it about labelling and marking guide

1. Labelling and Marking
Prepared by
Dhanraj EP

2. How a label should be
• "label" means any written, marked, stamped, printed or graphic
matter affixed to or appearing upon any commodity or package
containing any commodity which gives specific and authoritative
information about the commodity/goods or contents therein so as
to enable its identification or recognition and could distinguish it
from other products.

3. What is pre-packed commodity
• “pre-packed commodity ”, means a commodity, which without the purchaser being present, is
placed in a package of whatever nature, whether sealed or opened, so that the commodity
contained therein has a pre-determined value and includes those commodities which could be
taken out of the package for testing or examining or inspecting the commodity;]
• Explanation [I].—Where, by reason merely of the opening of a package, no alteration is caused
to the value, quantity, nature or characteristic of the commodity contained therein, such
commodity shall be deemed, for the purposes of these rules, to be a pre-packed commodity,
for example, an electric bulb or fluorescent tube is a pre-packed commodity, even though the
package containing it is required to be opened for testing the commodity.
• [Explanation II.—Where a commodity consists of a number of components and these
components are packed in one, two or more units for sale as a single commodity, such
commodity shall be deemed, for the purpose of these rules, to be a pre-packed commodity;

4. What is retail package
• “retail package ”means a packages which are intended for retail
sale to the ultimate consumer for the purpose of consumption
of the commodity contained therein and includes the imported
packages:
Provided that for the purposes of this clause, the
expression “ultimate consumer ”shall not include industrial or
institutional consumers

5. What is wholesale package
• “wholesale package ”means a package containing—
(i) a number of retail packages, where such first mentioned package is
intended for sale, distribution or delivery to an intermediary and is not
intended for sale direct to a single consumer, [or]
(ii) a commodity sold to an intermediary in bulk to enable such intermediary
to sell, distribute or deliver such commodity to the consumer in smaller
quantities, [or]
(iii) packages containing ten or more than ten retail packages provided that
the retail packages are labelled as required under the rules;]

6. Labelling of pre-packed foods
• Every package shall carry following information:
• Name of the food
• List of Ingredients
• Nutritional Information
• Declaration regarding Veg or Non-veg
• Declaration regarding food additives
• Declaration of Brand owner and complete address (Mfg by or Pkd by or Mktd by etc.,)

7. Exemptions from certain labelling requirements
• (1) Where the surface area of the package is not more than 100 square
centimetres, the label of such package shall be exempted from the
requirements of list of ingredients, Lot Number or Batch Number or Code
Number, nutritional information, labelling of irradiated food, declaration of
food additives, License no and logo the name and complete address of the
importer and instructions for use, but these information shall be given on the
multi-unit packages.

8. Cont…
• (2) In case of liquid products marketed in bottles, if such bottle is intended
to be reused for refilling, the requirement of list of ingredients shall be
exempted, but the nutritional information shall be given on the label
• (3) In case of food with shelf-life of not more than seven days, the 'date of
manufacture' may not be required to be mentioned on the label of packaged
food articles, but the 'Expiry/use by' shall be mentioned on the label by the
manufacturer or packer

9. Cont …
• (4) In case of prepared food served for immediate consumption such as in hotels or by
food service vendors or caterers or halwais or hospitals or at religious gathering or food
served in airline/railways/passenger vehicle or any mobile unit shall accompany or
display the minimum information as specified below at the point of sale/serve of the
food
• (a) Specific declarations prescribed under sub-regulations 1.1 (1), (2), (3), 1.4 (3), (4) and 1.9 of
schedule II of FOOD SAFETY AND STANDARDS (LABELLING AND DISPLAY) regulations;
• (b) information relating to allergen; and
• (c) logo for veg or non-veg.

10. Cont…
• In case of food served through vending machine the labelling requirement as
prescribed in regulation 5(3) of FOOD SAFETY AND STANDARDS
(LABELLING AND DISPLAY) regulations shall be displayed through
appropriate presentation on the outside of vending machine or through
poster, leaflet or on the container

11. Cont…
• (5)The following labelling requirements are exempted if they are provided in a
Barcode/Global Trade Identification Number (GTIN);-
• (a) Address of the brand owner whether or not, he himself is the manufacturer, marketer,
packer or bottler, as the case may be,
• (b) the license number of the manufacturer or marketer or packer or bottler, as the case may
be, if different from the brand owner
• 6)For Assorted packs, Shelf life declared on assorted pack should be that of the
product having the earliest shelf life declared amongst the different pre-packaged
food packed inside.

12. Compliance for Imported food items
• (1)No Food Importer shall import articles of food that is not transported, or
stored in optimal storage conditions of temperature and hygiene, packaged
and labelled as per the regulations applicable to that particular article of food
• (2) Any consignment of food or multiple foods or food falling under
different categories packed in a single container or carton or pallet or skid,
shall be packed in such a manner that the Authorised Officer has easy access
to all of them for inspection and sampling

13. Cont…
• (3) If there is no proper stuffing list in respect of article of food, the Authorised Officer shall direct the
customs officer to issue an order for de-stuffing the container and facilitate the de-stuffing, in order to
facilitate inspection and sampling.
• (4) In case of imported packaged food consignments, the following special dispensation on labelling shall
be allowed for the rectifiable labelling deficiencies at the custom bound warehouse by affixing a single non
detachable sticker or by any other non detachable method next to the principle display panel namely:―
• (a) name and address of the importer;
• (b) Food Safety and Standards Authority of India’s Logo and license number,
• (c) Non-Veg or Veg Logo
• (d) Category or sub category along with generic name, nature and composition for proprietary food

14. Cont …
• (5) In respect of the rectifiable labelling deficiencies referred in point(4), the
Authorised Officer may pass an order directing the Food Importer or his
authorised agent to carry out the permissible labelling rectifications, within a
specified time in the customs area without altering or masking the original
label information in any manner.
• (6) On rectification by the Food Importer, the Authorised Officer shall carry
out a re-inspection of the articles of food and if satisfied, draw the sample,
subject to all other conditions being fulfilled by the Food Importer.

15. Cont…
• (7) In case the Food Importer fails to rectify the permissible defects referred to in
point(4), within the specified time, the Authorised Officer may pass an order
refusing clearance of such imported articles of food and issue a non conformance
report.
• (8) If the Authorised Officer is satisfied that the Food Importer has complied
with the provisions of these regulations, the Authorised Officer or his
representatives shall draw two parts of food sample from the imported articles of
food in the customs area in the presence of Food Importer or his Custom House
Agent for testing the samples.

16. Cont …
• (9) If the food analyst seeks additional information on ingredients or on any
other parameters after receipt of the food sample, the Authorised Officer
shall direct the Food Importer to provide such information duly supported
by documentary evidence.
• (10) The Authorised Officer shall reject the consignment not complying with
the provisions of Labelling and Packaging Regulations, 2011 at the visual
inspection and no sample shall be drawn from the consignment

17. Applicability of Legal metrology Packaged
commodities rules, 2011 (LMPC)
• LMPC is not applicable to
• (a) packages of commodities containing quantity of more than 25 kg or 25 litre excluding cement and
fertilizer sold in bags up to 50 kg; and
• (b) packaged commodities meant for industrial consumers or institutional consumers.
Explanation :- For the purpose of this rule,-
i) “institutional consumer” means the institutional consumer like transportation, Airways, Railways,
Hotels, Hospitals or any other service institutions who buy packaged commodities directly from the
manufacturer for use by that institution.
ii) “industrial Consumer” means the industrial consumer who buy packaged commodities directly from
the manufacturer for use by that industry.

18. Declarations on package as per LMPC Rules
2011
• (1) Every package shall bear thereon or on the label securely affixed thereto, a definite, plain and conspicuous
declaration
• (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 address of the importer shall be mentioned.
• Explanation I.- 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 presumed that such name and address shall be that of the manufacturer and
the liability shall be determined accordingly;
• Explanation II. - If the brand name and address of 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 the label, prosecution shall
be launched against the manufacturer indicated on the label in the first place and not against all of them.

19. Cont…
• Explanation III. - In respect of packages containing food articles, the provisions of this sub-rule shall
not apply, and instead, the requirement of the Prevention of Food Adulteration Act, 1954 (37 of 1954)
and the rules made there under shall apply
• (b) The common or generic names of the commodity contained in the package and in
case of packages with more than one product, the name and number or quantity of
each product shall be mentioned on the package.
• (c) The net quantity, in terms of the standard unit of weight or measure, of the
commodity contained in the package or where the commodity is packed or sold by
number, the number of the commodity contained in the package shall be mentioned.

20. Cont…
• (d) The month and year in which the commodity is manufactured or pre-
packed or imported shall be mentioned in the package
• Provided that for packages containing food articles, the provisions of the Prevention of
Food Adulteration Act 1954 (37 of 1954) and the rules made there under shall apply
• In case of packages containing seeds which are labelled and certified under the
provisions of the Seeds Act, 1966 (54 of 1966) and the rules made there under
• Provided also that for packages containing cosmetics products, the provisions of the
Drugs and Cosmetics Rules, 1945

21. Cont…
• (e) the retail sale price of the package;
• Provided that for packages containing alcoholic beverages or spirituous liquor, the State
Excise Laws 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 provisions of these rules shall apply.
(f) Where the sizes of the commodity contained in the package are relevant,
the dimensions of the commodity contained in the package and if the
dimensions of the different pieces are different, the dimensions of each such
different piece shall be mentioned.