Date : 2022-04-19
There are several declarations prescribed under the act of Legal Metrology Packed Commodities Rules, 2011. It provides the proper guidelines on declarations and elaborates the facts that need to be declared by the manufacturer, importer, or Packer. Every person, firm, corporate, Hindu undivided family whosoever is dealing in the waiting measures of prepacked commodities in the market of India under Legal Metrology Packed Commodity Act weather from outside India or doing business from within India are bound for all the mandate declaration to be made on the package of the commodity according to the Indian Legal Metrology system and the Act.
Every package shall bear the label securely affixed thereto, it is important conspicuous and plain declaration should be done in accordance with the provision of chapter II of Indian Legal Metrology Packed Commodities Rules, 2011 as to:
Proper declaration as per the guidelines of Legal Metrology Packed Commodity can make the manufacturer, packer, or importer deals into the Indian market easier.
Declarations as per the Act are useful and to the benefit of the general public.
Declaration on the package gives clarity about the product and secures the interests of the public also it makes the product more reliable and trustable.
Declaration gives the full fledge knowledge about the product to the consumer.
Declarations on package also gives clarity to the consumer about the package of product.
Where the manufacturer is not a packer then the label should have the full name and address of the manufacturer and packer.
The full name and address of the importer shall be mentioned on a package that is imported from outside the country.
The name and address of the company have to be mentioned with the qualifying words such as “packed by” or “manufactured by”. If, in case, the qualifying words are not used in the name and address on the label, the liability shall be determined accordingly by the concerned authority.
In the package of food articles, the requirement is to be fulfilled as per the prevention of Food and Adulteration Act, 1954 and the rule made there under shall apply.
The package should contain the common or generic names of the commodity and where the package with more than one product the name and number or quantity of each product shall be mentioned on the package as per the Act.
The number of commodities contained in the package shall be mentioned in the Net Quantity in terms of standard units of weight and measure where the commodity is packed or sold by number under the Act.
It is mandatory to mention on a package the month and year in which the commodity is pre-packed or manufactured.
The package containing food articles shall comply with the provision of Prevention of Food Adulteration Act, 1954. Furthermore, the manufacturer has the liberty to mention the month and the year by using a rubber stamp without overwriting.
The package which contains the products of cosmetics has to comply with the provision of the Drugs and Cosmetic Rules, 1945.
It is mandatory for the importer to take the LMPC approval for imported goods.
The packages contain alcoholic beverages and liquor. On such packages the State Excise Law and Rules shall be applicable in the state in which such commodity is manufactured and where the State Excise Laws and Rules made thereunder do not provide for declarations of the retail sale price, provisions of these Rules shall apply.
Where the package of the commodity contains the dimensions of the commodity and if the dimensions of different pieces are different from each other than the different dimensions of each different piece shall be mentioned on the packaged commodity in the case where the size of the commodity contains in the package are relevant.
No declaration as to the month and year in which commodities manufactured or prepacked are required to be made on the following:
Package which contains incense sticks.
The Package which contains the bidis.
Any package of domestic liquefied petroleum gas cylinder of 14-points 2K or 5K.
Any package which is marked and bottled by a Public Sector Undertaking.
Wherever any packaging material bearing the month in which the commodity was expected to be pre-packed is not exhausted during that month, such packaging material may be used for the pre-packed commodities, produced or manufactured during the next subsequent month and not thereafter.
The Central Government may, if deemed fit and satisfied, ensure that such packaging material could not be exhausted during the aforesaid period for any reason
The circumstances which are beyond the control of the Packer or manufacturer then may extend the time officers packaging material.
Under the act whenever any packaging material is exhausted before the expiry of one month indicated then such packaging material intended to be used during the next month subsequently may be used for prepacking of such commodity.
It is mandatory for the manufacturer, importer, packer, or seller to have the LMPC Registration.
The provision of the extension of the time by the Central Government in any of the circumstances or situations shall not apply to the packages containing food products with the label of
Under LMPC no declarations as to the Retail Sale Price (RSP) are required to be made on the following:
Any package containing Bidi.
Any domestic liquefied petroleum gas cylinder of which the price is covered under the Administrative Prime Mechanism of the Government.
In the month invested, the commodities prepacked can be expressed either in words or in a numeric form indicating the year and the month or both.
Every package shall bear
the telephone number
address of the premises
the name of the person to be contacted in case of a consumer complaint.
Affixing individual stickers on the package of commodities to make declarations required under these rules are not permissible under the act.
The sticker with the revised lower MRP which shall include all the taxes may be affixed for reducing the minimum retail price. This should not cover the MRP declaration made by the manufacturer or the Packer on the label of the package.
The use of stickers for making any kind of declaration other than the declaration required to be made under these rules is permissible.
As per the Act the commodity which consists of the components in a numerical form then components should be packed in two or more units for the sale of a single commodity.
The declaration required to be made which shall appear on the main package and such package is mandatory to carry information about the other accompanying package as well.
Such declarations may be given on individual packages and intimidation, or the main package. In case the components are sold in spare parts then all the declarations must be given on each package.
Every declaration has to be made with the compliance of the act of the act by every importer, manufacturer, or packer without which no one is permissible to deal with the packed commodities in any manner.
The act tells the area size and letter of declaration shall be displayed on the Principal Display Panel of the product packaging.
On the principal display panel every declaration is required to be made under the rule of the act.
The Area surrounding the quantity declaration shall be free from every kind of printed information.
If the declaration is made in a form of numerical then there should be proper and equal space given between the numbers of declarations.
Author : ELT Consultants