An export packagt shall not be sold in India unless the manufacturer or packer has re—packed or relabeled the commodity in accordance with the provisions contained in Chapter II, and where any export package is sold in India without such re-packing or re-labeling, such package shall be liable to be seized in accordance with the provisions of the Act.
CHAPTER V EXEMPTIONS
26. Exemption in respect of certain packages—Nothing contained in the» rules shall apply to any package containing a commodity if—
(a) the net weight or measure of the commodity is ten gram or ten millilitre or less, if sold by weight or measure:
1[Provided that the provisions of this clause shall be applicable for tobacco and tobacco products]
(b) any package containing fast food items packed by restaurant or hottl and the like;
2[(c) it contains scheduled formulations and non-scheduled formulation] covered under the Drugs (Price Control) Order, 2013 made undc section 3 of the Essential Commodities Act, 1955 (10 of 1955):
Provided that no exemption shall be applicable to medical devicu declared as drugs] 3[=(-)H-] 4[(e) any thread which‘is sold in coil to handloom weavers]
CHAPTER VI REGISTRATION OF MANUFACTURERS, PACKERS AND IMPORTERS .
27. Registration of manufacturers, packers and importers—(1) Even, individual, firm, Hindu undivided family, society, company or corporation w}!
1. lns. by G.S.R. 385(E), dated 14th May, 2015 (w.e.f. 1-1-2016). Earlier proviso was omitted G.S.R. 784(E), dated 24th October, 2011, read with corrigendum G,S.R. 832(E), dated November, 2011 (w.e.f. 1—7-2012). The proviso, before omission by G.S.R. 784(E), dated October, 2011, stood as under:
”Provided that the declaration in respect of maximum retail price and net quantity be declared on packages containing 1.0 g to 20 g or 10 ml to 20 ml;”.
2. Subs. by G.S.R. 629(E), dated 23rd June 2017, for clause (c) (w.e.f. 1-1-2018). Clause (c), be substitution, stood as under:
"(c) it contains “scheduled formulations and non-scheduled formulations covered under Drugs (Price Control) Order, 1995 made under section 3 of the Essential Commodl Act, 1955 (10 of 1955);".
3. Clause (d) omitted by G.S.R. 629(E), dated 23rd June, 2017 (w.e.f. 1-1—2018). Clause (d) be omission, stood as under:
”(d) agricultural form produces in packages of above 50 kg.”.
41 Ins. by G.S.R. 870(E), dated 4th December, 2014 (w.e.f. 4-12—2014).
Rule 29] The Legal Metrology (Packaged Commodities) Rules, 2011 535 or which pre-packs or imports any commodity for sale, distribution or delive 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- 5 rule (1), a fee of rupees one hundred shall be paid by the concerned manufacturer 3 or packer or importer to the Director or Controller.
(4) On receipt of the application made under sub-rule (1), the Director or i. 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 lanul for the manufacturer or packer to state such shorter address on the label of each commodity pro-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.
536 The Legal Metrology (Packaged Commodities) Rules, 2011 [Rule 29
(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-h ..
The Director/Controller shall compile a State-wise list of the manufacturers anfi:
packers registered by him under rule 29 and shall circulate such list to thO‘F Controller of the concerned State to enable the Controller to take, or cause to boil?“ taken, samples at the premises of the manufacturer or, where the manufacturofl‘ is not the packer, of the packer.
CHAPTER VII GENERAL
31. (1) Any advertisement mentioning the retail sale price of the prenpackagod commodity shall contain a declaration as to the net quantity or number of thfiv commodity contained in thepackage.‘
(2) The font size of the net quantity in the advertisement shall be same 1.“.
that of retail sale price.
H32. Fine for contravention of rules.—Whoever contravenes any provisi of these rules, for which no punishment is provided, shall be punished with ft of five“ thousand rupees. __.