Important
points.
01.
Provided
that if a commodity specified in the Third Schedule is packed in a size other
than that prescribed in that Schedule, a declaration that 'Not a standard pack size under the Standards of Weights and
Measures (Packaged Commodities) Rules, 1977' or 'non standard size under the
Standards of Weights and Measures (Packaged Commodities) Rules, 1977' shall be
made prominently on the label of such package.'.
02.
Declarations to be made on every package
(a) the name and address of the manufacturer, or where the
manufacturer is not the packer, the name and address of the manufacturer and
packer and for any imported package the name and address of the importer
(b)
the common or generic names of the
commodity contained in the package *and in case of packages with more than one
product, the name and number or quantity of each product shall be specified on
the package. *[ amended vide GSR 425(E)dt 17.7.06]
(c)
the net quantity, in terms of the
standard unit of weight or measure, of the commodity contained in the package
or where the commodity is packed or sold by number, the number of the commodity
contained in the package;
(d)
(d) the month and year in which the commodity
is manufactured or pre-packed * or imported;
(e)
03.
Provided further that where any
commodity manufactured outside India
is packed in India , the
package shall also contain on the principal display panel the name and complete
address of the packer or the importer in India
04.
An export package shall not be sold in India
unless the manufacturer or packer has re-packed or relabeled the commodity in
accordance with the provisions contained in Chapter II, and where any export
package is sold in India
05.
CHAPTER VI
REGISTRATION OF MANUFACTURERS AND
PACKERS
**'35. Registration of manufacturers,
packers and importers.
(1) Every individual, firm, Hindu
undivided family, society, company or corporation who or which pre-packs or
imports any commodity for sale, distribution or delivery shall make an
application, accompanied by a fee of rupees *five hundred, [* substituted vide
GSR No 16(E) Dated 12.1.05] to the Director for the registration of his or its
name and complete address; and every such application shall be made
(i) in the case of an applicant
pre-packing or importing any commodity at the commencement of these rules,
within ninety days from such commencement; or
(ii) in the case of any applicant who
or which commence pre-packing or importing of any commodity after the
commencement of these rules, within ninety days from the date on which he or it
commences such pre-packing.
(2) Every application referred in
sub-rule (1) shall contain the following particulars, namely:-
(a) the name of the applicant;
(b) the complete address of the
premises at which the pre-packing or import of one or more commodities is made
by the applicant; and
(c) the name of the commodity or
commodities pre-packed or imported by the applicant.
06. Our company is engaged in
the import and sale of goods. The imported goods are required to carry MRP and
other details on the attached label. Due to constant fluctuations in the demand
of the product, we desire to change the price of the products. Is relabeling
(change in MRP) of such products allowed? Kindly clarify.
The
relevant legislation dealing with labeling of products and requirements for
declaring MRP is the Legal Metrology Act, 2009 (‘LMA’) and the Rules made
thereunder. Typically, the LMA (and the Rules made thereunder) do not allow
relabeling of products for subsequent change in MRP. However, relabeling for
reduction in MRP is permitted.
07. Who is the competent
Authority for grant of Licence to Packer/Manufacturer/ Dealer/Repairer in
Weights & Measures?
The Controller, Weights & Measures is the competent Authority to
grant Licence for Manufacturer/ Dealer/ Repairer in Weights & Measures.
Registration as Packer/Manufacturer/Importer of packaged commodities is also
done by the controller.
08.
What
are the requirements while purchasing the IMPORTED Items?
The followings are the compulsory declaration required on a packet which
have been imported and available for sale:
a. Name and complete address of the
Manufacturer, Packer and / or importer of the packaged commodities.
b. Net contents in terms of weight,
volume or number.
c. Date of manufacture/packing/import
of the commodity (month and year).
d. Maximum Retail Price (inclusive of
all taxes).
e. Generic name of the commodity.
f. Customer
Care Number with name, address, Telephone No. of the person/office which can be
contacted in case of consumer complaints.
g. Size, if applicable
09.
Who is the competent authority to
register any person who intends to import or export any Weights & Measures?
Registration of importer is done by the
Director Legal Metrology, Govt. of India.
10. What is the procedure to lodge complaint
against the officials of the Weights & Measures Department and against the
business establishments for violation of the provisions of Weights &
Measures laws ?
Complaints against the officials of the
Weights & Measures Department and against the business establishments can
be lodged at the office of the Controller (W&M) by letter, telephone (Ph.
23379266), Fax (23379267) or through e-mail at cwmd@nic.in.
11.
Requirement
of registration for warehouses issuing negotiable warehouse receipts.
3. (1) No person
shall commence or carry on the warehousing business unless he has obtained a
registration certificate in respect of the concerned warehouse or warehouses
granted by the Authority under this Act:
12.
e)
The retail sale price of a packaged should be declared as “Max. Retail price”
or “MRP Rs….. incl. of all taxes.” There should be no deviation. The retail
sale price once declared should not be altered by affixing a sticker or an
additional label. In the event of any increase in the Government levies, the
retail price could be revised to the extent of increase in the levies and the
retail dealers could be asked to set all the revised price by giving them the
necessary price list. It is not necessary to alter the price on the package.
However, in the event of any increase in the Central Levy, the revision in the
retail sale price should be notified in minimum two newspapers and the Director
of Legal Metrology, Government of India and the Controllers of Legal Metrology
of all the States and Union Territories should be intimated of the increase in
retail sale price. In case of increase in State Levy, it is not necessary to
notify in the press but the Director of Legal Metrology, Government of India
and the Controllers of Legal Metrology of the States and Union Territories
should be intimated. The Director of Legal metrology, Government of India, in
his letter No.WN-9-(7)/93 dated 14.9.1993, addressed to the President, Marking
Systems Association of India, New Delhi, has clarified that there is no bar on
the manufacturer to blank out the earlier declaration and re-print the revised
declaration before packaging. The revised price should not be printed over and
above the blanked out price.
13. Imported
Packages The
importer of the packages is deemed to be the manufacturer and he is responsible
to make all the mandatory declarations on the packages before such packages are
stored in the depot or warehouses.
14.
All packaged products which are
subject to the provisions of the Standards and Measures (Packages Commodities)
Rules (1977), as replaced by the Legal Metrology (Packaged Commodities) Rules
2011, must be labelled with the Maximum Retail Price (MRP), already before
being imported to India. This requirement considerably increases the importers’
burdens, as calculations are normally based on several factors including
freight, insurance and internal taxes.
However,
through a Customs Circular dated 15th April 2011, India decided to allow
labelling of certain imported goods, which are "small sized and sensitive
to heat and dust" in bonded warehouses subject to certain procedural
conditions.
As
per the procedures laid down in the Customs Circular, the importer will need to
check whether a marking/labelling facility is available in the warehouse. The
importer may require to file a warehousing Bill of Entry. The assessing group
will give suitable directions to dock staff to allow bonding of the goods without
labelling and with endorsement on the warehousing Bill of Entry that
verification of compliance of DGFT Notification No.44 (RE-2000)/1997-2002 is to
be done prior to de-bonding by the bond superintendent. The goods will be
labelled in the bonded premises and compliance with DGFT Notification No.44
(RE-2000)/1997-2002 will be ensured at the time of ex-bonding of the goods, by
the bond officer, by examining the goods again and endorsing the examination
report on the ex-bond Bill of Entry. It is provided that 100% examination at
the time of ex-bond clearance of goods should be done to ensure compliance with
DGFT Notification No. 44 (RE-2000)/1997-2002. It is also clarified that this
facility is applicable only to goods that cannot be easily labelled in ports/Container
Freight Stations, having regard to their size and other factors such as
sensitivity to temperature and dust
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