Before elaborating over the various provisions under which the packaging laws are governed in India, it is important to understand the following:
What is packaging?
In a layman's term, packaging means a wrapper, cover or any type of covering material used to safeguard the product from being exposed to dust or sunlight. The package of a product is the first form of advertising the product. More information on the product equals to more customers to be attracted to the product, more knowledge about the manufacturing of the product, the know-how involved in making it like the ingredients or matter spare parts, its date of expiry, how to use a product etc.
What is a pre-packaged commodity?
The Section 2(l) of The Legal Metrology Act, 2009 defines a "pre-packaged commodity" as follows:
"Pre-packaged commodity" means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quality.
Once a customer or for that matter a manufacturer / marketer / importer / dealer understand what exactly is a pre-packaged commodity, the next big challenge faced is to know and understand "What are the various laws that regulate the packaging of the product"?
Well, the various laws under the ambit of which the packaging of a product is regulated are as follows:
1. The Legal Metrology Act, 2009 and Packaged Commodities Rules, 2011
2. Bureau of Indian Standards
3. Food Safety and Standard Authority of India Act, 2006 and Rules, 2011
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.