Section 3 in The Packaged Commodities (Regulation) Order, 1975
3. Particulars to be indicated on every package.
(1)On and from the appointed day, on person shall pre-pack for retail sale, or cause to prepacked for retail sale, any commodity unless each retail package in which such commodity is pre-packed bears thereon or on a label securely affixed thereto, a declaration as to-(i)the identity of the commodity in the package:Provided that where the commodity is easily and correctly identifiable through a transparent container, no declaration as to the identity of such commodity shall be necessary;(ii)the quantity, in terms of standard units of weight or measure of the commodity in the package or, where the commodity is packaged or sold by number, the accurate number of the commodity contained in the package.Explanation. - In the case o£ a solid commodity contained in a free flowing liquid, the quantity to be stated on the package or on the label thereon, shall be drained weight of such solid commodity;(iii)the month and the year in which the commodity is [manufactured or pre-packed] [Inserted by Notification No. SO 520 (E), dated 2.8.1976.]:Provided that no declaration as to the month and the year in which the commodity is [manufactured on pre-packed] [Substituted by Notification No. SO 520 (E), dated 2.8.1976.] shall be required to be made on-(a)a bottle containing liquid milk or aerated water;(b)[ any package containing bread and any uncanned package of vegetables, fruits, ice-cream, butter, cheese, fish, meat or the like.] [Substituted by Notification No. SO 520 (E), dated 2.8.1976.](c)any package containing steel products;(d)any cylinder containing liquid petroleum gas or any other gas:Provided further that where any packaging material, bearing thereon the month in which any commodity was expected to have been pre-packed, is not exhausted during the month, such packaging material may be used for pre-packing the concerned commodity produced or manufactured during the next succeeding month but not thereafter, and, where any such packaging material is exhausted before the expiry of the month, packaging material intended to be used during the next succeeding month may be used for pre-packaging the concerned commodity.Explanation. - The month and year in which a commodity packed may be expressed in words, or numerals, indicating the month and the year; and(iv)the price of the package:Provided that no declaration as to the price shall be required to be made on-(a)[ any uncanned package of vegetables, fruits, ice-cream, butter, cheese, fish, meat or the like;] [Substituted by Notification No. SO. 520 (E), dated 2.8.1976.](b)any bottle containing liquid milk, aerated water, alcoholic beverages, spirituous liquor or the like;Explanation. - "Liquid milk" does not include condensed milk;(c)any package containing a commodity for which any controlled price has been fixed by or under any law for the time being in force.(2)Where a package in which a commodity has been pre-packed is opened and the commodity contained therein is sold to one or more persons, the price to be charged from the purchaser shall bear the same proportion to price of the package as the quantity sold to the purchaser bears to the total quantity contained in the package.(3)Notwithstanding anything contained in sub-paragraph (1), the manufacture or, where the manufacturer is not the packer, the packer, may pre-pack or cause to be pre-packed, any commodity without indicating on the package the price of the package if such package is intended to be delivered to a wholesaler, and in the case of such a package, the wholesaler shall, before any such package is issued for retail sale, securely affix on each such package or the label thereon the retail sale price of this package and such price shall be affixed in accordance with the price communicated to him by the manufacturer, or where the manufacturer is not to the packer, the packer.[(3-A) It shall be the duty of the manufacturer, or, where the manufacturer is not the packer, of the packer, to ensure that the provisions of sub-paragraph (3) are complied with by the wholesaler.] [Added by Notification No. SO. 520 (E), dated 2.8.1976.](4)Where indication on a package of its net contents and the price is either impossible or impracticable by reason of the size or nature of such package, a label, stamp, sign or tag indicating the net contents and the price shall be attached to each such package.(5)The declaration, on a package, as to the quantity contained in the package shall be exclusive of wrappers and the material other than the commodity contained in the package:Provided that where a package contains a large number of small items of confectionery, each of which is separately wrapped and it is not reasonably practicable to exclude from the net weight, the weight of the wrappers of all the confectionery contained in the package, the net weight declared on the package or on the label thereon may include the weight of such wrappers.(6)Where a package is provided with an outside container or wrapper, such wrapper or container shall also contain all the information which are required to bear on the package except where such container or wrapper itself is transparent and information on the package itself are easily readable through such outside wrapper or container.(7)The statement on a package or label as to the net weight measure or number of the contents thereof shall not include an expression which tends to qualify such weight measure or number:Provided that when the commodity contained in the package is such that it is likely to lose or gain weight [or measure] [Added Notification No. S.O. 520 (E), dated 2.8.1976.] by reason of the climatic conditions, the net weight or measure indicated on the package or label may be qualified by the words "when packed".(8)Where any package containing commodity (pre-packed on or after the appointed day) or the label thereon bears a representation thereon as to the number or servings of the commodity contained therein such, package or label shall also bear thereon a statement as to the net quantity, in terms of weight, measure or number, for each such serving.
