Chips or crisps are a very popular snack food enjoyed by people of all ages in India. As a pre-packaged commodity sold in packets, chips have to comply with certain labeling laws. As per the Legal Metrology Act and Rules, pre-packaged items need to provide important information to consumers on their packaging.

This blog post discusses the key labeling requirements for chip packets as mandated under the Act and Rules. It will provide an overview of declarations such as the manufacturer’s name and address, net quantity, best-before Date, etc., that must be mentioned on chip packaging. The objectives are to ensure transparency for consumers and compliance by companies with standards set for pre-packaged commodities in India.

What are the Key Legal Metrology Laws for Packaging & Labeling in India? 

The main laws governing packaging and labeling in India are the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011. These laws aim to establish uniform standards for weights and measures used in trade and commerce. They also aim to regulate packaged commodities sold to consumers.

As per these laws, any pre-packaged commodity needs to have mandatory labeling. A pre-packaged commodity refers to goods placed in a package without a customer being present. Court judgments have held that items like refrigerators and chip packets qualify as pre-packaged goods.

Some goods like watches may only be packed for transportation, not sale. The laws define a pre-packaged commodity as one that requires packaging before sale and does not change in value after opening the package.

The labeling must include the product name, ingredients, net quantity, manufacturer’s name, address, best before/use by Date, batch/lot number, and nutrition information. This provides transparency to consumers and ensures quality standards are followed. Non-compliance with labeling rules can attract penalties under the Acts. Together, these laws safeguard consumers and support a uniform packaging and labeling ecosystem in India.

Mandatory Declarations for Chips Packets 

As per Rule 6 of the Legal Metrology (Packaged Commodities) Rules, 2011, 11 declarations must be mentioned on chip packets.

Firstly, the name of the food is important to indicate the true nature of the contents, like ‘Potato Chips.’ The ingredients list mentions all ingredients and food additives used in descending order of quantity, allowing consumers to check for allergens.

The net quantity declaration informs consumers of the total quantity of chips in the packet in Standard Units of Weights and Measures. This protects consumers from underfilled packets. Date markings, such as best before/expiry, are mandatory as per FSSAI guidelines to ensure safety and quality until the Date.

Manufacturing and packaging dates help trace products in case of defects. The name and address of the manufacturer/packer/importer is a legal requirement. ‘Lot/batch/code number’ helps identify specific manufacturing batches.

FSSAI mandates nutritional information listing energy value, protein, fat, and carbohydrates per 100g to help consumers make healthy choices. This becomes especially important for chips high in fat and sodium.

Vegetarian/Non-Veg status must be declared, given India’s religious diversity. Many prefer vegetarian options. Storage instructions are provided, considering chips have a shelf life. ‘Keep away from direct sunlight/heat’ is common.

The retail sale price in Indian rupees must be declared under the Legal Metrology Act to curb unfair trade practices. This legal framework, along with FSSAI guidelines, ensures transparency in labeling chip packets sold in India. It protects consumers and supports informed decisions.

Label Design and Formatting Requirements 

The Legal Metrology (General) Rules 2011 lays down important guidelines for label design on packaged goods sold in India. As per the rules, all particulars on labels must be clear, visible, and legible to the consumer. The font size should be at least 2 mm, and the color should provide good contrast with the background for easy reading. All labeling information must be in English or Hindi, as these are the official languages.

Labels must be designed with clear visibility and non-detachability in mind, as per packaging rules. The materials used for printing labels should also meet the standards of the Bureau of Indian Standards (BIS) to ensure they are safe for food-contact applications. Improperly printed labels can come off over time, which can cause confusion for customers.

As per FSSAI and Legal Metrology laws, labels should be designed to prominently and accurately provide all key product information. This includes names, net quantity, expiry date, ingredients list, storage instructions, and manufacturer’s details. The location and font must allow customers to understand the core attributes easily. Misleading or ambiguous labels take away customers’ rights to make informed choices and can attract penalties. Overall, labels are important to ensuring transparency and legal compliance for packaged goods.

Compliance, Inspection and Penalties 

Companies like chip manufacturers need to adhere to labeling norms under the Legal Metrology Act and Packaged Commodity Rules. Labeling norms ensure consumers’ transparency regarding product details. Legal Metrology Officers have the power to inspect premises and verify compliance.

During the inspection, officers can seize packages that do not follow labeling rules. They can also enter and search premises if they suspect non-compliance. Officers are authorized to take samples of products to test quality and quantity.

Companies need to maintain various compliance documents, such as licenses, test reports, etc., as per the Act. Non-compliance can attract heavy penalties, such as fines and imprisonment. As per Section 33, manufacturers may be penalized with fines up to Rs. 10000/-. In case of a subsequent offense, the fine may increase to Rs. 25000/-.

Directors and managers can also be fined up to Rs. 10000/—or imprisoned for up to one year or both. In severe overpacking offenses, fines may increase to Rs. 1 lakh. To avoid penalties, companies must ensure mandatory declarations are mentioned accurately on product labels as per Legal Metrology rules.

They should maintain valid state licenses and obtain periodic calibration/verification of weighing machines. Overall, adherence to compliance, timely inspection of facilities, and documentation are important to avoid legal issues for chip manufacturers under the Legal Metrology Act.

Frequently Asked Questions 

What is the difference between Best Before Date and Expiry/Use By Date?

The best-before Date indicates the Date until which the product retains its specific qualities for which no claims are made if stored under recommended conditions. It is not a safety date, and the product may still be consumed after this date, though quality may decline. The expiry/Use-by Date is the last Date of consumption, and the product should not be consumed after this Date on safety grounds.

Is it mandatory to mention the address of the manufacturer/packer on labels?

Yes, as per the Legal Metrology (Packaged Commodities) Rules, 2011, the name and address of the manufacturer/packer must be mentioned on food product labels. For imported foods, the name and address of the importer, as well as the country of origin, also need to be specified.

What are the error margins allowed for net quantity declarations?

As per the Legal Metrology Act and Rules, the error margins allowed for net quantity declarations are – up to 50 grams or 50 ml (for packs below or equal to 250 g or ml), ±5% of the declared quantity (for packs above 250 g or ml).

Is batch/lot number mandatory on labels?

Yes, mentioning the batch/lot number is mandatory, as per FSSAI Labelling Regulations, 2020, for pre-packaged foods, to help trace the product in case of a product recall or safety issues.

What are the labeling requirements for assorted/mixed food packs?

For assorted/mixed food packs containing different products, each component must be declared by name and net quantity. The common or generic name of the pack, along with the total net quantity, should also be declared. Requirements as per multi-unit packaging must be followed.

Conclusion 

Packaging and labeling are important in informing consumers about the product and maintaining transparency. As per Indian legal metrology laws, certain mandatory declarations must be mentioned on chip packets, such as product name, net quantity, manufacturer’s details, expiry/best-before Date, etc. Following these rules ensures consumer safety in terms of quality, quantity, and traceability of the product. It also protects manufacturers/packers from any legal penalties for non-compliance. We advise all chip manufacturers and packers to diligently check their product labels and packaging to ensure compliance with the labeling above labeling norms. This will help build consumer trust in brands and safeguard them from unintentional lapses. Do contact legal experts in case of any doubts regarding labeling formats, declarations, or error limits to be followed. Consumer safety and satisfaction should be the top priority

BY: Sophia Satapathy