Legal Metrology Act, 2009 (“LM ACT”)

A. Packaging and Labelling Requirements

1.1 The package or the label affixed to a product in accordance with the PC Rules including Rule 6 of the PC Rules, which shall include the name and address of the manufacturer or where the manufacturer is not the packer, the name and address of the manufacturer and packer.

1.2 In the case of packages containing food articles:

(a) In the case of genetically modified food, the package shall bear the words “GM” on top of its principal display panel (“PDP”).

(b) Where the commodity may become unfit for human consumption after some time, the ‘best before’ or ‘use by date, month, and year’ of the commodity shall be mentioned on the package thereof.

1.3 In the case of electronic products:

(a) the package shall bear the name of the manufacturer or packer or importer;

(b) the package shall inform the consumer about the details (including the address of the manufacturer, the common or generic name of the commodity, name and number of the commodity in case the package consists of more than one commodity, and other information which has not been declared on the package) made available through the QR code provided on the package;

(c) the month and year of manufacture shall be specified on the retail package visibly and legibly in the case of electronic products, spare parts, and accessories;

(d) the package shall inform the consumers to scan the QR code for the size and dimension of the commodity if such information is declared through the QR Code and not declared on the package itself; and

(e) the package shall declare the telephone number and e-mail address on the package itself, and such declaration shall also inform the consumers to scan the QR code for other related information if such information is declared through the QR Code and not declared on the package itself.

Note: If the brand name and address of the brand owner appear 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 than one name and address appearing in the label, prosecution shall be launched against the manufacturer indicated on the label, in the first place and not against all of them.

1.4 The common / generic names of the commodity and in case of the package with more than one product, the name and number or quantity of each product shall be mentioned on the package thereof.

1.5 The net quantity (weight or measure) and / or size (if relevant) of the commodity contained in the package and its maximum retail price shall be specified thereon.

1.6 The month and year of manufacture of the commodity shall be specified on its package. The packages containing seeds have been exempted from such requirements. In this regard, the packages containing food articles and cosmetics products shall be subjected to the provisions of the Food Safety Act and Drugs and Cosmetics Rules 1945 respectively.

1.7 The package shall bear the contact details for consumer complaints.

1.8 The declarations under PC Rules shall not be made on the package by affixing individual stickers on it.

1.9 The package of soap, shampoos, toothpastes, and other cosmetics and toiletries shall bear at the top of its PDP a red or as the case may be, brown dot for products of non-vegetarian origin and a green dot for products of vegetarian origin.

1.10 The unit sale price in rupees shall be declared on every pre-packaged commodity in the manner provided under Rule 6 of the PC Rules.

1.11 An e-commerce entity shall ensure to display of the mandatory declarations as required under PC Rules, except the date of manufacturing or packing, on the digital / electronic network used by such entity.

1.12 The following declarations are required to be mandatorily mentioned on a wholesale package:(a) The name and address of the manufacturer or importer or where the manufacturer or importer is not the packer, of the packer;

(b) The identity of the commodity contained in the package; and

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

1.13 The PC Rules are not applicable on the loose commodities ordered through e-commerce channels where consumers are aware of the ordered commodity, its type, and quantity. However, such commodity shall bear the following:

(a) name and address of the manufacturer or marketer or brand owner or importer or seller with the country of origin or manufacture in the case of imported products;

(b) Consumer care email id and phone number;

(c) Retail sale price of the package inclusive of all taxes in the Indian;

(d) Currency; and

(e) Net quantity, in terms of the standard unit of weight or measure, or where the commodity is sold by number, the number of the commodity.

(f) All cattle feed products shall be packaged and labelled according to the Food Safety and Standards (Packaging) Regulations, 2018. Labels must include product name, net weight, manufacturer details, ingredients, nutritional information, and expiry date and such other information as prescribed under applicable laws.

B. Other compliances under PC Rules:

Note: Nothing under PC Rules precludes a manufacturer, packer, or importer to make declarations on the package which are mandated under other laws.