Under the umbrella of The Department of Consumer Affairs , Food & Public Distribution, the Directorate of Legal Metrology is constituted as a separate wing in India. The rules, compliances, standards are enforced under the Legal Metrology Act & Rules through the central head Quarter in New Delhi, from where this is delegated to the respective states for ensuring effective and ongoing compliance of the Acts & Rules.
Legal Metrology is an ACT to establish and enforce standards of weights and measures, regulate trade and commerce in weight, measures and other goods which are sold or distributed by weights, measure or number and for matters connected therewith or incidental thereto.
Under the Legal Metrology Act, Legal Metrology is defined as that part of metrology which treats units of weighment and measurement, methods of weightment and measurement and weighing and measuring instruments , in relation to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of the weightments and measurements.
AT NKG we assist Importers – Manufacturers- Brand Owners with an exhaustive knowledge required to procure various approvals, license, permissions and ensure ongoing compliances under the Legal Metrology Act 2009 so that the responsible persons of the products can place their products in the Indian market without any hassle.
According to the Ministry of Consumer Affairs, Compliance to Legal Metrology ACT 2009 by stakeholders ensures precision & accuracy in measurement which plays very vital role in day to day life. A transparent and efficient legal metrology system inspires confidence in trade, industry and consumer and brings harmonious environment for conducting business.
In order to ensure uniform enforcement of laws related to matters in Legal Metrology throughout the country, the government of India has enacted various Rules within the Legal Metrology Act.
The rule that applies to you in this case is
PACKAGED COMMODITY RULES, 2011
Under the Legal Metrology Packaged Commodities Rules, pre-packaged commodity’ is defined as, ‘a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity’.
Anyone who manufactures a packaged commodity or causes to be put, any mark on any packaged commodity, not manufactured by him, and where the mark claims the commodity in the package to be a commodity manufactured by such person or firm.
Any person or firm which carries on the business of bringing into India from a place outside India.
Any person or a firm, which pre-packs any commodity whether in any bottle, tin, wrapper or otherwise in units suitable for sale,whether retail or wholesale is a Packer.
The rule that applies to you in this case is
MODEL APPROVAL RULES, 2011
Under The Legal Metrology (Approval of Models) Rules Manufacurers/Importers of Weighing and Measuring equipment, which are prescribed under the Legal Metrology Act, 2009 and rules made there under, are required to take approval of the Government of India before manufacturing/import in India
Anyone who manufactures or assembles a weight or measure or causes to be put, any mark on a weight or measure, not manufactured by him , and where the mark claims that the weight or measure manufactured by such person or firm.
Any person or firm which carries on the business of bringing into India from a place outside India.
Anyone involved in the buying, selling, supplying or distributing of weights and measures directly or indirectly including a manufacturer, importer who is involved in the buying, selling, supplying or distributing of weights and measures to anyone other than a dealer.
AT NKG we assist Importers – Manufacturers- Brand Owners with an exhaustive knowledge required to procure various approvals, license, permissions and ensure ongoing compliances under the Legal Metrology Act 2009 so that the responsible persons of the products can place their products in the Indian market without any hassle.
PACKAGED COMMODITIES RULES PROCESS
Through years of experience, NKG experts have ironed out an efficient, step by step process starting from the basics of understanding a client’s requirements through to providing an exhaustive overview of the regulatory obligations concerning the products. Once a regulatory pathway is identified, NKG experts handhold the client through each step of the process concluding to receipt of licenses and approvals.
The Importer / Manufacturer/Packer of any pre packed commodity will share details of such products with NKG.
If the product comes under the scope of Legal Metrology (Packaged Commodity Rules) 2011, NKG team will share necessary checklist of documents with the client.
The Importer / Manufacturer/Packer of any pre packed commodity will share details of such products with NKG.
After receiving the application, the Central Legal Metrology Department will assign an officer to the case.
The officer will securitize all submitted documents. If the processing officer is not satisfied and needs further clarification, then he/she may ask further questions.
If the processing officer is satisfied with the answers, ,then he/she may grant the Certificate of Registration under A under the Legal Metrology (Packaged Commodities) Rules 2011
AT NKG we assist Importers – Manufacturers- Brand Owners with an exhaustive knowledge required to procure various approvals, license, permissions and ensure ongoing compliances under the Legal Metrology Act 2009 so that the responsible persons of the products can place their products in the Indian market without any hassle.
MODEL APPROVAL PROCESS
Through years of experience, NKG experts have ironed out an efficient, step by step process starting from the basics of understanding a client’s requirements through to providing an exhaustive overview of the regulatory obligations concerning the products. Once a regulatory pathway is identified, NKG experts handhold the client through each step of the process concluding to receipt of licenses and approvals.
The Importer / Manufacturer of any model of weighing and measurement instrument or device to share the technical specification/user manual of such product with NKG.
If the product comes under the scope of Legal Metrology (Model Approval) 2011, NKG team will share the necessary checklist of documents with the client.
After receiving executed documents from the client, NKG will apply online and offline to Central Legal Metrology Department
The NKG team will submit Samples of models to designated laboratories for testing of Models
If the designated laboratory issues a satisfactory test report after sample testing, then NKG team will submit the test report to Central Legal Metrology Department.
After receiving the test report , the Central Legal Metrology Department will assign an officer to the case
The officer will securitize all submitted documents. If the processing officer is not satisfied and needs further clarification, then he/she may ask further questions.
If the processing officer is satisfied with the answers, ,then he/she may grant the Certificate of Model Approval under Model Approval Rules 2011
AT NKG we assist Importers – Manufacturers- Brand Owners with an exhaustive knowledge required to procure various approvals, license, permissions and ensure ongoing compliances under the Legal Metrology Act 2009 so that the responsible persons of the products can place their products in the Indian market without any hassle.
PCR RULES DOCUMENTS CHECKLIST
Application for Packaged commodities for Registration as Importer, Manufacturer or Packer must be made to the central director of legal metrology which should be complete in below respect :
An application for the approval of model shall be made to the Director and shall contain: –
AT NKG we assist Importers – Manufacturers- Brand Owners with an exhaustive knowledge required to procure various approvals, license, permissions and ensure ongoing compliances under the Legal Metrology Act 2009 so that the responsible persons of the products can place their products in the Indian market without any hassle.
NKG experts will work closely with the clients and hand hold their team in the entire process. Our team is a seasoned team of thorough and transparent professionals. Our experts have spent years working on such cases and understand the finer print of Legal Metrology.
MODEL APPROVAL DOCUMENTS CHECKLIST
Application of the approval of models shall be made to the central director of legal metrology which should be complete in the below respect:
An application for the approval of model shall be made to the Director and shall contain: –
Every application shall be accompanied by not less than two copies of: –
AT NKG we assist Importers – Manufacturers- Brand Owners with an exhaustive knowledge required to procure various approvals, license, permissions and ensure ongoing compliances under the Legal Metrology Act 2009 so that the responsible persons of the products can place their products in the Indian market without any hassle.
NKG experts will work closely with the clients and hand hold their team in the entire process. Our team is a seasoned team of thorough and transparent professionals. Our experts have spent years working on such cases and understand the finer print of Legal Metrology.
Through years of experience, NKG experts have ironed out an efficient, step by step process starting from the basics of understanding a client’s requirements through to providing an exhaustive overview of the regulatory obligations concerning the products. Once a regulatory pathway is identified, NKG experts handhold the client through each step of the process concluding to receipt of licenses and approvals.
It ensures uniform enforcement of Standards and connected matters in Ws & Ms throughout the country. The Government has enacted:
Yes, the Department issues licence to the manufacturer, dealer and repairer of Weights & Measures and for dealing in weighing & measuring instruments, the licence is a must.
Every Weight & Measure used by the dealer is stamped by the W&M Department after due verification, with a special seal indicating the identification of Inspector and quarter in which it is verified. The validity of such stamped weights is two years whereas in the case of Counter/Beam/Electronic Balances/Platform scale it is one year. Dispensing unit, weigh bridge verification certificate is issued to the user which is required to be displayed at conspicuous place by the trader/user.
Controller, Legal Metrology is the competent authority to grant the licence. The applicant can submit his application for grant of licence to Inspectorate Office of the concerned district.
Any person or a firm, which pre-packs any commodity whether in any bottle, tin, wrapper or otherwise in units suitable for sale, is a Packer. Packers need to register themselves with this Department.
Pre-packed Commodity means a Commodity, which without the purchaser being present, is placed in a package of whatever nature whether sealed or opened, so that the commodity contained therein has a pre-determined value and includes those commodities which could be taken out of the package for testing or examining or inspecting the commodity.
Verification and stamping of the capacity of the Vehicle Tank or its compartment or any equipment is called Calibration.
|
Name of the Weights |
Validity Period Cast |
|
Iron Weights |
Two Years |
|
Bullion Weights |
Two Years |
|
Counter Machine |
Two Year |
|
Beam Scale |
Two Year |
|
Electronic Scale |
One Year |
|
Platform Machine |
One year |
|
Steel Meter |
One year |
|
Volume measures |
Two year |
|
Peg measures |
One year |
For the facility to the public, the Government has created four Quarters
For example:- Any Weight or Measure got verified in January it can be re-verified up to next due (A) Quarter i.e. within January to March without any penalty.
The Controller, Legal Metrology is the competent Authority to grant Licence for Manufacturer/ Dealer/ Repairer in W & M. Registration as Packer/Manufacturer/Importer of packaged commodities is also done by the controller.
Every person who either purchase or sells any Commodity in Pre-packed shape should ensure that it bears the following declarations:-
The followings are the compulsory declaration required on a packet which have been imported and available for sale:
The following are the items on which the PCR, 2011 are not applicable:-
No, Weights or Measure shall be sold or offered, exposed or possessed for sale or used or kept for use in any transaction or for industrial production or protection unless it has been verified & stamped by inspector of Legal Metrology Department.
No, a licence issued or renewal under this Act is not saleable or otherwise transferable.
It is necessary to display every certificate of verification granted under the Act at a conspicuous place in premises where such weights or measure is being, or is intended or likely to be, used in any transaction or for industrial production or for protection.
Whoever, being required to present any weight or measure for verification or re-verification, omits or fails without any reasonable cause to do so, shall be punished with fine which shall not be less than Rs. 2000 but may be upto Rs. 10000 and such weight or measure can be seized on inspection.
Yes, the form and guidelines are set out in the Act.
As per the Legal Metrology (Packaged Commodities) Rules, 2011 a shortage of upto 150 gm is allowed in the domestic LPG cylinders with net contents of 14.2 kg.
For pre-packed commodities, consumers should always take the package marked with net quantity not the gross quantity.
Using these words to lure the consumers is an offence.
If package is so designed so as to be deliberately given to the consumer an exaggerated or misleading impression as to the quantity contained therein, consumer can co-relate the size of the package with the quantity of the goods.
Rule-16: In the case of a package containing sheet like aluminum foil, facial tissues, waxed paper, toilet paper, or any other type of sheet, the declaration of quantity on the package shall also include a statement as to the number of usable sheets contained in the package and the dimensions of each such sheet.
For the information of consumer, Rule 8 Rule 9 of PCR clearly specifies that all the declaration should be legible and prominent for the information of consumer and colour red should be contrast to the background.
Definition of MRP clearly indicates that the MRP should be inclusive of all taxes which is written as (MRP Rs. _ _. _ _ (incl. all taxes) Max. Retail Price (inclusive of all taxes). This includes commission of wholesaler, transportation charge, toll etc.
It is mandatory under law that all imported packages shall bear on it -Mandatory declarations along with the Name & Address of the importer.
Every package shall bear the name, address, telephone number, e-mail address, if available of the person who can e or the office which can be contacted, in case of consumer complaints.
It is not permitted to affix stickers on the package for mandatory declarations. It is an offence and can be penalized.
Every verified weight & measure carries the stamp of month & year along with the identification code of the officer. Moreover, for every Weight & Measure certificate is also issued by the verifying officers.
If you are seller, importer, packer or manufacturer and deal in any packaged commodities or packed food products etc, then you need to comply with legal metrology packaged commodity which comes under the Legal metrology act 2009, which is regulated by the department of legal metrology. If you will not comply with this rule then you will be punished with a fine of RS 25000 per director of the company and it may be extended up to Rs.1,00,000 or punish with imprisonment which may be extended to one year or both.
In that case, there are two cases like:
Case 1: Nomination
If your company is in partnership / partnership firm has multiple partners / directors then you can nominate any one of the partners/directors for taking complete responsibility regarding the registration and other mandatory procedure for legal metrology, then fine and penalty will pay by the person who was nominated by the firm.
Case 2: Without Nomination
If a firm has not nominated any person or partner or director of the company then the fine will be applied to all directors , partners with Rs.25000 each and it may be extended up to one lack rupees or punished with imprisonment or both.
Packaged Commodities Rule comes under the scope of Legal Metrology Act 2009, which states that no one can sell, import, manufacture any packaged or pre-packaged commodity without mentioning the mandatory deceleration of the product so, they shall make an application with prescribed format and govt. the fee to the director of the controller of LM for registration.
Anything ( like baby food, curd, cosmetic products, electronic devices etc.) which is packed in a package or in any shape or size of the container, but the weight of the packet is not more than 50kg and not less than 10g/10ml that all types of packed goods are called a packaged commodity.
No, NO one can change the MRP mentioned on the product either the importer, dealer, retailer, seller, etc. and the corrector standard format of the MRP is given below:
Yes, according to the PCR rule every packaged has a various category of weight, the standard net quantity is mentioned below with product list:
|
# |
Commodities |
Quantities in which to be packed |
|
1. |
Baby food |
25g, 50g, 100g, 200g, 300g, 350g, 400g, 450g,500g, 600g, 700 g, 800 g, 900g, 1 kg, 2kg, 5 kg and 10 kg. |
|
2. |
Weaning food. |
below 50g no restriction, 50g,100g, 200g, 300g, 400g, 500g, 600g, 700g, 800g, 900g, 1 kg, 2 kg, 5 kg and 10 kg. 75g, 125g, 150g, 250g |
|
3. |
Biscuits |
25g, 50g, 60g, 75g, 100g, 120g, 150g, 200g, 250g, 300g 350g, 400g and thereafter in multiples of 100g up to 1 kg and thereafter in multiples of 500g upto 5 kg, |
|
4. |
Bread including brown bread but excluding bun. |
50g and thereafter in of multiples 50g up to 500g and above 500g in multiples of 100g. |
|
5. |
Un-canned packages of butter and margarine |
below 25 g no restriction, 25g, 50 g, 100 g, 200 g, 500 g, 1 kg, 2 kg, 5 kg, and thereafter in multiples of 5 kg. |
|
6. |
Cereals and Pulses |
below 100g no restriction, 100g, 200g, 500g, 1 kg, 2 kg, 5 kg and thereafter multiples of 5 kg |
|
7. |
Coffee |
below 25g no restriction, 25g, 50g, 75g, 100g, 150g, 200g, 250g, 500g, 750g ,1kg 1.5kg, and thereafter in multiples of 1kg. |
|
8. |
Tea |
below 25g no restriction, 25g, 50g, 75g, 100g, 125g, 150g, 200g, 250g, 500g, 750g, 1kg, 1.5 kg, 2kg and thereafter in multiples of 1kg. |
|
9. |
Materials which may be constituted or reconstituted as beverages. |
below 50 g no restriction, 50g, 75g, 100 g, 125g ,200 g, 250g, 400g, 450g, 500 g, 750g, 1 kg and thereafter in multiples of 1 kg. (56g and 61 g for medical purpose only) |
|
10 |
Edible Oils Vanaspati, ghee, butter oil |
50 g, 100 g, 200 g, 250g, 500 g, 1 kg, 2 kg, 3 kg, 5 kg and thereafter in multiples of 5 kg below 50g no restriction, 175g, 300g, 750g If the net quantity is declared by volume then 50ml, 100ml, 200ml, 250ml, 500ml, 1 liter, 2liter, 3 liter and 5 liter and thereafter in multiples of 5 liters and the net quantity must be declared by mass also in the same size of letters/numerals. below 50ml no restriction, 175ml, 300 ml, 750ml |
|
11. |
Milk Powder. |
Below 50g no restriction, 50 g, 100g, 150g, 200g, 250g, 500 g, 1 kg, and thereafter in multiples of 500 g. |
|
12. |
Non-soapy detergents (powder) |
Below 50g no restriction, 50 g, 75g, 100g, 150g, 200g, 250g, 400g, 500 g, 700g, 750g, 1 kg 1.5kg, 2kg and thereafter in multiples of 1kg. |
|
13. |
Rice(powdered), flour, atta, Rawa and suji. |
100g, 200g, 500g, 1kg,1.25kg, 1.5kg, 1.75kg, 2kg, 5 kg and thereafter in multiples of 5 kg. |
|
14. |
Salt |
Below 50g in multiples of 10g, 50g, 100g, 200g, 500g, 750g, 1 kg, 2 kg, 5 kg, and thereafter in multiples of 5 kg. |
|
15. |
Soaps |
|
|
|
(a) Laundry Soap |
25g, 50g, 75g, 100g, 125g, 150g, and thereafter in multiples of 50g. |
|
|
(b) Non-soapy detergent cakes/ bars. |
below 50g no restriction, 50g, 75g, 100g, 125g, 150g, 200g, 250g, 300g and thereafter in multiples of 100g |
|
|
(c) Toilet Soap including all kinds of bath soap (cakes). |
15g, 25g, 50g, 60g, 75g, 100g, 125g, 150g and thereafter in multiples of 50g. |
|
16. |
Aerated soft drinks, non- alcoholic beverages. |
65 ml (fruit based drinks only), 100 ml, 125ml(fruit based drinks only), 150 ml, 160ml, 175ml, 180ml, 200 ml, 240ml, 250 ml, 300 ml, 330ml , 350ml, 400ml, 475ml, 500 ml, 600ml, 750 ml, 1 liter, 1.2 liter, 1.25 liter, 1.5 liter, 1.75 liter, 2 liter, 2.25 liter, 2.5 liter, 3 liter, 4 liter and 5 liter. |
|
17. |
Mineral water and drinking water |
100 ml, 150 ml, 200 ml, 250 ml, 300 ml, 500 ml, 750 ml, 1 liter, 1.5 liters, 2 liters, 3 liters, 4 liter and 5 liters and in multiples of 5liter. |
|
18. |
Cement in bags. |
1 kg, 2 kg, 5 kg, 10 kg, 20 kg, 25 kg, 40 kg (for White cement only) and 50 kg. |
|
19. |
Paint varnish etc. |
|
|
|
(a) Paint (other than paste paint or solid paint) varnish, varnish stains, enamels. |
50 ml, 100 ml, 200 ml, 500 ml, 1 liter, 2 liter, 3 liter, 4 liter, 5 liters and thereafter in multiples of 5 liters. |
|
|
(b) Paste paint and solid paint |
500g, 1 kg, 1.5 kg, 2 kg, 3 kg, 5 kg, 7kg and thereafter multiple of 5 kg. |
|
|
(c) Base paint: |
100ml, 250ml, 400ml, 450 ml, 500 ml, 900 ml, 925 ml, 950 ml, 975 ml, 1 liter, 1.5-liter, 2-liter, 2.5-liter, 3.5 liter, 3.6-liter, 3.7-liter, 3.8-liter, 3.9 liter and 4 liter and no restriction above 4 liters.’ |
Net weight of the content packed in the packet like you are import 250ml of a shampoo bottle, it means the net quantity of chemical shampoo should be 250ml which does not include the weight of bottle if we calculate the gross weight of that shampoo then the weight called as gross weight, so the net quantity should be as per the standards if net quantity is not as per the the standard then you will be punished or fine with Rs.10000 which may be extended.
The name and address should be mentioned on each and every packaged according to the law, but if the there is no qualifying word then, it shall be presumed that such name and address shall be that of the manufacturer and the liability shall be determined accordingly.
Note:
If the brand name and address of the brand the owner appears on the label as a marketer, then the brand owner shall be held responsible for any violation of these rules and action as may be required shall be initiated against the deemed manufacturer and in the event of more then one name and address appearing in the label, the prosecution shall be launched against the manufacturer indicated on the label in the first place and not against all of them.
Yes, it should be mentioned on the product, meanwhile, there are different ways for different types of products:
|
If packages containing cosmetics products |
The month and the year should be expressed either in words or by numerals indicating the month and the year, or by both. Note: the provisions of the Drugs and Cosmetics Rules, 1945 shall apply |
|
Product which may become unfit for human consumption after a period of time |
The “best before” or “use by the date “, month and year shall also be mentioned on the label. |
|
Example:
|
|
The standard format is described by the department for every type of packet or container
|
Serial Number |
Net quantity in weight / volume |
Minimum height in mm |
|
|
|
|
Normal case |
When blown, formed, molded, embossed or perforated on the container |
|
1 |
Up to 200g/ ml |
1 |
2 |
|
2 |
Above 200g/ ml and up to 500g/ml |
2 |
4 |
|
3 |
Above 500g/ ml |
4 |
6 |
|
Serial Number |
Net quantity in length, area or number, area of the principal display panel |
Minimum height in mm |
|
|
|
|
Normal case |
When blown, formed, molded, embossed or perforated on Container |
|
1 |
Up to 100 cm2 |
1 |
2 |
|
2 |
Above 100 cm2 and up to 500 cm2 |
2 |
4 |
|
3 |
Above 500 cm2 and up to 2500 cm2 |
4 |
6 |
|
4 |
Above 2500 cm2 |
6 |
6 |
And further details of labeling as per the container shape and size is mentioned below:
If any commodity manufactured outside India and packed in India, the name and complete address of the packer or the importer in India shall also contain on the principal the display panel(label) of the product.
Note:
Complete the address means the postal address at which the factory is situated i.e consumer can easily identify and locate the manufacturer or packer or importer:
(1) No wholesale dealer or retail dealer or an importer shall sell, distribute, deliver, any commodity in the packaged form unless the package complies with in all respects.
(2) No retail dealer or other people including manufacturer, packer, importer and wholesale dealer shall make any sale of any commodity in the packed form at a price exceeding the MRP and shall not alter the price on the wrapper once printed and used for packing.
The maximum permissible error specified as percentage shall be rounded off to the nearest one-tenth of a g or ml, for a declared quantity less than or equal to 1000 g or ml and to the next whole g or ml for declared quantities above 1000 g or ml.
Maximum permissible errors on net quantities declared by weight or by volume
|
# |
Declared quantity g or ml |
Maximum permissible error in excess or in deficiency |
|
|
As the percentage of the declared quantity |
g or ml |
||
|
(i) |
up to 50 |
9 |
– |
|
(ii) |
50 to 100 |
– |
4.5 |
|
(iii) |
100 to 200 |
4.5 |
– |
|
(iv) |
200 to 300 |
– |
9 |
|
(v) |
300 to 500 |
3 |
– |
|
(vi) |
500 to 1000 |
– |
15 |
|
(vii) |
1000 to 10000 |
1.5 |
– |
|
(viii) |
10000 to 15000 |
– |
150 |
|
(ix) |
More than 15000 |
1.0 |
– |
The maximum permissible errors on net quantities declared by length, area or number
|
#. |
Quantity Declared |
Maximum permissible error in excess or in deficiency |
|
(i) |
in units of length |
2% of declared quantity up to 10 meter and thereafter 1% of declared quantity. |
|
(ii) |
in units of area |
4% of declared quantity up to 10 sq. meter and thereafter 1% of the declared quantity. |
|
(iii) |
by number |
2% of the declared quantity. |
An export package shall not be sold in India but if the manufacturer or packer has repacked or relabeled the product then, the package complies within all respects of the PCR rule ( i.e mandatory decelerations, net quantity, maximum permissible error, etc.).
Note: where any export package is sold in India without such re-packing or relabeling, such package shall be liable to be seized in accordance with the provisions of the Act.
You can apply online offline with the help of a prescribed application form and some mandatory documents like:
Yes, you can share all the details of all the warehouses in India.
You can import the same composition of products, but for the new variant, new model etc you need a fresh license.
According to the law any packaged commodity full fill all the aspects of the law, that means Every the 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, to the Director or the Controller for the registration of his or its name and complete address.
While the product list is mentioned below:
1st offense Fine up to Rs.25000
2nd offense Fine up to Rs.50000 and for the subsequent offense, with fine, not less than fifty thousand rupees but which may extend to one lakh rupees or Punished with imprisonment for a term which may extend to one a year or with both
NO, for packages having capacity 5 cubic cm or less, the declaration of quantity shall be made on a tag, card, tape, and it cannot be removed without opening the container.
Pay online Rs. 500 through Bharat Kosh.
|
# |
Offense |
Compounding Amount |
|
|
If the application for compounding is by a retailer or wholesale dealer |
If the application for compounding is by manufacturer or importer |
||
|
1 |
2 |
3 |
4 |
|
1 |
Contravention of section 29 |
Rupees two thousand |
Rupees ten thousand |
|
2 |
Contravention of sub- section (1) section 36 |
Rupees five thousand |
Rupees twenty-five thousand |
|
3 |
Contravention of sub- section (2) section 36 |
Rupees ten thousand |
Rupees fifty thousand |
|
4 |
Selling of products more than the Maximum Retail Price |
Rupees two thousand |
Rupees five thousand |
Means a person or a firm who buying, selling, supplying or distributing any packaged commodity from one place to another that is known as the dealer.
Note: but does not include a manufacturer who manufactures any commodity which is sold or distributed in a packaged form except where such commodity is sold by such manufacturer to any other people other than a dealer
It means a person or a firm who manufacturer, provides, packing, or make an end product that person or firm is known as Manufacturer.
It means an error in deficiency which, subject to the provision of these rules, does not exceed the limits specified in the rule.
It means a person or a firm, who pre-packs any commodity, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale whether wholesale or retail.
It means the total surface area of the package where the information is mentioned or imposed, all the information could be grouped together and given at one place, for additional information, you can use a sticker.
It means a dealer who directly sells any packages to the customer or consumer directly, without alter anything on the product.
Means the packages which are intended for retail sale to the ultimate consumer for the purpose of consumption of the commodity contained therein and includes the imported packages.
Note: ‘Ultimate Consumer’ shall not include industrial or institutional consumers.
A person or a firm who does not directly sell any packaged commodity to any consumer but distributes or sells such commodity through one or more intermediaries.
The maximum penalty for contravention of any of the provisions of the act and the Packaging Commodity Rules, is Rs. 25,000/- for the nominated person and the firm/ company as the case may be for the first offence.
Rs.50,000/- for the nominated person and firm / company as the case may be for the second offence.
And minimum Rs. 50,000/- to Rs. 1,00,000/- for the nominated person and firm / company as the case may be and prosecution for the third offence.
No, as per the rule 7 “principle display panel ”, every package use 40% of the total surface area for display/mentioned the mandatory declarations and u can use stickers for additional information.
“industrial consumer” means the consumer who buys packaged commodities directly from the manufacturer or from an importer or from wholesale dealer for use that industry and the package shall have declaration ‘not for retail sale’
“institutional consumer” means the institution who hires or avails of the facilities or services in connection with transport, hotel, hospital or other organization which buy packaged commodities directly from the manufacturer or from an importer or from wholesale dealer for use by that institution, and the package shall have declaration ‘not for retail sale’
“manufacturer” in relation to any commodity in packaged form, means a person who, or a firm which, produces, makes or manufactures such commodity and includes a person, firm which puts, or causes to be put, any mark on any packaged commodity, not produced, made or manufactured by him or it, and the mark claims the commodity in the package to be commodity produced, made or manufactured by such person or firm as the case may be.
In relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package, excluding the packaging or wrapper
“packer” means a person who, or a firm which pre-packs any commodity, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale whether wholesale or retail.
“quantity” in relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package.
“retail dealer” in relation to any commodity in packaged form means a dealer who directly sells such packages to the consumer and includes, in relation to packages as are sold directly to the consumer, a wholesale dealer who makes such direct sale to customer.
In relation to a commodity, means the sale, distribution or delivery of such commodity through retail sales shops agencies or other instrumentalities for consumption by an individual or a group of individuals or any other consumer;
“retail sale price” means the maximum price at which the commodity in packaged form may be sold to the consumer and the price shall be printed on the package in the manner given below:
Maximum or Max. retail price Rs inclusive of all taxes
or in the form
MRP Rs…….. ……incl., of all taxes
after taking into account the fraction of less than fifty paisa to be rounded off to the preceding rupee and fraction of above 50 paise and up to 95 paise to the rounded off to fifty paise.
“Section” means a section of the Act
Schedule” means a Schedule appended to these rules
“wholesale package” means a package containing-
AT NKG we assist Importers – Manufacturers- Brand Owners with an exhaustive knowledge required to procure various approvals, license, permissions and ensure ongoing compliances under the Legal Metrology Act 2009 so that the responsible persons of the products can place their products in the Indian market without any hassle.
NKG experts will work closely with the clients and hand hold their team in the entire process. Our team is a seasoned team of thorough and transparent professionals. Our experts have spent years working on such cases and understand the finer print of Legal Metrology.
NKG keeps in Close communications with various Trade Commissions, Business Chambers, embassies of many countries on various existing & new Rules & Regulations of government of India
NKG has a Dedicated and Efficient team of experienced regulatory professionals who have Registered more than 2000 brands until now who can help you Plan your regulatory needs and smoothen the process for Regulatory approvals. Strategically located in New Delhi, the “regulatory “ capital of India, NKG makes a head start by following its unique time tested “Step-by- Step “ process that puts a lot of method in between the madness.
Through years of experience, NKG experts have ironed out an efficient, step by step process starting from the basics of understanding a client’s requirements through to providing an exhaustive overview of the regulatory obligations concerning the products. Once a regulatory pathway is identified, NKG experts handhold the client through each step of the process concluding to receipt of licenses and approvals.
