Rule 26 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 26 lists the packages to which "nothing contained in these rules" applies. It has five clauses, and three of them have been changed by amendment. This article goes through each clause and shows the wording before and after the amendments that appear in the consolidated text.
The Rules do not apply to a package if it holds 10 g or 10 ml or less sold by weight or measure (but not tobacco and tobacco products), holds fast food packed by a restaurant or hotel and the like, holds formulations covered by the Drugs (Price Control) Order (not medical devices declared as drugs), or is a coil of thread sold to handloom weavers. The clause on agricultural farm produce above 50 kg is marked omitted with effect from 1 January 2018.
How the exemption works
The opening words are "Nothing contained in these rules shall apply to any package containing a commodity if". An exempt package therefore escapes the whole of the Packaged Commodities Rules, including declarations, standard quantities and registration as they apply to the package. It does not escape anything outside the Rules. The Act's provisions, other laws such as the Food Safety and Standards Act, 2006 for food packs, and State rules continue to apply; the Rules do not say otherwise, but neither do they grant an exemption from those laws. For the existing topical guide, see Exemptions under the Packaged Commodities Rules.
If you pack a product that might fit one of the clauses and want to confirm before printing a label, our legal consultation service can look at the pack and the clause together.
Clause by clause
| Clause | Exempt package | Amendment history in the consolidation |
|---|---|---|
| (a) | Net weight or measure of 10 g or 10 ml or less, if sold by weight or measure | An original proviso required MRP and net quantity declarations on packs of 10 g to 20 g or 10 ml to 20 ml; omitted by G.S.R. 784(E) of 24 October 2011. A new proviso, inserted by G.S.R. 385(E) of 14 May 2015 in force from 1 July 2016, says the clause does not apply to tobacco and tobacco products |
| (b) | Fast food items packed by a restaurant or hotel and the like | No amendment shown |
| (c) | Formulations under the Drugs (Price Control) Order | Original refers to the Order of 1995; substituted by G.S.R. 629(E) of 23 June 2017 (from 1 January 2018) to refer to the Order of 2013, with a proviso that no exemption applies to medical devices declared as drugs |
| (d) | Agricultural farm produce in packages above 50 kg | Marked "shall be omitted" by G.S.R. 629(E) of 23 June 2017, from 1 January 2018 |
| (e) | Any thread sold in coil to handloom weavers | Substituted by G.S.R. 870(E) of 4 December 2014 |
Clause (a): 10 g or 10 ml and less
The exemption turns on "net weight or measure" of 10 g or 10 ml or less "if sold by weight or measure". It does not say what happens to a pack counted by number. The wording is not about the declared quantity but about the quantity of commodity in the package. The history is worth knowing: the original proviso said the MRP and net quantity declarations "shall be declared" on packages of 10 g to 20 g or 10 ml to 20 ml, and it was omitted by G.S.R. 784(E) of 24 October 2011. On the text as it stands now, a 15 g sachet is above the 10 g limit, so clause (a) does not exempt it.
Tobacco. The 2015 proviso, in force from 1 July 2016, says the exemption in clause (a) is not applicable for tobacco and tobacco products. A 5 g pack of a tobacco product therefore gets no exemption from this clause.
Clause (b): fast food
The text covers "any package containing fast food items packed by restaurant or hotel and the like". It does not define "fast food", and it says "and the like" without listing. The natural reading is takeaway or delivery packing made by the restaurant or hotel itself. A factory-made snack sold through a retail shop is a different case and is not covered by the wording.
Clause (c): drug formulations
The original clause refers to scheduled and non-scheduled formulations covered by the Drugs (Price Control) Order, 1995 made under section 3 of the Essential Commodities Act, 1955. The substituted clause (from 1 January 2018) refers to the Drugs (Price Control) Order, 2013 and adds the proviso: "no exemption shall be applicable to medical devices declared as drugs". So a medical device that has been notified as a drug does not get the clause (c) exemption. The consolidation we hold does not carry any later amendment about medical devices; check later amendments.
Clause (d): farm produce above 50 kg
The original exempted agricultural farm produce in packages of above 50 kg. The footnote says the clause "shall be omitted", by G.S.R. 629(E) of 23 June 2017, in force from 1 January 2018. The printed text still shows the old clause, so read the footnote: after 1 January 2018 it is omitted. Packers of bulk farm produce should not rely on it without checking the gazette.
Clause (e): thread in coils
The text as substituted by G.S.R. 870(E) of 4 December 2014 reads "any thread which is sold in coil to handloom weavers". The consolidation shows only the substituted wording, so the earlier wording is not visible.
What the exemptions do not do
- They do not touch the MRP duty of rule 18(2) for sellers of non-exempt goods, because that rule applies to packages under the Rules. For an exempt package, the Rules themselves do not apply.
- They do not say anything about registration of the packer or importer under rule 27 for exempt packs. The text says "Nothing contained in these rules shall apply to any package", and a registration duty attaches to a person who "pre-packs or imports any commodity", so read rule 27 and get advice if your whole range is exempt. See rule 27.
- They do not affect other laws on food or drugs labelling.
Practical examples
Example 1. A 9 g shampoo sachet sold by weight falls within clause (a). A 12 g sachet does not, because 12 g is more than 10 g, and the 10 g to 20 g proviso was omitted in 2011.
Example 2. A restaurant packs biryani in a takeaway box for home delivery. Clause (b) covers that. A cloud-kitchen brand that sells sealed, shelf-stable packs through shops is a different matter, and the wording "packed by restaurant or hotel and the like" does not clearly extend to it, so take advice.
Example 3. A 5 g pack of a tobacco product cannot use clause (a), because of the 2015 proviso.
Need help with an exemption question?
Whether a pack falls within rule 26 depends on the exact clause, its amendments and the product. Our legal consultation service can review your pack against the rule and the current gazette text.
Key takeaways
- Rule 26 exempts packages from the whole of the Packaged Commodities Rules, not from other laws.
- Clause (a) covers 10 g or 10 ml or less sold by weight or measure; tobacco products are excluded by a 2015 proviso.
- Clause (b) covers restaurant or hotel fast food packing; clause (e) covers handloom thread in coils.
- Clause (c) now refers to the Drugs (Price Control) Order, 2013; medical devices declared as drugs are not exempt.
- Clause (d) on farm produce above 50 kg is marked omitted from 1 January 2018.
- Text is as amended up to March 2022; check later amendments.
Read next
- Rule 24 and 25 of the Packaged Commodities Rules, 2011: Wholesale packages and export packages
- Rule 27 of the Packaged Commodities Rules, 2011: Registration of manufacturers, packers and importers
- Rule 4 of the Packaged Commodities Rules, 2011: Regulation of pre-packing and sale
- Exemptions under the Packaged Commodities Rules
Disclaimer: Based on the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended up to March 2022; check later amendments), read with the Legal Metrology Act, 2009 (Act 1 of 2010), as on 30 September 2026. The Jan Vishwas (Amendment of Provisions) Act, 2023 (in force) and the Jan Vishwas (Amendment of Provisions) Act, 2026 (in force only from the date the Central Government notifies) amend the Act's penalty and procedure sections, not rule 26. State Legal Metrology rules, later amendments and notifications change; verify the current position before acting.