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Mandatory Requirements for Packaged Commodities under Legal Metrology Act

calendar02 May, 2023
timeReading Time: 7 Minutes
Mandatory Requirements for Packaged Commodities under Legal Metrology Act

LMPC License or Legal Metrology Packaged Commodities Certificate is a mandatory requirement for packaged commodities under the legal metrology act, where all importers and manufacturers handle importing pre-packaged goods to India. Rule 27 of the LMPC (Legal Metrology Packaged Commodities Rules), 2011[1], every packer & importer of pre-packed products must register and obtain an LMPC license and ensure the mandatory declaration of the package; this Act regulates and controls the import, sale & distribution of pre-packed commodities in India. If the importer or manufacturer registered under this Act creates an impression of consumer protection and enhances the fair trade practices of such products. So obtaining an LMPC certificate for your product creates trust and handling of goods with correct measurements.  Scroll down to check some mandatory requirements for Packaged Commodities under Legal Metrology Act.

What are the provisions applicable to packages commodities intended for Retail sale?

The following are the Mandatory regulation for pre-packaged commodities under Legal Metrology Act for Retail Sale

No person or business entity shall pre-pack or permit to be pre-packed any commodity or goods for sale, distribution/delivery unless the package in which the commodity is pre-packed bears the declaration or on a label is securely affixed with the package; the following are the rules for such declarations as required to be made on every package for Packaged Commodities under Legal Metrology Act.

  1. Every package should bear a label securely affixed to the package, and a definite, plain and clear declaration should be made under the provisions of the Act under packaged commodities under legal metrology act
    • The details like the name and address of the manufacturer, in the case of the packer, the name and address packer needed. For any imported package, the details like the name & address of the importer shall be mentioned in the package. The declaration, such name and address of the package, shall also be known to the consumers by scanning the QR code for other related information.
    • Suppose any name and address of a company is mentioned on the label without qualifying words ‘manufactured by’ or ‘packed by’. In that case, it shall be understood that such name & address shall be that of the manufacturer & the liability shall be determined accordingly.
    • If the name and address of the brand owner appear on the package label as a marketer, then the owner of the brand shall be held responsible for violating these rules.
    • The imported products should contain the name of the country of origin or manufacture on the package.
    • The generic names of the commodity should be contained in the package, and packages with more than one product, the name, number, or net quantity of each product should be mentioned on the package.
    • The net quantity should be mentioned in terms of the standard unit of weight or measures of the commodity or goods in the package. If the commodity is packed/sold by number, the number of the commodity in the package shall be mentioned.
    • The Details like month and year in which the commodity is manufactured should mandatorily be mentioned in the package.
    • If a package contains any products which may become unfit for human consumption after a while, the `use by the date, month and year’, i.e. the expiry date, shall also be mentioned on the label.
    • As “best before” means the date which means the end of the usage of the product under any storage conditions during that period, the product shall.
    • Be marketable & shall retain any particular qualities for which tacit claims have been made & beyond the date, the commodity may still be safe for consumption.
    • With the word “Use by Date” or expiry date means the date that signifies the end of the product estimated period under any stated storage conditions after which the product or item shall not have the quality attributes generally expected by the consumers & after this date, the commodity should not be regarded as marketable.
    • The retail sale price of the package shall indicate that it is the maximum retail price inclusive of all taxes in Indian currency.
    • Where the sizes of the product contained in the package are relevant to the description mentioned in the package, the dimensions of the goods contained in the package or if the different pieces have different dimensions, the dimensions of each such different piece shall be mentioned.
    • No declaration as of the month & year in which the commodity is manufactured/pre-packed shall be required to be made on.
    • Where any packaging material bearing the month in which any commodity was highly expected to have been pre-packed is not exhausted, such package material may be used for pre-packing the commodity produced or manufactured during the next succeeding month, not after that. Still, the Union Government may, if it is completely satisfied that such packaging material could not be exhausted during the period aforesaid because of any circumstance that happened beyond the control of the manufacturer/packer as the case may extend the time of which such packaging material can be used, or where any such package material is exhausted before the month end indicated in the package, the packaging material that is intended to be used duriat the time of the next succeeding month may be used for pre-packing the concerned commodity:
  • Every package should bear the name, address, telephone number, and E-mail address of the person or individual who can be or the office which can be or office which can be contacted in case of consumer complaints. Provided that in the case of electronic products, which are manufactured/packed/imported after the 15th of July 2022, the package of such product shall, for one year from such date, declare the telephone number & e-mail address on the package itself and such declaration should also contain information to the consumers to scan the QR code for other product or consumer-related information if the details are provided through the QR Code and not provided on the package itself.
  • It is not permissible to affix individual stickers on the package for altering or making declarations required under these rules. Provided that for reducing the MRP(Maximum Retail Price), a sticker with the revised lower MRP (inclusive of all taxes) may be affixed on the package, and the same shall not cover the MRP declaration made by the manufacturer/the packer, as the case may be, on the package label.
  • Using stickers for making any declaration other than those required under these rules shall be permissible. Nothing in this rule shall prevent a manufacturer, packer, or importer from declaring the following on the package in addition to the mandatory declarations.
    • Barcode or GTIN or QR Code
    •  ‘e-code’ is used for net quantity assurance of the commodity & other required declarations after getting the same in the manner as prescribed by the Central Government.
    • Logos of Government schemes, such as Swatch Bharat Mission, where the Central Government authorises such use.
  • Where a commodity consists of several components or products and these components are packed in two/more units for sale as a sole commodity or product, the declaration required to be made under sub-rule (1) of the Act should appear on the main package of the commodity, and such package should also carry information about the other accompanying packages, or any declaration that is given on individual packages and intimation may be given on the main package. All declarations should be given on each package if the components or parts are sold as spare parts as per Packaged Commodities under Legal Metrology Act.
  • Any wrapper that could not be exhausted by the manufacturer, packer, or importer may be used after making corrections required under these Acts by stamping or stickering, or online printing, as the case may be mentioned in the Packaged Commodities under Legal Metrology Act.
  • Every package or product containing genetically modified food shall bear at the top of its principal display panel the words “GM.”
  • Every package containing soap, shampoos, and kinds of toothpaste, cosmetics and toiletries should bear at the top of its principal display panel a red dot or a brown dot for products of non-vegetarian origin & a green dot for products of vegetarian origin as per Packaged Commodities under Legal Metrology Act.
  • Without prejudice to the provisions in the rule, affixing a label on imported packages for making the declarations required under these rules shall be permissible.
  • An E-Commerce business entity shall ensure that the mandatory declarations under sub-rule (1) of the Act, except the date of manufactured or packed of the commodity, should be displayed on the digital and electronic network used for e-commerce transactions. Provided that in the case of market place model of e-commerce, the responsibility for the correctness of declarations shall lie with the manufacturer/seller/dealer/importer if
    • The function of the e-commerce business entity is limited to providing access over the information made available by the manufacturer, seller, dealer, or importer is transmitted or hosted.
  • The entity observes due diligence while discharging its duty as an intermediary under the IT (Information Technology) Act of 2000. It also observes other guidelines the Central Government may prescribe on this behalf.
  • The unit sale price of the product should be in rupees, rounded off to the nearest two decimal places of the price, and shall be declared on every pre-packaged commodity in the following manner, namely
    • Per gram, where the net quantity is less than 1 kilogram & per kilogram, where the net quantity is more than 1 kilogram.
    • Per centimetre where the net length is less than 1 metre & per metre where the net length is more than 1 metre.
    • Per millilitre where net volume is less than 1 litre & per litre where net volume is more than 1 litre.
    • Per number or unit if any product is sold by number or unit

Provisions Applicable To Wholesale Packages

Mandatory regulation for pre-packaged commodities under Legal Metrology Act for Wholesale Package products. Every wholesale package should bear a definite, plain and conspicuous declaration on the package as per Packaged Commodities under Legal Metrology Act.

(a) The details such as name and address of the manufacturer or importer or packer

(b) The identity of the product contained in the package &

(c) The total number of retail packages contained in such wholesale package and the net quantity in terms of standard weights, measures/number of the commodity contained in the wholesale package.

Nothing in this rule shall apply to a wholesale package if a declaration is similar to the declarations as per the Act is required to be made on such wholesale packages or under any other law for the time being in force.

Conclusion

The Legal Metrology Packaged Commodities Rule provides specific mandatory requirements for packaged commodities under legal metrology Act for all the manufacturers, importers and packers who import pre-packaged commodities for sale & distribution. The controller or any authority of the legal metrology department is authorised to issue the license. Getting an LMPC Certificate means ensuring trustworthy and accurate handling of goods and measurements and fair trade practices.

Read Our Article: Legal Metrology Packaged Commodities Rules

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