Packaging of Masks as per LMPC under Legal Metrology

Packaging of Masks as per LMPC under Legal Metrology

Date : 2020-09-15

According to Section 18 of the Legal Metrology Act, 2009 (further referred to as Act) declarations on every pre-packaged commodity are mandatory in such a manner as may be prescribed. Besides, a person should not manufacture, pack, sell, import, distribute, deliver, offer, expose, or possess (for sale) a packaged commodity without the declarations and particulars.

Mandatory Declarations on Pre-Packaged Commodity:

  • Name and address of the manufacturer/packer/importer

  • Country of Origin

  • Net quantity

  • Name of the commodity

  • Month and year of manufacturing/packing/import,

  • Maximum Retail Price (MRP incl. of all taxes)

  • Customer Care Details

Also, an e-commerce organization (like Amazon or Flipkart) is required to ensure the mandatory declarations prescribed under Rule 6 of the Legal Metrology Packaged Commodity Rules (LMPC), 2011, except the month and year of manufacturing, should be displayed on the digital and electronic network used for e-commerce transactions.

As stated under Section 36 of the Act, if a person manufactures, packs, imports, sells, distributes, delivers or transfer, offers, expose, or possess for sale, or causes to be sold, distributed, delivered, or transferred, offered, exposed for sale any pre-packaged commodity which is not as per the declarations prescribed, therefore shall be punished with fine upto,
  • Rs. 25,000 (First offence)

  • Rs. 50,000 (second-time offence)

  • Rs.50,000-Rs.1,00,000 (subsequent offence)

However, there are specific measurements to be followed for mandatory declarations on the pack of each commodity. 

During the Covi-19 period in Goa, the Legal Metrology Officers seized around 1,000 face masks for not bearing mandatory declarations (Maximum Retail Price, date of manufacture, etc.). Further, the officers found masks at some outlets were being sold for Rs.30 to Rs.500 without any mandatory declarations. They assured action if forged masks were being sold in the state.

Conclusion:

The manufacturers/ packers/importers shall always contact a legal expert for compliance of rules given by the Legal Metrology Department. While purchasing a product in a market one should always look for declarations on the pack.
Also, while selling the goods, the shopkeeper must ensure that the goods which they are buying for further selling, the suppliers of goods must have a valid LMPC Certificate/Packer Registration.

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DISCLAIMER :- The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.

Author : Rashi Chandok