Every person who is dealing in weights and measures or a pre-packaged commodity under a legal metrology act and is very well aware that the LMPC declarations made on packages plays a role of breath for the life of the business.
Every manufacturer under legal metrology packaging rules is required to make the proper declarations about the pre packed commodity on the package of the commodity. Without LMPC declarations, no manufacturer is allowed to sell his goods in the Indian market as per the Indian Legal Metrology system.
It is to be insured by every importer who is importing the pre packed commodity in India that while importing the commodity, every declaration should be mentioned on the package of the commodity.
Without the declaration on the packages, no importer is allowed to import any such commodity into the Indian market. If any person who can be a manufacturer, packer, dealer, seller, or importer of the pre-pack commodity deals in the Indian market without making the proper declarations on the package of the commodity have to face the legal consequences and shall be punishable under the Legal Metrology Act and Indian Penal Code.
The consequences of such offenses can also lead to the suspension of the license of such a manufacturer, importer, or packer of the commodity. As for the Legal Metrology Act, the LMPC declaration is mandatory to protect the interests of the customer.
Why is there a need for awareness in consumers for Declaration?
- Not just the busy schedule, even after the period of COVID has introduced a massive change in the pattern of shopping in almost every house in the country or the world. While shopping through the mode of online shopping, the buyer and seller of the commodity cannot interact with each other face to face.
- So, what can be the thing on which the consumer can rely while purchasing the commodity?
- For the same purpose, to fulfill the requirements of the consumer by keeping their interests safe and secure, the declaration on the package plays an important role while shopping in online or offline mode.
- The LMPC declaration on the package not only provides information about the commodity under the package but also builds trust between the consumer and the seller, which will ultimately increase the consumer’s faith in the trade, on the website, or from whichever portal the consumer prefers to buy the commodity from itself.
Provision of Declaration under Legal Metrology
- The Legal Metrology packaging rules lays down various rules and regulations with regards to the LMPC declarations for the manufacturer, importer, packer, dealer, and seller of the commodity. For compliance purposes, the legal metrology officer makes sure that all the rules and regulations are properly followed up.
- The inspection is conducted from time to time. Among all the rules and regulations, there is one major factor that plays an important role in the Indian Legal Metrology system, and that is the declarations made on the package of the commodity under legal metrology packaging rules.
- The declarations on the package of the commodity not only provide information about the product or commodity but also help to stop or reduce the legal metrology disputes which may arise due to the non-compliance of the act and rules or by cheating the consumer in the market.
- The declarations under legal metrology packaging rules also provide accurate information about the products, without which the consumer would not be able to opt for the best product of their choice and needs.
- The product or a commodity is not allowed to be imported into the country without having the proper declaration on its package, and then no product or commodity is allowed to sell into the market without having the proper declaration on its package.
- All the pre-packaged commodities need to have the proper declarations on their packages so that they will be more reliable and put transparency between the consumer and the trade or business.
- The LMPC declarations made on the package of the commodity are not an option for the manufacturer, packer, seller, or importer of the commodity. It is one of the mandatory rules and instructions for compliance with the act.
- The Legal Metrology Act aims to protect the interests of the consumer, and the LMPC declaration plays an important role in protecting the interests of the consumer as it tells every fact about the commodity packed under the package.
What are the declarations to be made on every package?
In this article, we are going to discuss the several LMPC declarations which are to be made on the packaging of the commodity manufactured by the manufacturer, sold by the sailor, or imported by the importer. Under Legal Metrology packaging rules every package of the commodity shall mention the following details:
- Name of the manufacturer/importer of the commodity.
- The proper address of the manufacturing unit of such a commodity.
- Telephone number or another contact number of the manufacturer or its unit.
- E-mail address of the manufacturer or importer of the commodity
- The Declaration about the month and year in which the commodity is manufactured or prepacked shall be made on the package of the commodity.
- Every package of the commodity shall have the label securely affixed thereto, a plain and clear declaration made under the provisions of chapter 2 of the legal metrology pad commodity rules 2011. The above-mentioned chapter of the act says the following:
- Name and address of the manufacturer,
- Name and address of the manufacturer where the manufacturer is not a Packer.
- Both the name and address of the packer and manufacturer.
- name and address of the importer in the case of an imported package.
- In the case of a company, the address of the company shall be labeled by qualifying words such as: “Manufactured by” or, “Packed by”
- If more than one name appears on the label of the package, then the manufacturer will be charged under the act.
- The commodity package shall contain the common and generic names.
- If the package is packed with more than one product, then the name, quantity, and number of each product shall be mentioned on the package.
- The standard unit of weights measures the net quantity of the commodity contained in the package or sold by number. The number of the commodity shall be mentioned on the package.
- It is mandatory to mention the year of the manufacturing, or prepacking or importing of the commodity shall be mentioned on the package.
- The package must have information about the retail sale price.
- If every size of the commodity under the package is different, or if the commodity is different from each other, then the pieces under the package will have different sizes. In such a case, the dimensions of each commodity and every different piece should be mentioned on the package.
- Use of the sticker is permissible for making any declaration other than the declaration required to be made under this rule of the act.
- Where the committee consists of numerous components, all the components are packed into two or more units for sale as a single commodity. In such a case, the declaration is required to be made under the act or the package of the commodity.
- The number of components shall appear on the main package, and such packages shall also carry information about the other accompanying packages. Such information can be given on individual packages and the intimation about the declaration may be given on the main package.
- If the components are sold as spare parts, then all such declarations under legal metrology packaging rules shall be given on each package of commodity to be sold.
- The packaging material which could not be exhausted by the packer or the manufacturer of the commodity but not is used for the packing of the material after March 31st, 2012, or the date the package material or wrappers are exhausted, whichever is earlier.
When the declarations under the LMPC act are not mandatory?
Declarations on the package of the commodity are not mandatory in the case of the following cases:
- Any domestic liquefied petroleum gas cylinder of 5kg or 14.2kg,
- Marketed or bottled by a public sector undertaking.
- Any package contains bidis or incense sticks.
- When it comes to the packages containing food articles, the provisions of this chapter do not apply as they come under the prevention of food poisoning act of 1954. Hence the rules made thereunder shall apply to the packages containing four articles.
- The said chapter of the act does not say anything about the packages containing seeds that are labeled and certified under the provision of seeds act, 1966. Hence, on the packages of the seeds, the provision of seeds rules shall be applied there.
- Packages containing alcoholic beverages shall come under the rule of estate excise law and the same will apply to such packages.
- No declaration as to the retail sale price is required on the following:
- Any package containing bidis
- any domestic liquefied petroleum gas cylinder whose price is covered under the administrative price mechanism of the government.
- The individual sticker on the package for altering or making a declaration as per the rules is not permissible under the act.
- The minimum retail price shall be fixed on the package by the committee and shall not cover the MRP declaration made by the manufacturer or the packer on the label of the package.