LEGAL METROLOGY

LEGAL METROLOGY

LEGAL METROLOGY

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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Penalty & Legal Metrology Activity

Anyone who violates Regulations 27 through 31 of the Legal Metrology Rules is liable to a fine of ₹4,000. In the case of a company, each director or responsible person may be held personally accountable.

It's important to understand that all “pre-packed commodities” must be registered under Rule 27. Despite being defined in the Legal Metrology Act of 2009, the application of the term remains ambiguous. Various High Courts and the Supreme Court have tried to clarify the term through judicial precedents, but many businesses still face difficulties in compliance.

Legal Metrology Activity Includes:

  • Protecting consumers from dishonest vendors
  • Issuing and renewing licenses for manufacturers, repairers, and dealers of weights and measures
  • Verification and stamping of measuring instruments
  • Conducting inspections, seizures, and raids to control illegal practices
  • Implementing Packaged Commodities Rules for mandatory declarations
  • Annual certification of all weights, measures, and devices

PCR (Packaged Commodity Rule) 27

Rule 27 of the Legal Metrology (Packaged Commodities) Rules, 2011 applies to food, electronics, and both durable and non-durable consumer products. Any person who pre-packs commodities in containers like bottles, wrappers, or tins must register with the Director or Controller of Legal Metrology.

Exemptions

  • Packages exceeding 25kg or 25 liters
  • Commodities packed for institutional or industrial use
  • Bags over 50kg containing agricultural produce, fertilizers, or cement

Documents Required for a PCR Application

To apply for a PCR (Packaged Commodity Rules) Importer or Manufacturer License under Legal Metrology, the following documents are essential:

  • Complete warehouse details
  • Name of the item and its HSN (Harmonized System of Nomenclature) code
  • No Objection Certificate (NOC) from the landlord of the premises
  • Samples of packing materials, slips, stickers, and labels
  • Company’s Memorandum of Association (MOA), or Partnership Deed (if applicable)
  • Two passport-size photographs of each director or partner
  • Proof of the company’s registered address
  • Passport-size photo of the director
  • Residential proof of 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 declarations must be made on imported packets for sale:
i. Name and address of manufacturer, packer, or importer.
ii. Generic and popular names of the commodities.
iii. Net quantity in Standard Unit of Weight or Measurement.
iv. Month and year of import/packing.
v. MRP (Inclusive of all taxes).
vi. Phone number and email of the responsible party.
vii. Declarations must be in Hindi or English, printed directly on or securely affixed to the package.
Is it legal to sell or use unstamped weights and measures?
No. Weights and measures must be validated and stamped by a licensed manufacturer, dealer, or Legal Metrology Officer before being sold, possessed for sale, or used.
Can a dealer lawfully charge more than the maximum retail price shown on the package?
No. Charging above MRP is a punishable offense and traders can face criminal charges for overpricing.
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