The Department of Legal Metrology is part of the Department of Consumer Affairs, and is therefore concerned with fair and honest trade practices. There are rules that deal with packaged goods and specify what declarations should be included in a packaged commodity.
Registration is required for every manufacturer, packer, and importer. The packaged commodity rules 1977 do not require re-registration for those who have already registered. Registration is required for all others. Application for registration meets legal requirements.
The registration of manufacturers, packers, and importers
(1) Each individual, firm, Hindu undivided family, society, company, or corporation that prepackages or imports any commodity for sale, distribution, or delivery must apply to the Director or the Controller for registration of his or her name and complete address, accompanied by a fee of rupees five hundred; such applications must be accompanied by the following:
(i) if an applicant prepackages or imports any commodity before the enactment of these rules, within ninety days of that date;
(ii) for applicants who commence pre-packing or importing after the commencement of these rules, within ninety days from the date they commence pre-packing.
The following information must be included in every application:
(a) the applicant’s name;
(b) the complete address of the premises where one or more commodities are prepackaged or imported by the applicant; and
(c) the name of the commodity or commodities the applicant has pre-packed or imported. ‘Complete address’ has the meaning assigned to it in the explanation to sub-rule (1) of rule 10.relating to declaration of the manufacturer’s name and address.
The manufacturer or packer or importer must pay the Director or Controller rupees 100 to make any changes to the registration certificate issued under subrule (1).
As soon as the Director or Controller receives the application, he or she shall act as the Registering Authority.
(a) if the application is incomplete in all respects, return it to the applicant within seven working days of receipt;
(b) Upon completion of the application, register the applicant and grant the applicant a registration certificate.
PC RULE 2011 IS NOT APPLICABLE
PCR, 2011 does not apply to the following items:-
- Raw materials used for industrial purposes only.
- Any part or material used in repairing bicycles, tricycles, or motorbikes in a workshop or service station.
- Restaurants/hotels pack fast food items.
- Drugs/Medicines covered by the Drug Control Order 1955. Pharmaceutical formulations covered by the Drugs (Price Control) Order, 1995 made under Section 3 of the Essential Commodities Act, 1955 (10 of 1955).
- Packages of agricultural form products weighing more than 50 kilograms.
The company nominates the authorised person
A company is required to nominate a director to be the compliance officer for compliance with the Act and Rules under Section 49(2) of the Act. The entire board of directors, company secretary, manager and all other officials present at the time of the offence will be held responsible and punished if no such director is nominated.