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General Provision for LMPC Declaration

Introduction

  • Legal Metrology packaging rules have laid down certain rules of LMPC declarations on packages of the commodity. The provision has to be followed by every manufacturer, importer, packer, seller, and dealer of the commodity.

  • While dealing in the pre packaged commodities or in the weights and measures any person found guilty of not following the provisions shall be liable to get punished under the following:

  • The declarations on the package have to be made in a certain form, while keeping various things in mind such as:

    • where to make such declarations,

    • manner in which declaration shall be made,

    • general provision relating to declarations of quantity,

    • manner in which declarations of quantity shall be made,

    • statement of units of weight, measure or number, etc.

  • All these provisions have been discussed in this article and will clear the concept of how and where the declaration shall be made on the package of the commodity.

In which Place of Package, you can make Declarations?

  1. Every declaration is required to be made under the rules of the Legal Metrology Act (Commodities Rules) 2011 and as per the Legal metrology packaging rules the declaration shall appear on the principal display panel.

  2. Any area of the package surrounded by the quantity declaration shall be free from printed information.

  3. The declaration shall be made as per the Legal metrology packaging rules by giving equal space above and below, at least the height of the numerals in the declaration.

  4. At least twice the height of the numerals in the declaration, a space shall be given left and right.

  5. Proper declaration on alcohol beverages has to be made as per the act.

  6. The declaration on soft drinks which are ready to serve as

    1. fruit beverages or

    2. like the bottle which is returnable by the consumer for being refilled, the retail sale price may be indicated either

      1. on the crown cap, or

      2. on the bottle or both.

  7. If the retail sale price is declared on the crown cap or the bottle, it is sufficient to indicate the retail sale price in the form of MRP. Rs.

General Provisions Relating to the Declaration of Quantity

  1. The net quantity of the commodity contained in a package,

    1. the weight of wrappers and

    2. materials other than the commodity

shall exclude the commodity in a package is not likely to undergo any variation in weights and measures on account of environmental condition.

  1. The quantity declared on the package shall correspond to the net quantity which shall be received by the consumer.

  2. The declaration of the quantity of a commodity as declared on the package and the declaration of quantity on such package shall not be qualified by the words "when packed"

  3. The declaration of quantity in relation to the package is likely to undergo variation in weights or measures on account of environmental conditions and such variation is negligible.

  4. The declaration of quantity in relation to the package shall be made after taking into account such variation so that the consumer may receive not less than the quantity of commodity as declared on the package.

  5. The declaration of quantity on such a package shall not be qualified by words “when packed”.

  6. The declaration of quantity in relation to the commodities which are likely to undergo significant variation in weights or measures on account of environmental or other conditions may be qualified by the word “when packed” as is specified under the Act as per the Legal metrology packaging rules.

In which manner shall the Declaration on Commodity be made?

As per the Legal metrology packaging rules every declaration on the package is required to be made under the rules of the act, which shall be the following:

  1. The numerals of the retail sale price and net quantity declaration shall be

    1. printed,

    2. painted, or

    3. inscribed on the package in a color that contrasts conspicuously with the background of the label.

  2. Where the information has to be written on the glass or plastic surface, such information shall be required to be presented in a contrasting color.

  3. Where the declaration on a package is printed either in the form of handwriting or hand script, such as a declaration shall be

    1. clear,

    2. legible, and

    3. unambiguous.

  4. The declaration should be

    1. Legible, and

    2. prominent

  5. It is not allowed to make any declaration to be made as to require it to be read through any liquid commodity contained in the package.

  6. The packages provided with an outside container or wrapper, such a container or wrapper shall also contain all the declarations required to appear on the package.

    1. It is not required only in a case where such a container or packer itself is transparent, and

    2. The declaration on the package itself is easily readable through such an outside wrapper.

  7. No such declaration on the inner package is required if the inner package does not contain any declaration on its outer cover.

  8. The particular type of declaration is required to be specified under the rule on a package and shall either be in

    1. Hindi

    2. Devanagiri script, or

    3. English Language.

  9. However, nothing contained under the act prevents the use of any other languages in addition to Hindi or English.

In what manner should the declaration of quantity be made on a package?

A certain manner provided under the legal metrology packaged commodities act in which the declaration shall be made on a package, such as:

  1. It is to be expressed in terms of such

    1. Units of weights or measures act

    2. Number combination of weight measure, or

    3. Number as the word given accurate and adequate information to the consumer with regards to the quantity of the commodity contained in a package.

  2. However, in the case of the commodity specified in the fourth schedule of the act the declaration of quantity shall be a term of a unit of followings.

    1. Length, if the commodity is sold by linear measure,

    2. Volume, the commodity is liquid or is sold by cubic measure,

    3. Mass, the commodity is solid, semisolid, or a mixture of solid and liquid,

    4. Area, the commodities sold by area measure.

  3. Where the declaration of quantity has been made in terms of mass, the manufacturer or importer may, at his option, make an additional declaration on the package as to the number of commodities contained in the package.

  4. Wherever it is necessary to communicate to the consumer any additional information about the commodity packed in the package, such information has to appear on the same panel on which other information has been indicated.

  5. In the case of the declaration of quantity by weights or measures, or number is not sufficient to give to the consumer full information with regards to the following:

    1. number of commodities,

    2. dimensions, and

    3. commodities contained in the package.

Such a declaration shall be accompanied by declarations of dimensions or number, or both, depending on the necessary commodity contained in the package.

  1. In the provision of quantity, nothing shall be contained any word or expression which tends to create a misleading or inadequate impression as to the quantity of the commodity contained in the package, such as:

    1. words of expression like minimum,

    2. not less than,

    3. average,

    4. about,

    5. approximately, or

    6. other similar words of nature, which are prohibited to be mentioned on the package of the commodity as per the act.

Declaration of name and address of the manufacturer

  1. As per the provisions of rule 6, every package offered or exposed for sale to the consumer shall bear

    1. the name, and

    2. complete address of the manufacturer on it.

  2. If the manufacturer is not a packer, the name, and address of the manufacturer and packer should be mentioned on the package.

  3. In the case of an imported package, the name and address of an importer shall be mentioned on the package of the commodity.

  4. The name of the manufacturer, packer, importer, shall

    1. be the actual corporate name or,

    2. if not corporate, the name under which the business is conducted by such manufacturer, importer, or packer in India, shall be mentioned on the package of the commodity.

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