions from Legal Metrology

Pre-Packaged Commodities and Declarations: frequently asked questions

What is a pre-packaged commodity under the Legal Metrology Act, 2009?

Section 2(l) defines it as a commodity placed in a package of any nature, sealed or not, without the purchaser being present, so that the product has a pre-determined quantity. The buyer's absence and the fixed quantity are the two key points.

Which section requires declarations on packages?

Section 18(1) bars anyone from packing, selling, importing or possessing for sale a pre-packaged commodity unless it is in standard quantity and bears the prescribed declarations. The particulars are set out in the rules made under the Act.

Is an advertisement covered by the packaging rules?

Yes. Under section 18(2), an advertisement that mentions the retail sale price of a pre-packaged commodity must also declare its net quantity or number in the prescribed form and manner.

What is the penalty for selling a package that does not match its declarations?

Section 36(1) provides a fine up to ₹25,000 for the first offence and up to ₹50,000 for the second. For later offences the fine is ₹50,000 to ₹1,00,000, or imprisonment up to one year, or both.

Does the unit rule apply to exports?

No. Section 11 requires prices and net quantity to be expressed in standard units, but section 11(2) says this does not apply to export of goods, things or service.