Legal Question in Business Law in India

Re: Regarding Rules for Packaging

A packer is defined under Rule 2(k) of the Standards of Weights and MEasueres (Packaged Commodities) Rules, 1977 as a person who pre-packs any commodity, whether in a bottle, tin, wrapper or otherwise in units suitable for sale (wholesale or retail).

I presume that you are buying the commodities in bulk and then re-packing them in unit containers for further sale.

The foremost step you should follow is to get yourself registered as a packer/re-packer under Rule 35 of the above Rules with the concerned authorities in your jurisdiction.

For the rules on packing the aforesaid Packaged Commodities Rules, 1977 are most relevant. Chapter II of the rules (from Rule 3 to Rule 28) are applicable to retail sales and prescribe the conditions with regard to pre-pcaking, sale of packaged commodities, principal display panel, appearance and manner of declaration on the packages, name and address of the manufacturer, quantity etc. Similarly Chapter III of the Rules (Rule 29) deals with declarations on the wholesale packages. Further Rules 30 to 33 deal with declarations on packaged commidities intended for export/import.

Since you have mentioned that you are dealing in edible chemicals also it is pertinent for you to follow the conditions prescribed under the Indian Prevention of Food Adulteration Act, 1954 and the Rules thereunder (PFA Rules).

The PFA Rules prescribe standards for various food articles including edible chemicals under Appendix B to the Rules. The Rules regulate addition and presence of preservatives, colouring matter, food additives, flavours, anti-oxidants, emulsifying agents, stabilising agents, anti foaming agents, insecticides, pesticides, anti caking agents, sequestering & buffering agents, sweetners etc.

Further the PFA Rules also prescribe packaging and labelling requirements. For example the essential labelling for packaged food requires description on the package of the name, trade name, description of food, ingredients used, declaration on usage of gelatine (animal origin), special symbols for non vegetarian food, presence of colours and flavours, ingredient classes, manufacturers details, packers details, brand name owners details, importers details, weight/number/volume, declarations relevant for proprietory foods, special declarations for infant food, irradiated foods, oils, milk products, tobacco, pepper, ice cream, notice of admixture etc.

In case of manufacture or packing of food items, PFA license is also required.

Re: Regarding Rules for Packaging

The rules regarding packaging of goods:-

The name and address of the manufacturer and packer should be clearly printed on a label which shall be affixed onto the package.

The date of manufacture, batch code and expiry date of the commodity should also be affixed on the label.

The label should also contain names of ingredients used in the product in descending order of their composition by weight or volume though there are certain exceptions to this rule.

Substances falling in the respective classes and appearing in the list of food additives permitted for use in foods generally, may use the following class titles, namely, antioxidants, anticaking agents, flour improvers, sequestering and buffering agents, bleaching agents, emulsifying and stabilizing agents, antifoaming agent, preservatives colours, flavours, vitamins, minerals and edible gums.

Whenever a substance like Gelatin is used as an ingredient in the commodity, a declaration to this effect shall be made on the label.

The date of expiry in case of packages of aspertame shall not be more than three years from the date of packing.

Where an article of food is imported into India, the package of food shall also carry the name and address of the Importer in India.

In case both colour and flavour are used in a product, a combined statement in capital letters shall be displayed just beneath the list of ingredients on the label attached to any package of food so coloured and flavoured as below :-

CONTAINS PERMITTED NATURAL /AND SYNTHETIC COLOURS AND ADDED FLAVOURS.

For a detailed know how on the rules regarding packaging of goods reference can be made to S.32 of Prevention of Food Adulteration Act, 1954 and also The Standards of Weights and Measures(Packaged Commodities)Rules, 1977.

Re: Regarding Rules for Packaging

You have to check up with the Standards of weights and measurement (package and commodities) Rules 1977 with relevance to your commodities.