An Overview of Compliance under Legal Metrology

Compliance under Legal Metrology
krishna kumar
| Updated: Jul 18, 2022 | Category: Legal Metrology

The Directorate of Legal Metrology provides the guideline regarding the weight & measures and standards in every State of India, and the majority of business impacts under the Laws of Legal Metrology are involved in the sale and distribution or any transaction of products through weight, measure or number. In September 2020, the Deputy Director of Legal Metrology issued a letter to guide Selling Entities concerning the compliance with Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities), 2011.

 Essential Declarations under Legal Metrology Act

In the letter, the Deputy Director has guided some essential declarations are need to be made on all pre-packaged commodities in the interest of consumers, such as:

  • the name and address of the packer,
  • name and address of the manufacturing,
  • name and address of the importer,
  • country of origin,
  •  commodity name,
  • net quantity,
  • month and year’
  • retail sale price,
  • consumer case details,
  • Use by date of a commodity which becomes expire products for human use after some time.

The Deputy Director has requested compliance with the above-given provisions by the guide selling entities and submits a copy of the registration certificate grant under Rule 27 of the Legal Metrology[1] (Packaged Commodities) Rules, 2011. Read below to know about the compliance under Legal Metrology.

Major Stakeholders under Legal Metrology Act

Following are the vital Stakeholders under Legal Metrology Act:

  1. Dealer
  2. Importer
  3. Manufacturer
  4. Repairer
  5. Packer

Essential Compliance under Legal Metrology Act

Following are some essential compliance under Legal Metrology Act:

SI PROVISIONS DETAILS
  Registration by Packer, Manufacturer, or Importer of Commodities all Manufacturers, Packer, or Importers of Commodities who pre-pack or import commodities for sale, distribution, or delivery need to get a Registration under the Legal Metrology (Packaged Commodities) Rules, 2011.
  Verification and Stamping This is also essential compliance under Legal Metrology: Use or sale of any weighing/measuring device is not approved without verification and stamping; All individuals using any weight, measuring, or measuring device in any transaction have to obtain verification and stamping of weight and measure devices; Re-verification is mandatory for future use of weight and measures for any transaction;The weight and measure that cannot move from its premise are stamped and verified at its premise itself.
  Maintain Records and Registers All Manufacturers, Dealers or Repairers of weight or measure shall maintain proper records and registers of weight and measure.
  Returns or Report All Licensed Dealer is required to submit monthly/quarterly returns or reports of weights and measure to the Legal Metrology Controller. However, reporting and timeline requirements may change from State to State.
  Use of Weight and Measure All entities, whether in services or business, use standards of weight and measure that may comprise temperature, unit, length, volume, mass, capacity, and premises. Use of weight and measure in accordance for the following activities: Exhibit any cash memo, price list, or invoices; Indicate the net quantity of the pre-packaged commodities.Announce any items price; publish any advertisement.
  Approval of Model of Weight and Measure All individuals, before manufacturing/ importing any weight/measure, shall get advance Model Approval of that weight or measure. Application for the Model Approval of weight or measure shall contain the following details: Applicant name and address; Process of test followed by the manufacturer; Where the Model is imported from other nations, the name and address of the manufacturer along with the dealer in India; A overall description of the weight or measure; Name and brand type of the weight and measure; Possible use for that the weight or measure is aimed to produce.
  Mandatory Declarations This is essential compliance under Legal Metrology and this act imposes an obligation of declaration to pack, sell, deliver, offer, expose, manufacture, or possess for sale any pre-packaged commodity in standard quantities or numbers. Mandatory declaration to be made on all package/pre-packaged commodities aimed to be commercialised in India.

Recent Development in Compliance under Legal Metrology Act

Following are the new amendment in Compliance under Legal Metrology Act:

  • State of manufacture/import or at the place of installation as specified by the legal metrology officer in the State in which such.
  • Re-verification & stamping shall be done at periodical intervals by the legal metrology officer in the State in which the weight/ measure is put to use.
  • Re-verification of weights/measures is not required that are used by the companies for their internal use and does not affect the quantity delivered to the consumer.
  • Every Web Portal required declarations.
  • If a package contains a commodity, ‘Use before’ or Use by date, month and year shall be prominently display.

Conclusion

After all the above study, we conclude that every Direct Selling Entities must have to comply with the provisions mentioned in the article and make mandatory declarations on pre-packaged commodities and ensure registration under Rule 27.

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krishna kumar

Krishna Kumar has completed BA-LLB with a specialization in constitutional Laws from ICFAI University. As a recent graduate, He has both legal research and content writing experience in various law firms. He secures good drafting skills for various legal documents in multiple fields of law.

 

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