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Section 18 of the Legal Metrology Act, 2009: Declarations on pre-packaged commodities

No person may manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale a pre-packaged commodity unless the package is in such standard quantities or...

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Legal Metrology
Published
September 30, 2026
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Oct 3, 2026
Reading time
8 min
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Last updated: October 2026Verified against: Government sources

Section 18 is the parent provision for the whole Legal Metrology (Packaged Commodities) Rules, 2011. It bars every link of the supply chain from dealing in a pre-packaged commodity unless the package is in the prescribed standard quantity and carries the prescribed declarations, and it adds a separate rule for advertisements that mention a retail price. Section 18 is not amended by either Jan Vishwas Act, but its penalty section (section 36) is.

What is a "pre-packaged commodity"?

Section 2(l) defines it as "a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity". Two features matter:

  • the commodity was packed without the purchaser being present; and
  • the package is of whatever nature, sealed or not, and the quantity is pre-determined.

A loose item weighed out for a customer who is standing at the counter is therefore not pre-packaged. A biscuit packet, a bottle of oil, a sealed bag of rice and a carton of soap are. "Label" in section 2(f) means any written, marked, stamped, printed or graphic matter affixed to or appearing on a pre-packaged commodity.

Sub-section (1): the prohibition

The verbs are deliberately wide: manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale. That covers the factory, the packer, the importer, the wholesaler, the retailer and a warehouse holding stock. The condition has two limbs:

LimbText
QuantityThe package must be "in such standard quantities or number" as may be prescribed
DeclarationsIt must bear "such declarations and particulars in such manner as may be prescribed"

"Prescribed" under section 2(o) means prescribed by rules made under the Act. The power for this section sits in section 52(2)(j): "the standard quantities or number and the manner in which the packages shall bear the declarations and the particulars under sub-section (1) of section 18". So the detail is in the Packaged Commodities Rules, 2011, which are Central rules made under section 52.

What the Packaged Commodities Rules add

The Rules (as amended up to March 2022; check later amendments) fill the section. A few anchors from the text:

  • Rule 4(1): no person shall pre-pack or cause or permit to be pre-packed any commodity for sale, distribution or delivery unless the package bears, or a securely affixed label bears, the declarations required under the Rules. The Explanation adds that packages without a retail sale price inside the manufacturer's premises are not a violation, provided every package leaving the premises carries the declaration.
  • Rule 6(1): every package must carry a "definite, plain and conspicuous declaration" of the matters listed, including the name and address of the manufacturer (and of the packer, and for an imported package of the importer), the common or generic name of the commodity, the net quantity in the standard unit or the number, and the month and year of manufacture, pre-packing or import. Clause (aa) asks for the country of origin on imported products.
  • Food: Explanation III to rule 6(1)(a) and the provisos to clause (d) say that for packages containing food articles the requirements of the Food Safety and Standards Act, 2006 and its rules apply instead for those particular declarations. Our Legal Metrology guidance does not restate food labelling rules; see our FSSAI label compliance service for that side.
  • Standard quantities (rule 5 and the Second Schedule): the consolidated text we used shows rule 5 with a footnote recording its omission by G.S.R. 779(E) of 2 November 2021, effective 1 October 2022 as extended by G.S.R. 226(E) of 28 March 2022. Check the current text before relying on the Second Schedule, and see our existing guide on standard quantities in packaged goods.

Each rule has its own article in this series; this article deals with the statutory duty only. For a practical overview of the declarations, see mandatory declarations on pre-packaged commodities.

Sub-section (2): advertisements

"Any advertisement mentioning the retail sale price of a pre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package in such form and manner as may be prescribed."

The trigger is the retail sale price appearing in the advertisement. If an advertisement says "Rs 99", it must also state the net quantity or number. The form and manner is left to the rules. The Packaged Commodities Rules consolidation we used lists a rule 31 in its index and prints text under that number requiring the net quantity in an advertisement in the same font size as the retail sale price; the list of rules shows rule 31 as omitted, so check the current text of the Rules before relying on a font-size requirement.

Section 11(1)(c) separately requires that any advertisement, poster or other document quote quantities in standard units. See our article on sections 11 and 12.

Consequences

  • Penalty: section 36(1) punishes anyone who manufactures, packs, imports, sells, distributes, delivers, offers, exposes or possesses for sale a pre-packaged commodity "which does not conform to the declarations on the package as provided in this Act". Section 36(2) deals with errors in net quantity. The amounts, including the 2026 Act's e-commerce wording, are in our article on section 36.
  • Forfeiture: under section 16(1), every package made in contravention of section 18 and seized under section 15 is liable to forfeiture to the State Government. See section 16.
  • Rules penalty: rule 32 of the Packaged Commodities Rules deals with contravention of the Rules that has no separate punishment; we cover it in our article on rules 32 and 32A.

Who is bound in practice

PersonWhy caught
Manufacturer or packer"manufacture" and "pack"
Importer"import"
Wholesaler or distributor"sell", "distribute", "deliver"
Retailer or e-commerce seller"offer", "expose or possess for sale", "sell"
Advertisersub-section (2)

Example 1. A retailer stocks sealed packets supplied by a wholesaler. The packets carry no net quantity. The retailer "possesses for sale" a non-conforming pre-packaged commodity, and section 18(1) is engaged even though he did not pack them.

Example 2. A brand runs a newspaper advertisement showing the price of a 500 g pack but not the quantity. Section 18(2) requires the net quantity to be declared in the advertisement.

Need help with packaged goods compliance?

If you pack, import or sell packaged goods and want to check the label and the advertisement against the Packaged Commodities Rules before a consignment leaves, we can review the pack with you. Start with our FSSAI label compliance service and bring a sample pack and its artwork.

Key takeaways

  • Section 18(1) bars dealing at every stage in a pre-packaged commodity that lacks the prescribed standard quantity or declarations.
  • Section 18(2) requires the net quantity in any advertisement that mentions the retail sale price.
  • The detail is in the Packaged Commodities Rules under section 52(2)(j); food packs have their own carve-outs to the Food Safety and Standards Act, 2006.
  • Breach is punishable under section 36, and non-conforming packages are liable to forfeiture under section 16.
  • Section 18 is not amended by the Jan Vishwas Acts.

Read next

Disclaimer: Based on the Legal Metrology Act, 2009 (Act 1 of 2010) as enacted, read with 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); section 18 is not amended by either Act. Also based on the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended up to March 2022; check later amendments), as on 30 September 2026. State Legal Metrology rules, later amendments and notifications change; verify the current position before acting.

Quick recapKey facts & short answers

Key Facts About Section 18

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Does section 18 apply to loose goods weighed in front of the customer?

No. Section 2(l) covers a commodity packed without the purchaser being present with a pre-determined quantity.

Is a retailer liable for a supplier's wrong label?

The section lists "sell", "offer, expose or possess for sale" among the prohibited acts, so a retailer is within its words.

Keep test reports and batch records together; they answer most questions an inspector will ask.

— TaxClue Product Compliance Desk

Section 18: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

No. Section 2(l) covers a commodity packed without the purchaser being present with a pre-determined quantity.

The section lists "sell", "offer, expose or possess for sale" among the prohibited acts, so a retailer is within its words.

The Central Government, through the Packaged Commodities Rules made under section 52(2)(j).

For some declarations the Rules defer to the Food Safety and Standards Act, 2006 (Explanation III to rule 6(1)(a) and the provisos to clause (d)).

If it mentions the retail sale price, it must declare the net quantity or number in the prescribed form and manner.

Section 36 prescribes it; see our section 36 article for the layered amounts.