(1) Every package shall bear thereon or on label securely affixed thereto, a definite, plain and conspicuousdeclaration made in accordancewith 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 addressof the importer shall be mentioned 43
Explanation 1.- 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 presumedthat such name and addressshall be that of the manufacturer and the liability shall be determined accordingly;
Explanation II. - If the brand name and addressof 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 tne label, prosecution shall be launched against the manufacturer indicatedon the label in the first placeand not against all of them.
Explanation III. - in respect of packages containing food articles. tile provisions of this sub-rule shall not apply, and instead, the requirement or t lC Preventionof FoodAdulteration Act, 1954 (37 of 1954) and tile rules made lherc~ under shall apply
(b) The common or generic names of the commodity contained in the package and in case of packageswith more than one product, the name and number Oi quantity of each product shalt be mentioned on the package,
(c) The net quantity, in terms of tile standard unit of weight or measure, of the commodity contained in the packageor 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 or pre-packed or imported shall be mentioned in the package:
44 THE GAZETTE OF INDIA: EXTRAORDINARY III,\IU II Sr,.. 3(i)1
Provided that for packages containing food articles, the provisions of the Preventionof FoodAdulteration Act 1954 (37 of 1954) and the rules made there under shall apply:
Provided further that nothing in this sub-clause shall apply in case of packaces containing seeds which are labeled and certified under the provisions of the SeedsAct, 1966 (54 of 1966) and the rules made there under:
Providedthat a manufacturer rlJay indicate the month and year using a rubber stampwithout overwriting:
Providedalso that for packagescontaining cosmetics products, the provisions of the Drugsand CosmeticsRules, 1945shall apply.
(e) the retail sale price of the package;
Provided that for packages containing alcoholic beverages or spirituous liquor, the State ExciseLaws 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 provisionsof these rules shall apply.
(f) Where the sizesof the commodity contained in the packageare relevant, the dimensionsof the commodity contained in the packageand if the dimensions of the different pieces are different, the dimensions of each such different piece shall be mentioned.
(9) such other matter as are specifted in these rules:
Providedthat -- (A) no declaration as to the month and year in which the commodity is [GTITI1-~ 3(i) ) manufacturedor pre-packed shall be required to be madeon-
(i) any packagecontaining bidi or incensesticks;
(ii) any domestic liquefied petroleum gas cylinder of 14.2kg or Skg, bottled and marketed by a public sector undertaking;
(8) 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, SLJchpackaging materi(}Jmay 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 packagingmaterial 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 packagingmaterial is exhausted before the expiry of the month indicated thereon, the packagingmaterial intended to be used ciuring the next succeeding month may be used for pre-packing the concerned commodity:
Provided that the said provision shall not apply to the packagescontaining food products, where the 'Best before or Usebefore' 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 packagecontaining bidi;
(ii) any domestic liquefied petroleum gas cylinder of which the price is covered under the Administrative PriceMechanismof the Government.
46 THE GAZEITE OF INDIA: EXTRAORDINARY [PART 11- -SEC. 3(i)]==============~==========~==~~====
Explanation I: The month and the year in which commodity is pre-packed rnav'-"''''''''-~''''-'-''-'=--'--......--~'-..-,-.- be expressedeither in words, or by numerals indicating the month and the yeal, or by both.
(2) 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 caseof consumer complaints.
(3) It shall not be permissible to affix individual stickers on the packaos for ~ altering or making declaration required under these rules:
Provided that for reducing the Maximum Retail Price (fvIRP), a stickel" with the revised lower MRP(inclusive of all taxes) may be affixed and the same shall not cover the MRPdeclaration 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 decleration other than the decleration required to be made under these rules.
(5) Where a commodity consists of a number of components and these componentsare 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 accompanyingpackagesor such declarationmay 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.