Legal Question in Business Law in India

Problems Regarding Rules for Packaging

Respected Sir,

Thanks a lot for your previous reply. actully i purchese food grade chemicals in bulk packaging & than i need to pack them in small packs. So in that case do i need to have any kind of specific Licence. If i m not having any Licence of that kind, what kind of prevention should i take to avoid falling into legal problems.


Asked on 6/21/04, 2:36 am

3 Answers from Attorneys

Kasim Master Master&Master

Re: Problems Regarding Rules for Packaging

You will need a license under the Provisions of the Prevention of Food Adulteration Act from the local licensing Authority which would be the Municipal Corporation. The Foods and Drugs Administration is also involved with the manufacture and marketing of food grade chemicals and other food items which come within the purview of the PFA Act. You will also while repackaging the contents into smaller Packs have to comply with the provisions of the Weithts and Measures [Packaged Commodities]Rules with regard to labelling of the Product and indicated its price [inclusive of all taxes] on the label.

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Answered on 6/21/04, 7:35 am
AVIK SAHA SAHA & RAY

Re: Problems Regarding Rules for Packaging

Yes, you are required to obtain a license from the local authorities for carrying on your trade. It is very clear from your query that you specialise in repackaging of food grade chemicals. Since it is a food substance, you are governed by the provisions of the Prevention of Food Adulteration Act. You should obtain a valid and effective license for the sale of the product from the authorised and licensed manufacturer, distributor or dealer. This is so because you are only engaged in the business of repackaging of already processed and manufactured food material. You should try to obtain a proper license from the original manufacturer or dealer as this reduces your liability to a certain extent. It is important that the name and address of the manufacturer and packer should be clearly printed on a label which should be affixed to 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. For detailed knowledge on the rules regarding packaging of goods reference can be made to Prevention of Food Adulteration Act, 1954 and also The Standards of Weights and Measures (Packaged Commodities) Rules, 1977.

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Answered on 6/22/04, 4:06 am
G B SABARI DAS R.SUBRAHMANYAM & ASSOCIATES

Re: Problems Regarding Rules for Packaging

You should have a licence for the activity which you are indulged in as referred. If no licence is obtained you will be liable for prosecution. Hence it is advisable to apply for licence.

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Answered on 6/22/04, 6:24 am


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