Hi,
I need a clarification on the latest notification Weights & Measures [Notification G.S.R. 793(E)] based on the following facts:
- We're a lamp manufacturer and marketer
- Several of our products (lamps and lighting fixtures) are made by other manufactuers (not in our own factory) for our Brand, fully packaged and delivered at our warehouses. From here the prodcucts are distributed through our distributors for retail sale.
- The packaging of the products made by 3rd party manufacturers for us bear the name and address of our Registered Office
- In Notification GSR 793 since "the registered office of the manufacturer is situated" is omitted from Rule 10 , Sub-Rule 1, what will be impact on our packaging?
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As per the Rule the definition of "manufacturer" is :
'manufacturer' in relation to any commodity in packaged form, means a person who, or a firm or a Hindu undivided family which, produces, makes or manufactures such commodity and includes a person, firm or Hindu undivided family who or which puts, or causes to be put, any mark on any packaged commodity, not produced, made or manufactured by him or it, and the mark claims the commodity in the package to be commodity produced, made or manufactured by such person, firm or Hindu undivided family, as the case may be; -
Rule 10 states:
(1) Subject to the provisions of rule 7, every package kept, offered or exposed for sale or sold shall bear conspicuously on it, the name and complete address of the manufacturer, or where the manufacturer is not the packer, the name and address of the manufacturer and the packer and in case of imported packages, the name and address of the importer:(1) Subject to the provisions of rule 7, every package kept, offered or exposed for sale or sold shall bear conspicuously on it, the name and complete address of the manufacturer, or where the manufacturer is not the packer, the name and address of the manufacturer and the packer and in case of imported packages, the name and address of the importer:
Explanation:- In this sub-rule, ' complete address' means, the postal address at which the registered office of the manufacturer is situated or the factory is situated, and, in any other case, the name of the street, number (if any) assigned to the premises of the manufacturer or packer, and either the name of the city and State where the business is carried on by the manufacturer or packer or the Postal Index Number [PIN] Code so that a consumer can identify and locate the manufacturer or packer, as the case may be.
What are the Options we've that will hold good:
Option A: Print the Name and address of the actual manufacturer
Option B: Continue printing "Registered Office : Company Name & Complete Address of Registered Office"
Option C: Change the line "Registered Office" to "Manufactured & Marketed by: Company Name & Complete address of Registered Office" [since we're the manufacturer of the product as per the definition in the Rule]
Option D: Change the line to "Manufactured by: Company Name & Complete Address of Registered Office"
Thanks & Regards,
Vijay