Every registered Packer with a packer manufacturer license from the Department of Legal Metrology must adhere to the rules and regulations detailed in the Legal Metrology Package Commodity (LMPC) Rules. The Legal Metrology Packaging Registration procedure is very complex and requires certain expertise to acquire such licenses. Therefore, after gaining the packaging registration from the Department of Legal Metrology, the Packer must follow the guidelines per the LMPC Rules.
Packer Manufacturer: Packaging Declarations
Package Labelling: Every package must bear on it or the label affixed on them a definite, plain, and conspicuous declaration. The LM-regulated Packer must make such declarations in accordance with the provisions of the Legal Metrology Packaged Commodity rules.
Name of the Manufacturer/Packer/Importer: The declaration must contain the name and address of the manufacturer. If the manufacturer is not the Packer, then the declaration must include the name and address of the manufacturer and Packer. In case the commodity is imported, the Packer must mention the name and address of the importer.
Omissions in Declaration
If the declaration does not mention any name and address of the company without qualifying words ‘manufactured by’ or ‘packed by,’ then the Authority will presume the name and address of the manufacturer. Also, the Metrology Authority will determine the liability accordingly.
Packer Manufacturer as the Marketer
The brand name and address of the brand owner appear on the label as a marketer. Therefore, the Authority will hold the brand owner responsible for violating these rules. In addition, the Legal Metrology Department will initiate action against the deemed manufacturer. If the event of more than one name and address appears on the label, the Authority will launch prosecution against the manufacturer. The Authority can initiate the action against the manufacturer indicated on the label and not against all of them.
Note: If the packages contain food articles, the provisions of the LMPC Act will not apply. Only the Prevention of Food Adulteration Act of 1954 will apply in such cases.
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Packer Manufacturer: Nomenclature
The registered Packer Manufacturer must mention the standard and generic names of the commodity contained in the package. In case of packages with more than one product, the Packer must mention the name and quantity of each product on the package.
The Packer must mention the net quantity in terms of the standard unit of weight or measure. They must also mention the commodity contained in the package or the commodity packed or sold by number. The Packer must also mention the month and year in which the commodity was manufactured, pre-packed, or imported in the package.
Exceptions to the Package Commodity Act
Food Articles: Provided that for packages containing food articles, the provisions of the Prevention of Food Adulteration Act 1954 (37 of 1954) and the rules made there under shall apply
Seeds: In packages containing seeds, the Packer must conform to the regulations for labeling and certifying under the Seeds Act of 1966. The manufacturer must indicate the month and year using a rubber stamp without overwriting.
Cosmetics: The Drugs and Cosmetics Rules of 1945 will apply to packages containing cosmetics products.
Alcoholic Beverages: For packages containing alcoholic beverages or spirituous liquor, the State Excise Laws will apply. Laws will apply within the state where it was manufactured. If the State Excise Laws and Rules do not provide for declaration of the retail sale price, then the provisions of LMPC rules will apply.
Package Dimensions: The commodity sizes contained in the package are relevant. Therefore, the Packer must mention the dimensions of the commodity included in the package. In addition, if the dimensions of the different pieces are different, the Packer must also mention the dimensions of each such different piece.
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Packer Manufacturer: Consumer Complaints
Every package must bear the following information of the person who can be contacted in case of consumer complaints:
- Name
- Address
- Telephone Number
- E-mail Address (if available)
