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anil doshi   24 May 2021

Repacking

hi,

We want to market flour under our brandname. We intend to buy from open market flour in wholesale market from company who have foregone their rights on actionable claim voluntary. if I repack the same flour in 1 kg/2kg/5kg packing with my brand name, can I do it? 



 6 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     25 May 2021

Who has foregone their rights and against whom they have foregone?

 

What actionable claim was there?

Sankaranarayanan (Advocate)     25 May 2021

Need more clarify on your query

G.L.N. Prasad (Retired employee.)     25 May 2021

I have seen several such packs that stated the name of manufacture and name of packer separately on the package at conspicuous place.  EX:  Manufactured by X company, packed by Y company.

T. Kalaiselvan, Advocate (Advocate)     25 May 2021

The link between food packaging and consumer protection is of high significance. A package is a vehicle of safety and achieves the objective of delivering safe, wholesome, nutritious food to the consumer. To safeguard the interests of the consumer and the society at large, Packaging Laws and Regulations have been introduced by the Government.

The Packaging Laws and Regulations for food products are mainly covered under: • The Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (SWMA). • The Prevention of Food Adulteration Act, 1954 and the Prevention of Food Adulteration Rules, 1955 and its first ammendment, 2003 (PFA). • The Fruit Products Order, 1955 (FPO) • The Meat Food Products Order, 1973 (MFPO) • The Edible Oil Packaging Order, 1998 • The Agmark Rules

Food businesses must include a business name and address on the packaging or food label. This must be either: the name of the business whose name the food is marketed under; or. the address of the business that has imported the food

Products must be labeled per the Act with the following: Declaration of identity. Declaration of responsibility (name and address of manufacturer, packer, or distributor) Declaration of net quantity, servings, or uses.

 

P. Venu (Advocate)     25 May 2021

The best option is to seek guidance from District Industries Centre.

anil doshi   25 May 2021

Dear Sir, 

Government has clarified in said press release dated 20th September 2017 that this 5% G5T will not apply if the person concerned (Manufacturer, Miller, or Packer) voluntarily foregoes any actionable claim or enforceable right on such brand name, subject to the conditions that he:

a) files an affidavit to the effect that he is voluntarily foregoing his actionable claim or enforceable right on such brand name with the jurisdictional Commissioner of Central Tax or State Tax, or the jurisdictional officer of Union Territory Tax, as the case may be, and

b) prints in indelible ink, both in English and local language on each such unit container, that in respect of brand name printed on the unit containers he has voluntarily foregone his actionable claim or enforceable right.


Can we buy product of such company in wholesale say 50kg bag and repack in small packs of 1kg/2kg/5kg and sell it in our brand name. 


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