Legal Metrology Department registers the manufacturers, packers and importers of packaged commodities with a view to ensure that the Rule 27 of ‘The Legal Metrology (Packaged Commodities) Rules 2011’ is complied with. On completion of successful registration a registration certificate with permanent registration number is issued.
The registration is mandatory in nature and has to be applied with in ninety days from the commencement of pre – packing or importing.
The Manufacturer and packer of packaged commodities are defined in the ‘The Legal Metrology (Packaged Commodities) Rules 2011’ as,
“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 or 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, firm as the case may be;
“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;
Rule 27, rule 28, rule 29 of the ‘The Legal Metrology (Packaged Commodities) Rules 2011’ propounds on registration,
27. Registration of manufacturers, packers and importers.-
(1) Every 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; and every such application shall be made,-
(i) in the case of an applicant pre-packing or importing any commodity on the date of commencement of these rules, within a period of ninety days from such commencement; or
(ii) in the case of any applicant who or which commences pre-packing or importing of any commodity after the commencement of these rules, within ninety days from the date on which he or it commences such pre-packing.
(2) Every application referred in sub-rule (1) shall contain the following particulars, namely:-
(a) the name of the applicant;
(b) the complete address of the premises at which the pre-packing or import of one or more commodities is made by the applicant; and
(c) the name of the commodity or commodities pre-packed or imported by the applicant.
Explanation: In this sub-rule, ‘complete address’ has the meaning assigned to it in the explanation to sub-rule (1) of rule 10.’
(3) For making any alteration in the registration certificate issued under sub rule (1), a fee of rupees one hundred shall be paid by the concerned manufacturer or packer or importer to the Director or Controller.
(4) On receipt of the application made under sub-rule (1), the Director or Controller, who shall be the Registering Authority, shall-
(a) if the application is not complete in all respects, return the same to the applicant within a period of seven working days from the date of receipt of the application;
(b) if the application is complete in all respects, register the applicant and grant a registration certificate to the applicant to that effect.
28. Registration of shorter address permissible.-
(1) It shall be lawful for any manufacturer or packer to make an application to the Director or the Controller for the registration of a shorter address, in addition to the complete address referred to in sub-rule (2) of rule 27.
(2) The Director or the Controller may, if he is satisfied after inquiry that the shorter address is sufficient to enable the consumer or any other person to identify the manufacturer or the packer, register such shorter address.
(3) Where a shorter address is registered by the Director or the Controller, it shall be lawful for the manufacturer or packer to state such shorter address on the label of each commodity pre-packed by him or it.
29. Registration of manufacturers and packers, etc.-
(1) The Director or the Controller shall enter in a register, to be maintained by him for the purpose, the name and complete address of each manufacturer or packer by whom application for such registration has been made to him under rule 27.
(2)The register referred to in sub-rule (1) shall be open to the inspection of the public without payment of any fee.
30. Compilation of lists of manufacturers or packers and their circulation.
The Director/ Controller shall compile a State-wise list of the manufacturers and packers registered by him under rule 29 and shall circulate such list to the Controller of the concerned State to enable the Controller to take, or cause to be taken, samples at the premises of the manufacturer or, where the manufacturer is not the packer, of the packer.
The registrations issued are,
- Manufacturer
- Packer
- Importer
( The registration details including Registration No., name and address may be provided district wise )
Registrations issued can be viewed on LMOMS portal – license search option which is provided in the home page, by entering the required registration number from the above data.
The declarations required to be made on every package as per the ‘The Legal Metrology (Packaged Commodities) Rules 2011’ are,
- The name and complete 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.
- The name of the country of origin or manufacture or assembly in case of imported products.
- 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 mentioned on the package.
- 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.
- The month and year in which the commodity is manufactured.
- If the commodity in the package becomes unfit for human consumption after a period of time, the ‘best before or use by the date, month and year’ of the commodity.
- The retail sale price of the package with indication that it is the maximum retail price inclusive of all taxes in Indian currency.
- 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.
- The unit sale price in rupees, rounded off to the nearest two decimal places.
- The name, address, telephone number, e-mail address of the person who can be or the office which can be contacted, in case of consumer complaints.
- Every package containing the genetically modified food shall bear at the top of its principle display panel the words “GM”.
- Every package containing soaps, shampoos, tooth pastes and other cosmetics and toiletries shall bear at the top of its principal display panel 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.
The relevant rules of ‘The Legal Metrology (Packaged Commodities) Rules 2011’ governing the declarations to be made are,
6. Declarations to be made on every package. –
(1) Every package shall bear thereon or on 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 shall be mentioned.
Explanation I.- If any name and address of a company is mentioned 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, but the provisions of, and the requirements specified in the Food Safety and Standards Act, 2006 (34 of 2006) and the rules made thereunder shall apply.
Provided that in the case of an electronic product, the package of such product shall declare the name of the manufacturer or packer or importer, as the case may be, on the package itself, and such declaration shall also inform the consumers to scan the QR code for the address and other related information, if such information is declared through the QR Code and not declared on the package itself.
(a) The name of the country of origin or manufacture or assembly in case of imported products shall be mentioned on the package.
(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 mentioned on the package.
Provided that in the case of an electronic product, the package of such product shall inform the consumers to scan the QR code for the common or generic name of the commodity and where such package contains more than one product, then for the name and number or quantity of each product, if such information is declared through the QR Code and not declared on the package itself.
(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 shall be mentioned.
(d) The month and year in which the commodity is manufactured shall be mentioned in the package.
Provided that for packages containing food articles, the provisions of the Food Safety and Standards Act, 2006 (34 of 2006) and the rules made there under shall apply.
Provided further that nothing in this sub-clause shall apply in case of packages containing seeds which are labeled and certified under the provisions of the Seeds Act, 1966 (54 of 1966) and the rules made there under.
Provided also that for packages containing cosmetics products, the provisions of the Drugs and Cosmetics Rules, 1945 shall apply.
“Provided also that nothing contained in this clause shall apply to spare parts and accessories used for the purpose of servicing with a warranty and not sold to end customers:
Provided also that for electronic products, spare parts and accessories, the declaration of month and year of manufacture shall be specified anywhere on the retail package in a visible and clearly legible manner.
Explanation: For the purpose of this clause, “spare parts and accessories shall include any “part”, “component”, or “accessories that are complementary to the main or core product” of a machine, device or equipment, by whatever name called, including parts that are sold separately for use in support or replacement of a damaged or worn-out part, in order to have intended operation or functioning of the machine, device or equipment.”.
(d) If a package contains a commodity 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.
Provided that nothing in this clause shall apply if a provision in this regard is made in any other law.
Explanation.- 1. For the purposes of this sub-rule,-
(a) the expression “best before” means the date which signifies the end of the period under any stated storage conditions during which the product shall remain fully marketable and shall retain any specific qualities for which tacit or express claims have been made and beyond the date commodity may still be safe for consumption.
(b) the expression “Use by Date” means the date which signifies the end of the estimated period under any stated storage conditions after which the product shall not have the quality attributes normally expected by the consumers and after this date, the commodity should not be regarded as marketable.
(e) the retail sale price of the package.
shall clearly indicate that it is the maximum retail price inclusive of all taxes in Indian currency.
Provided that for packages containing alcoholic beverages or spirituous liquor, the State Excise Laws and the rules made there under shall be applicable within the State in which it is manufactured and where the state excise laws and rules made there under do not provide for declaration of retail sale price, the provisions of these rules shall apply.
Provided further that if the retail sale price of any essential commodity is fixed and notified by the Competent Authority under the Essential Commodities Act, 1955 the same shall apply.
(f) 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 shall be mentioned.
Provided that in the case of an electronic product, the package of such product 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.
(g) such other matter 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
(i) any package containing bidi or incense sticks;
(ii) any domestic liquefied petroleum gas cylinder of 14.2kg or 5kg, bottled and marketed by a public sector undertaking.
(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 there after, 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.
(C) no declaration as to the retail sale price shall be required to be made on
(i) any package containing bidi;
(ii) any domestic liquefied petroleum gas cylinder of which the price is covered
under the Administrative Price Mechanism of the Government.
Explanation I: The month and the year in which commodity is pre-packed may be expressed either in words, or by numerals indicating the month and the year, or by both.
Explanation II: Liquid milk does not include condensed milk.
(2) Every package shall bear the name, address, telephone number, e-mail address of the person who can be or the office which can be contacted, in case of consumer complaints.
Provided that in the case of an electronic product, the package of such product 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.
(3) It shall not be permissible to affix individual stickers 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 shall not cover the MRP declaration made by the manufacturer or the packer, as the case may be, on the label of the package.
(4) It shall be permissible to use stickers for making any declaration other than the declaration required to be made under these rules.
(4A) Nothing in this rule shall preclude a manufacturer or packer or importer to declare the following on the package, in addition to the mandatory declarations-
(a) Barcode or GTIN or QR Code;
(b) ‘e-code’ for net quantity assurance of the commodity and other required declarations, after obtaining the same in the manner as specified by the Central Government.
(c) logos of Government schemes, such as Swatch Bharat Mission, where such use is authorised by the Central Government.
(5) 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 package shall also carry information about the other accompanying packages 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.
(6) Any packaging material or wrapper which could not be exhausted by the manufacturer or packer may be used for packing of the material “upto 30thSeptember 2011” or till such date the packaging material of wrapper is exhausted, whichever is earlier, after making the corrections required under these rules by way of stamping or putting sticker or online printing, as the case may be.
(7) Every package containing the genetically modified food shall bear at the top of its principle display panel the words “GM”.
(8) Every package containing soaps, shampoos, tooth pastes and other cosmetics and toiletries shall bear at the top of its principal display panel 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.
(9) Without prejudice to the provisions contained in this rule, it shall be permissible to affix a label on imported packages for making the declarations required under these rules.
(10) An E-Commerce entity shall ensure that the mandatory declarations as specified in sub-rule (1), except the month and year in which the commodity is manufactured or packed, shall be displayed on the digital and electronic network used for e-commerce transactions.
Provided that in case of market place model of e-commerce, responsibility of the correctness of declarations shall lie with the manufacturer or seller or dealer or importer if,
(a) the function of the e-commerce entity is limited to providing access to a communication system over which information made available by the manufacturer or seller or dealer or importer is transmitted or temporarily stored or hosted; or
(b) the entity does not-
(i) initiate the transmission;
(ii) select the receiver of the transmission; and
(iii) select or modify the information contained in the transmission.
(c) the entity observes due diligence while discharging its duty as an intermediary under the Information Technology Act, 2000 and also observes such other guidelines as the Central Government may prescribe in this behalf.
Provided further that there shall not be any protection to the market place ecommerce entity if,-
(a) the entity has conspired or abetted or aided or induced, whether by threats
or promise of otherwise in the commission of the unlawful act.
(b) upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the entity is being used to commit the unlawful act, the entity fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner.
Explanation.- For the removal of doubts it is hereby clarified that the provision of this sub -rule shall not provide exemption from the declarations required to be made under these rules on pre-packaged commodities delivered to the consumers.
(11) The unit sale price in rupees, rounded off to the nearest two decimal place, shall be declared on every pre-packaged commodities in the following manner, namely:-
(i) per gram where net quantity is less than one kilogram and per kilogram where net quantity is more than one kilogram;
(ii) per centimeter where net length is less than one metre and per metre where net length is more than one metre;
(iii) per mililitre where net volume is less than one litre and per litre where net
volume is more than one litre;
(iv) per number or unit if any item is sold by number or unit.
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.
Provided further that declaration of unit sale price is not required for the pre-packaged commodities in which retail sale price is equal to the unit sale price.
Provided also that declaration of unit sale price is not required for a combination package or a group package or a multi-piece package, under these rules or under any other law for the time being in force.”.
7.Principal display panel-its area, size and letter etc.-
(1) In the case of a package having a capacity of ten cubic centimeters or less, the principal display panel may be a card or tape affixed firmly to the package and shall bear the required information.
(2) The height of any numeral and letter in the declaration required under these rules shall be as per Table-I.
| Sl. No. | Area of Principal display panel in square centimeters (A) | Minimum height of numerals and letters in millimeters | Minimum height of numerals and letters when blown, formed or molded on surface of container in millimeters |
| 1 | A < 50 | 1.0 | 2.0 |
| 2 | 50 < A < 100 | 1.5 | 3.0 |
| 3 | 100 < A < 500 | 2.5 | 4.0 |
| 4 | 500 < A < 2500 | 4.0 | 6.0 |
| 5 | 2500<A | 6.0 | 6.0 |
(3) The width of the letter or numeral shall not be less than one third of its height,except in the case of numeral “1” and letters (i), (I) and (l).
(4) The area not including the top, bottom, flange at top and bottom of cans, and shoulders and neck of bottle and jars shall be determined in the following manner, namely:-
(a) in the case of a rectangular package, where one entire side can properly be considered to be the principal display panel side, the product of the height multiplied by the width of that side;
(b) in case of a cylindrical or nearly cylindrical package, 40 per cent. of the product of the height of the package multiplied by the circumference;
(c) in case of any other shaped package, 40 per cent. of the total surface of the package, or an area considered to be a principal display panel of the package.
(5) Except size of the numbers and letters for declaring net weight, retail sale price, date of expiry or best before or use by date (wherever and as applicable) and consumer care details, the provisions under sub-rules (1) to (4) shall not apply to a package if the information to be specified on such package under this rule is also required to be given by or under any other law for the time being in force.
8. Declaration where to appear.-
(1) Every declaration required to be made under these rules shall appear on the principal display panel.
Provided that the area surrounding the quantity declaration shall be free from printed information.
(a) above and below by a space equal to at least the height of the numeral in the declaration, and
(b) to the left and right by a space at least twice the height of numeral in the declaration.
(2) For soft drink, ready to serve fruit beverages or the like, the bottle which is returnable by the consumer for being refilled, the retail sale price may be indicated either on the crown cap, or on the bottle or on both and if the retail sale price is indicated on the crown cap or the bottle, it is sufficient to indicate the retail sale price in the form of ‘MRP Rs…./ ……’.
9. Manner in which declaration shall be made.-
(1) Every declaration which is required to be made on a package under these rules shall be
(a) legible and prominent;
(b) numerals of the retail sale price and net quantity declaration shall be printed, painted or inscribed on the package in a colour that contrasts conspicuously with the background of the label;
Provided that,
(a) where any label information is blown, formed or molded on a glass or plastic surface such information need not be required to be presented in a contrasting colour;
(b) where any declaration on a package is printed either in the form of handwriting or hand-script, such declaration shall be clear, unambiguous and legible.
(2) No declaration shall be made so as to require it to be read through any liquid commodity contained in the package.
(3) Where a package is provided with an outside container or wrapper such container or wrapper shall also contain all the declarations which are required to appear on the package except where such container or wrapper itself is transparent and the declarations on the package itself are easily readable through such outside wrapper.
Provided that no such declarations on the inner package is required, if the outer package contains all declarations required under these rules.
(4) The particulars of the declarations required to be specified under this rule on a package shall either be in Hindi in Devnagri script or in English.
Provided that nothing contained in this sub-rule shall prevent the use of any other language in addition to Hindi or English language.
10. Declaration of name and address of the manufacturer, etc.-
(1) Subject to the provisions of rule 6, every package kept, offered or exposed for sale or sold shall bear conspicuously on it, the name and complete address of the manufacturer, or where the manufacturer is not the packer, the name and address of the manufacturer and the packer and in case of imported packages, the name and address of the importer:
Provided that for packages of capacity *5 cubic cm or less, 10 cubic cm or less, it shall be a sufficient compliance of this sub-rule, if a mark or inscription which would enable the consumer to identify the manufacturer or packer or the
importer, as the case may be, is made on the package.
Provided further that where any commodity manufactured outside India is packed in India, the package shall also contain on the principal display panel the name and complete address of the packer or the importer in India.
Explanation 1.- In this sub-rule, ‘complete address’ means, the postal address at which the factory is situated or company or firm is registered, and, in any other case, the name of the street, number (if any) assigned to the premises of the manufacturer or packer or importer and the name of the city and State where the business is carried on by the manufacturer or packer or importer and the Postal Index Number [PIN] Code so that a consumer can identify and locate the manufacturer or packer or importer, as the case may be.
(2) The name of the manufacturer or packer or importer shall be the actual corporate name, or if not incorporated, the name under which the business is conducted by such manufacturer or packer or importer in India.
11. General provisions relating to declaration of quantity.
(1) Indeclaring the net quantity of the commodity contained in a package, the weight of wrappers and materials other than the commodity shall be excluded.
(2) Where a commodity in a package is not likely to undergo any variation in weight or measure, on account of the environmental conditions, the quantity declared on the package shall correspond to the net quantity which will be received by the consumer, and the declaration of quantity of the commodity as declared on the package, and the declaration of quantity on such package shall not be qualified by the words ‘when packed’ or the like.
(3) Save as otherwise provided in sub-rule (4), where a commodity in package is likely to undergo variations in weight or measure on account of environmental conditions and such variation is negligible, the declaration of quantity in relation to such package shall be made after taking into account such variation so that the consumer may receive not less than the net quantity of the commodity as declared on the package, and the declaration of quantity on such package shall not also be qualified by the words ‘when packed’ or the like.
(4) The declaration of quantity in relation to commodities which are likely to undergo significant variations in weight or measures on account of environmental or other conditions may be qualified by the words “when packed”, as specified in the Third Schedule.
12. Manner in which declaration of quantity shall be.—
(1) The declaration of quantity shall be expressed in terms of such unit of weight, measure or number or a combination of weight, measure or number as would give an accurate and adequate information to the consumer with regard to the quantity of the commodity contained in the package.
(2) Except in the cases of commodities specified in the Fourth Schedule, the
declaration of quantity shall be in terms of the unit of
(a) mass, if the commodity is solid, semi-solid, viscous or a mixture of solid and liquid;
(b) length, if the commodity is sold by linear measure;
(c) area, if the commodity is sold by area measure;
(d) volume, if the commodity is liquid or is sold by cubic measure; or
(e) number, if the commodity is sold by number:
(3) Where the declaration of quantity has been made in terms of mass, the manufacturer or importer, as the case may be, the packer may, at his option make an additional declaration on the package as to the number of commodities contained in the package.
(4) Where the declaration of quantity by weight or measure or number is not sufficient to give to the consumer full information with regard to the dimensions or number of commodity contained in the package, such declaration shall be accompanied by a declaration of the dimensions or number, or both, where necessary, of the commodity contained in the package.
(5) Where it is necessary to communicate to the consumer any additional information about the commodity contained in a package, such information shall also appear on the same panel in which the other information, as required by these rules, have been indicated.
(6) The declaration of the quantity under these rules shall not contain any word
or expression, of any short whatsoever, which tends to create or is likely to create an exaggerated, misleading or inadequate expression as to the quantity of the commodity contained in the package.
(7) For packages having capacity ten cubic cm or less, the declaration of quantity shall be made on a tag, card, tape, or any other similar device affixed to the container and every such tag, card, tape or other device shall contain mark or inscription which will enable the consumer to identity the manufacturer or packer, as the case may be.
13. Statement of units of weight, measure or number.-
(1) The units of weight or measure or number shall be specified in accordance with the units specified in sub-rule (2) or sub-rule (3), as the case may be.
(2) When expressing a quantity less than,-
(a) one kilogram, the unit of weight shall be the gram;
(b) one metre, the unit of length shall be the centimetre;
(c) one square metre, the unit of area shall be the square decimetre;
(d) one cubic metre, the unit of volume shall be one cubic centimetre;
(e) one cubic decimetre, the unit of volume shall be the cubic centimetre;
(f) one litre, the unit of volume shall be the millilitre.
(3) When expressing a quantity of equal to or more than-
(a) one kilogram, the unit of weight shall be the kilogram and any fraction of a kilogram shall be expressed in terms of decimal of sub-multiples of kilogram or in terms of grams;
(b) one metre, the unit of length shall be the metre and any fraction of a metre shall be expressed in terms of decimal of sub-multiples of the metre or in terms of centimetre;
(c) square metre, the unit of the area shall be the square metre and any fraction of a square metre shall be expressed in terms of decimal of sub -multiple of the square metre.
(d) cubic metre, the unit of volume shall be the cubic metre and any fraction of a cubic metre shall be expressed in terms of decimal sub-multiple of the cubic metre;
(e) one litre, the unit of volume shall be the litre and any fraction of a litre shall be expressed in terms of decimal of sub-multiple of the litre:
Provided that where the quantity to be expressed is equal to one kilogram, one metre, one square metre, one cubic decimetre, one cubic metre or one litre, as the case may be, such quantity may be expressed at the option of the manufacturer or the packer or the importer, as the case may be, in terms of gram, centimetre, square decimetre, cubic centimetre, cubic decimetre or millilitre as the case may be.
(4) No number called the dozen, score, gross, great gross or the like shall be specified or indicated on any package.
(5) (i) No system of units other than the International System of Units shall be used in furnishing the net quantity of the packages and
(ii) for items sold by number, the number or unit or piece or pair or set or such other word which represents the quantity in the package shall be mentioned.
Explanation.- For the purposes of this sub-rule, it is clarified that for indicating the unit for litre, the letter ‘L’ may be adopted to avoid confusion with the letter ‘I’ and figure ‘1’.
(6) where there are number of packages of the same commodity in a prepackage, the number of packages and the quantity of each package shall be
indicated as a supplementary quantity declaration in the package.
Explanation.- For the purposes of this sub-rule, where the net quantity of a package is one hundred grams, the number of packages multiplied by the net quantity of each package shall be separately indicated in numbers multiplied by its individual weight (i.e 10 number x 10 gram).
14. Declarations with regard to dimensions of certain commodities.-
Where a package contains commodities like bed-sheets, hemmed fabric materials, dhoties, sarees, napkins, pillow-covers, towels, table cloths or similar other commodities, the number and the dimensions of finished size of such commodities shall also be declared on the package or on the label affixed thereto:
Provided that where the package contains more than one piece of different dimensions, the package shall also contain a declaration as to the dimensions and the retail sale price of each such piece:
Provided further that the dimensions of the commodities and the sale price thereof shall also be marked on each individual piece.
15. Declaration with regard to dimensions and weight to be made on packages in certain cases.-
Where the dimensions and weight, or combination thereof, a commodity has or have a relationship to the price of that commodity, the declaration of quantity on the package containing such commodity, shall also include a declaration as to such dimensions, weight or combination.
16. Declarations to be made with regard to the number of usable sheets to be stated.-
In the case of a package containing sheets 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.
17.Declarations with regard to the dimensions of container type commodities.
The commodities shall be expressed as bags, boxes, cups, pans or the like designed and sold in retail trade for being used as containers for other materials or objects and shall be labeled with the declaration of quantity as follows.
(i) for bag-type commodities, the number of bags which the package may contain, followed by linear dimensions of the bags, whether packaged in a perforated roll or otherwise;
(ii) for square, oblong, rectangular or similarly shaped containers, the number of containers which the package may contain, followed by length, width, and if required, depth of the container.
(iii) for circular or generally round-shaped containers, not being cups or the like the number of commodities contained therein followed by diameter and, if necessary, depth of the container.
(iv) When the use of a container is related by label references, the standard weight or measure, to the capability of the container to hold a specific quantity of commodity or a class of commodities such references shall be included in the declaration of quantity.
New Registration
The applications for registration are processed in the Legal Metrology Department online application portal ( LMOMS PORTAL ), applicants can register in this portal and create their login credentials and after login application for the desired registration can be submitted along with the mandatory supporting documents required, application fees can be paid online, the status of application can be traced at each stage and finally in case of approval, the approved digitally signed certificate can be obtained as pdf, otherwise in case of any correction or shortcomings, the application will be returned for rectification with proper remarks, which can be resubmitted after correction.
LMOMS PORTAL – lmoms.kerala.gov.in
Amendment
In case of any changes after registration, the registered details, can be amended and an amended registration certificate with the current details can be received. The amendment application is submitted through the user login of LMOMS PORTAL and has to be applied with supporting documents as same as of a new application followed by payment of the prescribed amendment fees. The status of application can be traced at each stage of processing, on approval, the approved digitally signed certificate can be downloaded as pdf and in case of correction or shortcomings, the application will be returned for rectification along with proper remarks, which can be resubmitted after modification.
Documents required for application Manufacturer, Packer and Importer
1. Any relevant license or registration, valid during the period of application regarding the functioning of the firm, which includes,
- Trade license, shop license or establishment license issued from the Local Self Government institution. For applying an importer Registration of Weight or Measures the applicant should have obtained a manufacturer license or dealer license.
- FSSAI certificate issued by Food Safety and Standards Authority of India in case of food and related products.
- Udyam registration certificate issued by Government of India Ministry of Micro, Small and Medium Enterprises.
- Registration certificate issued by Government of Kerala Department of Industries and Commerce.
- Any other equivalent certificate.
2. Building tax receipt of the current financial year.
3. Rent agreement,
- In case of rented or leased premises Rent agreement or Lease agreement of the building having validity at the time of application in proper format and written in required stamp paper ( The rent agreement may be with the applicant and the owner of the building as indicated in the tax receipt ).
- In case of applicants building, ownership certificate issued from the Local Self Government institution.
- In case of owner of building being a relative of the applicant and permits conduct of business with out any rent , a permission letter in that effect mentioning the relation.
In case of partnership firms, societies and companies in addition to the above documents the following are required,
Partnership firms
i. Registered Partnership deed in the required stamp paper, if reconstituted then the actual deed and the reconstituted deed has to be submitted.
Societies
i. Society registration certificate.
ii. Registered Bye law.
Company
i. Certificate of Incorporation.
ii. Memorandum or article of association.
The responsibilities of Manufacturer, Packer and Importer of packaged commodities are,
Manufacturers and packers
- Manufacture only those pre- packaged commodities or category for which the registration has been obtained.
- Every package shall be in such standard quantities or number as prescribed.
- Every package shall bear thereon or on a label securely affixed thereto such declarations and particulars in such manner as prescribed.
- The packaged commodity shall in every aspects conform to the declarations made.
- Ensure that the packages do not have an error in its net content.
Importers
Importers of packaged commodities receive their registration certificate from the Controller, whereas importers of weights and measures receive their certificate from the Director of Legal Metrology. After obtaining the required registration, importers must adhere to the following responsibilities:
- Import only those pre- packaged commodities or category for which the registration has been obtained.
- Every package shall be in such standard quantities or number as prescribed.
- Every imported package intended for trade and commerce shall bear thereon or on a label securely affixed thereto such declarations and particulars in such manner as prescribed.
- The imported packaged commodity shall in every aspects conform to the declarations made.
- Importer shall ensure that the packages are properly marked with the mandatory declarations required to be made under the ‘The Legal Metrology (Packaged Commodities) Rules 2011’ and for compliance he may affix a label on the imported packages for making declarations required under the said rules.
- Ensure that the packages do not have an error in its net contents.