Need For Clarity As To What Constitutes ‘Pre-Packaged Commodity'

 The Legal Metrology Act, 2009 (hereinafter referred to as the "2009 Act") was passed by the Indian Parliament in order to repeal and replace The Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985. The 2009 Act was brought into force w.e.f April 1, 2011 with the aim of protecting consumer interests while simultaneously keeping the industry free from unnecessary interference.

However, the 2009 Act has failed in this regard, as the definition of the word 'pre-packaged' which was a point of contention under The Standards of Weights and Measures Act, 1976, has continued to create confusion among manufacturers, retailers, wholesalers, etc. as no clarity exists on which commodities qualify as a pre-packaged commodity. Due to the confusion created, the matter has been argued before Indian Courts and the matter is currently pending before a three judge bench of the Supreme Court in State of Maharashtra v. Subhash