Exemptions from mandatory declarations on MRP Label under Legal Metrology
The Legal Metrology Act, 2009 provides standards & regulations for weights & measurements including incidental aspects and the Legal Metrology (Packaged Commodities) Rules, 2011 (‘LMPC Rules’) enlist various mandatory declarations to be made on pre-packaged commodities.
Off late there is a sharp surge in issuance of notices on violations of LMPC Rules. Vide this Outlook, we intend to apprise you about various exemptions available to businesses under the LMPC Rules.
Notably, exemptions under the LMPC Rules can be divided under various categories with alternate declarations mandated / recommended in certain cases. The same is tabulated below for ease of reference:
|
Exemption |
Alternate declarations |
|
Basis form |
|
|
Goods imported in unpacked form |
NA |
|
Goods sold in unpacked form |
NA |
|
Loose goods / Retail packages in box / container / bags etc. used for transportation and safety purposes |
Transportation Box / For storage only (Recommended) |
|
Pre-packaged goods meant for export |
For export only (Recommended) |
|
Basis type of ultimate consumer |
|
|
Industrial Consumer* |
Not for retail sale (Mandatory) |
|
*Person who buys products directly from manufacturer / importer / wholesale dealer for use by that industry |
|
|
Institutional Consumer* |
Not for retail sale (Mandatory) |
|
*Person who buys products directly from manufacturer / importer / wholesale dealer for use by that institution & not for commercial / trade purposes |
|
|
Basis type and quantity of commodities inside packages |
|
|
Commodities of quantity > 25 kg / 25 L |
NA |
|
Cement, fertilizer and agricultural farm produce of quantity > 50 kg |
NA |
|
Commodities of quantity ≤ 10 g / 10 mL (except tobacco and tobacco products) |
NA |
|
Basis type of commodity |
|
|
Fast food items packed by restaurant or hotel and like |
NA |
|
Scheduled and non-scheduled formulations covered under Section 3 of the Essential Commodities Act, 1955 (except medical devices declared as drugs) |
NA |
|
Thread sold in coil to handloom weavers |
NA |
|
Garments in loose form |
– Name and address of manufacturer / importer / brand owner / marketer
– Consumer care number and e-mail id
– Size with international indicators such as M, XL etc. along with metric units such as m, cm etc.
– MRP in Indian currency |
|
Basis type of declarations |
|
|
Month and Year of manufacture for food articles |
As per Food Labelling Laws |
|
Month and Year of manufacture for seeds |
As per Seeds Laws |
|
Month and Year of manufacture for cosmetics products |
As per Drugs & Cosmetics Laws |
|
Month and Year of manufacture / pre-packing in case of bidi / incense sticks / domestic LPG cylinder of 14.2 kg or 5 kg, bottled and marketed by PSUs |
NA |
|
Retail Sale Price and Unit Sale Price for alcoholic beverages or spirituous liquor |
As per State Excise Laws (if applicable) |
|
Vegetarian / Non-vegetarian symbol in case of soap, shampoos, toothpastes and other cosmetics and toiletries |
Ad-interim stay by Bombay High Court – Indian Beauty and Hygiene Association v. UOI, W.P. (L) No. 2370 of 2014, Case also pending in Delhi High Court – Ram Gaua Raksha Dal v. Union of India, W.P.(C) 12055/2021 |
NITYA Comments: Considering heightened action at department’s end in recent times, businesses should comply with express declaration requirements if their products fall under the purview of the LMPC Rules. Notably, exemption from declarations under the LMPC Rules do not absolve liability of business entity to make declarations as per other specific labelling regulations such as Food Laws, Drugs & Cosmetics Laws, Waste Management Regulations etc. Thus, businesses should be wary of such nuances while making declarations on the packages.
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