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Packing Commodities Rules

 

1. Each and every package Displayed for retail sale should have the following five declaration
(Inspectors cannot seize any tins from the godown)

  1. Name and address of manufacturer / packer
    (A packer can write name of manufacturer by his consent)

  2. Name of commodity or content.

  3. Date of packing, month and year.

  4. Net Quantity.

  5. Maximum retail price - MRP (abbreviations allowed)
    Inclusive of all taxes - Inc. of all taxes (abbriviations allowed)

Comments:

  • Net quantity and MRP should be on the main panel. i.e should be visiable simultaneously.
    Other information may be anywhere on the package.
     

  • Address should be sufficient so that a letter addressed to it is delivered.
     

  • Size of letters and numerals should be as follows:

    upto 50 ml 1 mm or when embossed 2 mm
    50 to 200 ml packing 2 mm or when embossed 4 mm
    200ml to 1 ltr. packing 4 mm or when embossed 6 mm
    above 1 ltr. packing 6 mm or when embossed 8 mm
    Abbreviations which can be used to denote quantity:
    l for liter
    kg for kilogram
    g for gramme

The alphabets have to be small as indicated. Capital letters are not to be used.
Plural from such as ls, kgs, gs. not to be used.

  • As per Section 39(1) of Standard Weight & Measures Act and Rule 4 of Packaged Commoditty Rule MRP can be put by labels. There should not be any correction on the labels. Stickers put on labels to change the price are not acceptable. It if becomes necessary to change the price the label can be changed. If MRP has been embossed on the tins, it can be smudged and new price fixed below or above the smudged portion. In no case new price should be put on old price. On metal containers, the capacity upto 2 liters MRP can be put on the bottom also. There is no rule prescribing what the MRP should be. It can be 25% , 50%, 100% or anything above the price at which material is sold to a dealer.
     

  • Packing below 5kgs. even meant "For Industrial Use" should have MRP on them if sold in retail shops.
     

  • For paint filling the standard packing are when fillied by volume 50 ml, 100ml, 200ml, 500ml, 1ltr. , 2 ltrs., 3 ltrs., 4 ltrs, 5 ltrs. and in multiples of 5 ltrs. when filled by weight, 500 g., 1kg., 1.5 kg., 2 kgs., 3 kgs., 5 kgs., 7kgs., and multiple of 5kgs. If the material is filled in non-standard packing along with container MRP should also be given per 1 gm. / 1 ml. or per 1lt. / 1 kg basis,as applicable.
     

  • Wholesale packing, i.e. cartons should have the following details:
    Name of the commodity
    Quantity
    Name of manufacturer
    It is not necessary to write secondary packing on it.

2. Offence and Penalties:
For breach of the rules a maximum panalty of Rs. 5,000/- can be imposed on all the persons involved. On a partnership having 2 partners. it can be Rs. 5,000/- on each partner. As a routine, inspectors are laying maximum penalty. If a manufacturer does not pay the compounding panalty. the Department can file a case within 6 months of notice already issued. The penalty imposed by Courts is not more than Rs. 100/- to Rs. 200/-. In many cases, it my be re-economical to hire an advocate and accept the offence on the Court.

In one case of a Company 16 Directors and Secretary were issued notices for panalties amounting to Rs. 85,000/- . The Court held the view that only the Director looking after day to day work can be issued a notice.

If anyone is penalised for an offence, he should apply to the Government of India for a time of 3 months or 6 months to make corrections on packaged lying with him or the trader. This can save him form prosecution for same offence by inspectors in different parts of the country.

(The above is based on discussions with a Consultant, Mr. N.M. Kanchugar, Retd. Controller, Weights and Mesures)

 
 

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