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Union of India - Section

Section 6 in The Standards of Weights and Measures (Packaged Commodities) Rules, 1977

6. Declarations to be made on every package

.-(1) Every package shall bear thereon or on a label securely affixed thereto a definite, plain and conspicuous declaration, made in accordance with the provisions of this Chapter as, to-(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. [Substituted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007). ]Explanation I.-If any name and address of a company is declared on the label without any qualifying words "manufactured by "or "packed by ", it shall be presumed that such name and address shall be that of the manufacturer and the liability shall be determined accordingly;Explanation II.-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.Explanation III.-In respect of packages containing food articles, the provisions of this clause shall not apply and instead the requirement of the Prevention of Food Adulteration Act, 1954 (37 of 1954) and the rules made thereunder shall apply; ](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.] [Inserted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).]Explanation .-Generic name in relation to a commodity means the name of the genus of the commodity, for example, in the case of common salt, sodium chloride is the generic name;(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)the month and year in which the commodity is manufactured or pre-packed [or imported] [Inserted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007). ]:[Provided that for packages containing food articles, the provisions of the Prevention of Food Adulteration Act, 1954 (37 of 1954) and the rules made thereunder shall apply:] [Inserted by G.S.R. 666(E), dated 25-9-2002 (w.e.f. 25-3-2003).][Provided further that nothing in this clause shall apply in case of packages containing seeds which are labelled and certified under the provisions of the Seeds Act, 1966 (54 of 1966) and the rules made thereunder:] [Inserted by G.S.R. 760(E), dated 24-9-2003 (w.e.f. 1-12-2003).][Provided also that a manufacturer may indicate the month and year using a rubber stamp without overwriting:] [Inserted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007). ][Provided also that for packages containing cosmetic products, the provisions of the Drugs and Cosmetics Rules, 1945 shall apply;] [Inserted by G.S.R. 533(E), dated 16-7-2009 (w.e.f. 17-7-2009).](e)[* * *] [Clause (e) omitted by G.S.R. 521(E), dated 27-6-1995 (w.e.f. 27-6-1995).](f)the [retail sale price] [Substituted by G.S.R. 511(E), dated 25-5-1990 (w.e.f. 25-5-1990).] of the package;[Provided that for packages containing alcoholic beverages or spirituous liquor, the State Excise Laws and the rules made thereunder shall be applicable within the State in which it is manufactured and where the State excise laws and rules made thereunder do not provide for declaration of retail sale price, the provisions of these rules shall apply.] [Inserted by Notification No. G.S.R. 737 (E), dated 15.10.2008 (w.e.f. 26.6.1977)](g)where the sizes of the commodity contained in the package are relevant, the dimensions of the commodity contained in the package and if the dimensions of the different pieces are different, the dimensions of each such different piece;(h)such other matters as are specified in these rules:Provided that-(A)no declaration as to the month and year in which the commodity is manufactured or pre-packed shall be required to be made on-[* * *] [Clauses (i) to (v) omitted by G.S.R. 666(E), dated 25-9-2002 (w.e.f. 26-3-2003).](vi)[ any package containing bidis or incense sticks;] [Inserted by G.S.R. 224(E), dated 23-3-2002 (w.e.f. 23-3-2002).](vii)[ any domestic liquefied petroleum gas cylinder of 14.2 kg. or 5 kg., bottled and marketed by a public sector undertaking;] [Inserted by G.S.R. 238(E), dated 31-3-2004 (w.e.f. 31-3-2004).](B)where any packaging material bearing thereon the month in which any commodity was expected to have been pre-packed is not exhausted during that month, such packaging material may be used for pre-packing the concerned commodity produced or manufactured during the next succeeding month and not thereafter, but the Central Government may, if it is satisfied that such packaging material could not be exhausted during the period aforesaid by reason of any circumstance beyond the control of the manufacturer or packer, as the case may be, extend the time during which such packaging material may be used, and, where any such packaging material is exhausted before the expiry of the month indicated thereon, the packaging material intended to be used during the next succeeding month may be used for pre-packing the concerned commodity:[Provided that the said provision shall not apply to the packages containing food products, where the "Best before or Use before "period is ninety days or less from the date of manufacture or packing;] [Inserted by G.S.R. 666(E), dated 25-9-2002 (w.e.f. 25-3-2003).](C)no declaration as to the [retail sale price] [Substituted by G.S.R. 511(E), dated 25-5-1990, for " sale price" (w.e.f. 25-5-1990).] shall be required to be made on-[* * *] [Clauses (i) and (ii) omitted by G.S.R. 666(E), dated 25-9-2002 (w.e.f. 25-3-2003).][* * *] [Clauses (iii) omitted by G.S.R. 760(E), dated 24-9-2003 (w.e.f. 1-12-2003).][* * *] [Clauses (iv),(v) and (vi) omitted by G.S.R. 666(E), dated 25-9-2002 (w.e.f. 25-3-2003).][The commodities mentioned ] [Added by G.S.R. 314(E), dated 12-3-1994 (w.e.f. 12-3-1994). ][at (i) to (vi)] [Substituted by G.S.R. 105(E), dated 2-3-1995 (w.e.f. 2-3-1995).][where retail sale price has not been mentioned by the manufacturer or packer on the package, the retail dealer shall display prominently at a conspicuous place of the premises in which he carries on his retail sale, the retail sale price of the package for the information of consumer.] [Added by G.S.R. 314(E), dated 12-3-1994 (w.e.f. 12-3-1994). ](vii)[ any package containing bidis ] [Substituted by G.S.R. 450(E), dated 14-7-2004 (w.e.f. 14-7-2004).].(viii)[ any domestic liquefied petroleum gas cylinder of which the price is covered under the Administered Price Mechanism of the Government.] [Substituted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).]Explanation I.-The month and the year in which the commodity is pre-packed may be expressed either in words, or by numerals indicating the month and year, or by both.Explanation II.-Liquid milk does not include condensed milk.[* * *] [Explanation III omitted by G.S.R. 425(E), dated 17-7-2006 (w.e.f 13-1-2007).][(1-A) Every package shall bear the name, address, telephone number, E-mail address, if available, of the person who can be or the office which can be, contacted, in case of consumer complaints.(1-B) It shall not be permissible to affix individual stickers labels on the package for altering or making declaration required under these rules:Provided that for reducing the Maximum Retail Price (MRP), a sticker with the revised lower MRP (inclusive of all taxes) may be affixed and the same should not cover the MRP declaration made by the manufacturer or the packer, as the case may be, on the label of the package.(1-C) It shall be permissible to use stickers for making any declarations other than the declaration required to be made under these rules.] [Inserted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).]
(2)[ Where a commodity consists of a number of components and these components are packed in two or more units, for sale as a single commodity, the declaration required to be made under sub-rule (1) shall appear on the main package and such main package shall also carry information about the other accompanying packages ] [Inserted by G.S.R. 50(E), dated 17-1-1992 (w.e.f. 17-1-1992). Earlier it was omitted by G.S.R. 511(E), dated 25-5-1990 (w.e.f 25-5-1990). ][or such declaration may be given on individual packages and intimation to that effect may be given on the main package and if the components are sold as spare parts, all declarations shall be given on each package] [Added by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).].[* * *] [Sub-Rule (3) omitted by G.S.R 458(E), dated 25-5-1985 (w.e.f. 25-5-1985).]