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Indian Language Labelling requirements on packaged goods
Introduction
Indian packaging and labelling laws have been revamped to keep up with the constantly changing Indian market and global trade. The Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011 (the “Packaging Rules“) have replaced the Standards of Weights and Measures Act, 1985 and the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. The Packaging Rules primarily prescribe the mandatory labelling and packaging requirements for all retail and wholesale packages manufactured/imported in India for sale in Indian market.
Further, there are product-specific regulations for packaging and labelling in India. Some of these are as follows:
- The Food Safety and Standards (Packaging and Labelling) Regulations, 2011, framed under The Food Safety and Standards Act, 2006;
- The Drugs and Cosmetics Rules, 1945, framed under The Drugs and Cosmetics Act, 1940;
- The Cigarettes and Tobacco Products (Packaging and Labelling) Rules, 2014, framed under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003;
- The Seeds Rules, 1968, framed under The Seeds Act, 1966;
- The Insecticide Rules, 1971, framed under the Insecticide Act, 1968;
- The labelling and packaging requirements framed under the Bureau of Indian Standards (the “BIS“) for certain goods, such as electric and information technology goods, clothing, footwear, etc.;
- Dangerous Goods (Classification, Packaging and Labelling) Rules, 2013; etc.
The foregoing legislations apply to India’s twenty nine (29) States and seven (7) Union Territories. Most Indian States have different language and culture. Although Hindi and English are regarded as the official languages in India, each of the Indian States and Union Territories desire to promote their respective languages and culture in various ways. Therefore, some India States prefer to use regional languages on certain product labels.
This article deals with the labelling requirements in India, with specific emphasis on mandatory language/(s) used for labelling under the Packaging Rules and other product specific rules in India.
Mandatory language labelling requirements under the Packaging Rules
The Packaging Rules prescribe that every retail package (excluding packages containing quantity more than 25 kg. or 25 litre, cement and fertilizers more than 50 kg., and packaged commodities for institutional and industrial consumers), manufactured/imported for sale in Indian market, must specify the mandatory declarations either in Hindi, i.e., in Devnagri script, or in English. Further, any other Indian regional languages, in addition to Hindi or English can also be used on such packages.
Penalties
| Sanctions/Consequences | Person Liable |
| A fine up to INR 25,000 (USD 372 approx.) | Manufacturer, or packer, or importer, or seller, or distributor. |
| Second offence: A fine up to INR 50,000 (USD 743 approx.) | |
| Subsequent offence: A fine up to INR 1,00,000 (USD 1,487 approx.) or imprisonment up to one (1) year or both |
Mandatory product specific language labelling requirements in India
In addition to the Packaging Rules, there are several product-specific labelling regulations governing the use of language/(s) on packaged commodities, as follows:
Food and Beverages
The Food Safety and Standards (Packaging and Labelling) Regulations, 2011 (the “Food Packaging Regulations“) prescribe packaging and labelling rules for all kinds of food products and beverages in India.
As regards the language labelling requirements, the Food Packaging Regulations mandate that every package of food and beverage must specify the mandatory declarations either in Hindi or in English. Further, any other Indian regional languages, in addition to Hindi or English, can also be used on such packages.
Penalties
| Sanctions/Consequences | Person Liable |
| A fine up to INR 300,000 (USD 4,460 approx.) | Manufacturer, or seller, or distributor, or importer. |
| The Adjudicating Officer may issue a direction to rectify the mistake or such article may be destroyed. | |
Subsequent offence:
|
Alcoholic Beverages
The Food Safety and Standards Authority of India (FSSAI) recently in June 2016 have approved the proposed Food Safety and Standards (Alcoholic Beverages Standards) Regulations 2015 (the “Alcoholic Beverages Regulations“). However, these Alcoholic Beverages Regulations have not as yet been enacted, and therefore, are not binding.
The Alcoholic Beverages Regulations mandate specifying a statutory warning on all alcohol packages “Consumption of Alcohol is injurious to health“ printed in English language by the manufacturer. It also prescribes that the respective Indian States are permitted to place an additional sticker mentioning the statutory warning in their respective local language.
Until the Alcoholic Beverages Regulations are enforced, the labelling of alcohol packages will be governed under the Legal Metrology Act.
Drugs and Cosmetics
The Drugs and Cosmetics Rules, 1945 (the “Drug Rules“) prescribe rules regarding sale, storage, import, and packaging and labelling for specific kinds of drugs and cosmetics in India.
The Drug Rules mandate that the specifications on the labels of all drugs and cosmetics, manufactured/imported for sale in India, must be specified in English. Further, any other Indian regional languages can also be used on such packages.
The Drug Rules prescribe certain specific mandates, such as in case of hair dyes containing Para-Phenlenediamine or other dyes, colours and pigments, the statutory caution and the instructions for carrying out the test must be labelled in English along with any of the regional languages, and must appear on the product’s inner and the outer labels. Although this rule does not specify the regional language/(s) to be mentioned, it is a common practice in India to specify the outer labels in English, and the inner labels in all major regional languages in India.
Further, the statutory caution for Ayurveda, Siddha or Unani drugs must be mandatorily labelled in English and Hindi.
Penalties
| Sanctions/Consequences | Person Liable |
Misbranded drugs:
|
A Manufacturer, or distributor, or seller, who is responsible for labelling of the drugs, or an importer (in case of imported packages) |
Misbranded cosmetics:
|
|
Ayurvedic, Siddha or Unami drugs:
|
Insecticides
The Insecticides Act, 1968 and the Insecticides Rules, 1971 (the “Insecticides Rules“) regulate the import, manufacture, sale, transport, distribution, use of insecticides.
The Insecticides Rules prescribe rules for language labelling requirements for packages of insecticides, manufactured/imported for sale in India. It mandates that the label and leaflets affixed or attached to the packages of insecticides must be printed in Hindi, English and in one (1) or two (2) Indian regional language/(s) which is in use in the areas where the packages are likely to be stocked, sold or distributed.
Penalties
| Sanctions/Consequences | Person Liable |
| Imprisonment up to six (6) months, and / or fine; | A Manufacturer, or distributor, or seller, who is responsible for labelling of the insecticide packages, or an importer (in case of imported packages) |
Subsequent offence:
|
Cigarettes and other tobacco products
The Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2014 (the “Cigarette Packaging Rules“) issued under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce Production, Supply and Distribution) Act, of 2003, prohibit the advertisement of cigarettes and other tobacco products and also regulate the production, supply and distribution, packaging and labelling of cigarettes and other tobacco products in India.
The Cigarette Packaging Rules also prescribe rules for language labelling on cigarette and tobacco product packages. It prescribes that each health warning must be specified in English, Hindi and any other Indian regional languages in the following manner:
| If Language used on the package or label is/are: | Then language of health warnings must be in: |
| English | English |
| English, along with any of the Indian regional languages | English and any one (1) of the Indian regional language in which the brand name appears |
| Hindi, along with any of the Indian regional languages | Hindi and any one (1) of the Indian regional language in which the brand name appears |
| Any one (1) of Indian regional language | The same Indian language as used on the package or label |
| More than one (1) or two (2) Indian regional languages | Any two (2) Indian regional languages in which the brand name appears |
| Any one (1) of the foreign language | English |
| Foreign and more than one (1) Indian regional languages | English and any one (1) of the Indian regional languages in which the brand name appears |
Further, the textual health warning must be inscribed in the language which is specified on the product package. The textual health warnings must be given in two (2) languages, in such manner that the warning in one (1) language must be displayed on one side of principal display area, and the second language on the other side.
The Cigarette Packaging Rules also regulate the imported cigarettes and tobacco packages’ supply and distribution in India and the same language labelling requirements apply for the imported packages as well.
Penalties
| Sanctions/Consequences | Person liable |
Non-compliance of labelling rules for specified warnings:
|
Manufacturers |
Subsequent offence:
|
Manufacturers |
Non-compliance of labelling rules for specified warnings:
|
Distributors and sellers |
Subsequent offence:
|
Distributors and sellers |
Conclusion
Indian legislature has prescribed exhaustive rules and regulations for packaging and labelling of all kinds of commodities, however, despite periodic amendments, there are still certain ambiguities in these regulations. Further, due to lack of awareness of the intricate aspects of these packaging and labelling laws among the ignorant manufacturers, sellers, distributors, or importers in India, and the lack of endeavour to comply with the labelling laws, it has become a challenge both for the market players and the enforcement authorities to ensure compliance of the labelling laws.
Additionally, the enforcement of the packaging and labelling laws is not very efficient as the non-compliance is identified only when the authorities suo moto inspect the goods randomly once in a while and imposes penalties for the misbranded goods.
Therefore, there is a need for clear and concise labelling laws, initiative to create awareness, and their effective and stringent enforcement.
Considering the government’s recent initiatives (such as the approval of Alcoholic Beverages Regulations which has clarified the labelling requirements for alcohol manufactured or imported in India to a large extent), we hope that the Indian packaging and labelling laws will be suitably reformed to ensure clarity and effective enforcement, more so in view of increasing online retailing and the import of global products of all categories into India.
Disclaimer: This update does not constitute legal advice, and is intended for information purposes only. The reader should always consult a suitably qualified lawyer on any legal issue.
Published: September 30, 2016