LEGAL METROLOGY
INTRODUCTION
Metrology is the scientific study of measurement. Legal metrology provides standards for the control of measurements and measuring equipment. Legal metrology is essential for fair trade while also safeguarding the environment, customers, merchants, and public safety.
According to the Legal Metrology Act of 2009, all packaged goods sold or distributed in India must have a Legal Metrology Certificate issued by the Metrology Department of Consumer Affairs, including goods manufactured, exported, and imported, as well as food items and consumer products.
Weights and measures have become more widely used as a result of considerable advancements in weighing and measuring systems brought about by scientific and technological achievements.
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LEGAL METROLOGY ACT
1. The 2011 Legal Metrology (General) Rules – It covers around 40 different types of scales and measuring tools, such as electronic scales, weighbridges, fuel pumps, water meters, sphygmomanometers, and clinical thermometers. State Government officials evaluate these weighing and measuring devices regularly using the Standard Weights and Measures and the manner outlined in the Rules.
2. Packaged Commodities Legal Metrology Regulations, 2011 – It imposes certain labeling criteria before product sale and governs pre-packaged goods in India. To comply with this rule, each package must include the following specific declarations:
In the case of imported packages, the manufacturer’s name, packer’s name, and country of origin of the importer
The common or generic name of the commodity and the net quantity of the package in standard units of weight, measure, or count
Maximum Retail Price (MRP), which is the retail sale price, is Rs… inclusive of all taxes for the month and year of import, manufacture, and packaging.
Information on customer service.
3. Model Approval Rules in Legal Metrology, 2011 – Pre-packaged items must include affirmations and other information in addition to standard measures or figures, according to a rule established by the Central Government under the Legal Metrology Act of 2009.
4. National Standards for Legal Metrology, 2011 – It is a framework established by the Central Government to specify the requirements for base units of measurement and base units of mass.
(ii) a variety of standards, and
(iii) the norm-verification intervals.
5. Legal Metrology (Numeration) Regulations, 2011 – This clause discusses numeration and how to write numbers correctly.
6. Indian Institute of Legal Metrology Rules, 2011 – The Indian Institute of Legal Metrology in Ranchi is directed by this agency and serves as a training facility for legal metrology officers employed by Indian states, union territories, and local governments. These rules define the Institute’s required activities, the courses that must be taught there, and the requirements for Institute applicants.
7. The 2013 Legal Metrology Rules (Government Approved Test Centers) – The Government Approved Test Centre (GATC) Rules govern the approval of GATCs developed by private parties for the verification of certain weights and measures by State Government Officers. Regarding the weights and measures used to verify compliance with these regulations:
Water meter
Fuel Dispenser
sphygmomanometer
Flow meter
clinical thermometer
automatic rail weighbridge, tape measure
non-automatic weighing instrument with accuracy class-IIII/class-III (up to 150 kg)
load cell
Weight Scale
beam scale
LEGAL METROLOGY REGISTRATION
Anybody who works with weighing and measuring instruments must register with the legal metrology office. It can be used in the three ways listed below:
1. Company Registration – Under legal metrology, any business that manufactures, imports, or packages weighable and measurement instruments is required to register.
2. Importer of Weights and Measuring Equipment Registration Certificate – is required before anyone can export or sell their weighing and measuring tools in India. Only standardly packed items may be imported into India. Registration for importers under general regulations, packers and importers (registration for packaging and warehousing), and businesses under legal metrology are all included.
3. Registration of Manufacturers, Importers, and Packers (Packaging and Warehouses) – Packaging and warehouse registration must be obtained or renewed for items having labels that fall under the authority of Legal Metrology Certification.
For products relating to weight and measurement, such as weighing machines, the LM department requires five-step registrations.
Model Acceptance
Registration of Packaged Commodities
Import Permit
Dealership Permit
LM Department’s NOC
PENALTY
Anybody who violates Regulations 27 through 31 will face a 4,000 rupee fine. If a firm commits the breach, each director or person in control will be held individually accountable.
It is critical to note that all “pre-packed commodities” must be registered under Rule 27. Even though the Legal Metrology Act of 2009 includes a definition, there is some ambiguity in how the term is used. Even though successive High Courts and the Supreme Court have attempted to define the term in various Judicial Precedents, firms/entities continue to struggle to comply with the laws’ criteria because they are vague.
LEGAL METROLOGY ACTIVITY
Protect customers from dishonest vendors.
Give recommendations for measuring and measuring equipment control.
Weights and measures makers, repairers, and dealers are issued and renewed licenses.
Weighing and measuring equipment verification, labeling, and payment of verification costs
Officials conduct surprise inspections, seizures, and raids to eliminate unlawful and non-standard weights and measures.
Furthermore, it implements the 2011 Legal Metrology (Packaged Commodities) Rules, which require all packaged items and containers to bear declarations comprising information such as net weight, volume, length, maximum retail price, and manufacture/packaging date.
Every year, all users of weights, measures, and measuring devices must have them certified.
PCR (PACKAGED COMMODITY RULE) 27 OF LEGAL METROLOGY
PCR can be used in food, electronics, and both durable and non-durable consumer items. Anyone who pre-packs any commodity in a bottle, tin wrapper, or another container must register with either the Director of Legal Metrology or the Controller of Legal Metrology, according to Rule 27 of the Legal Metrology (Packed Commodity) Regulations 2011.
EXEMPTIONS
Packaging for products weighing more than 25g or containing more than 25 liters.
Packaged items are for institutional or commercial usage.
Bags carrying more than 50 kg of agricultural goods, fertilizer, and cement are sold.
DOCUMENTS REQUIRED FOR A PCR APPLICATION:
Information and documentation are required to apply for a PCR importer/manufacturer license.
All Warehouse details
The item’s name and the HSN code
NOC from the landlord
Packing supplies, slips, stickers, and labels, as well as the company’s memorandum of association and, in the case of partnerships, the partnership deed. Each director and partner is represented by two images.
proof of company address
Passport photo of the director’s
evidence of residency provided by the applicant
LEGAL METROLOGY’S GOALS:
When this Act went into effect, the following objectives were established:
To regulate the weights and measurements used in commerce and trade.
To establish and maintain weights and measures standards.
Impose weight, measurement, or numerical constraints on goods makers, sales, and consumption.
To justify the metric system rationally.
FAQ:
WHAT IS THE IDENTITY OF THE PRE-PACKED COMMODITY?
Pre-packaged commodities are any products of any sort that are placed in a container without the buyer’s presence so that the product within has a predetermined quantity, regardless of whether the container is sealed or not.
What are the conditions for purchasing imported items?
The following are the obligatory declarations that must be made on a packet that has been imported and is for sale:
i. The manufacturer, packer, or importer’s name and address.
ii. The generic and popular names of the commodities.
iii. The net amount represented in terms of the Standard Unit of Weight or Measurement.
iv. The month and year of importation and packing.
v. MRP (Maximum Retail Price) Rs………. (Inclusive of All Taxes).
vi. The phone number and email address of the maker, packer, or importer.
vii. The Declaration may be printed directly on the package or on a label that is securely affixed to it.
The declaratory text must be printed in either Hindi or English.
Is it legal to sell or use unstamped weights and measures?
Weights and measures may not be sold, exposed, possessed for sale, used, or held for use in any transaction or for protection unless they have been validated and stamped by a licensed manufacturer/dealer or Legal Metrology Officer.
Can a dealer lawfully charge more than the maximum retail price shown on the package?
No, the trader can face criminal charges for overcharging.
