Legal Metrology

Legal Metrology (Packaged Commodity) Rules, 2011 states rules and regulation governing all kinds of pre-packaged commodities. A “pre-packaged commodity”  refers to a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre?determined quantity. As per the Packaged Commodity Rules (PCR) there are certain rules and regulations to be followed by an individual or corporation or firm who or which pre-packs or imports any commodity for sale, distribution or delivery. Those rules are discussed here under Rule 6 These are a few of the suggestions one should follow while importing pre-packaged commodities. Oxygen concentrators come under the purview of pre-packaged commodities. Therefore, these rules are applicable to all importing Oxygen concentrators. However, it is important to consult a Legal Metrology while affixing the M.R.P or other declarations on the label to ensure complete compliance.Recently, as per the news there is incriminating evidence that businessman Navneet Kalra imported oxygen concentrators that were not manufactured with German Collaboration and were manufactured in China. As per the reports submitted by Shriram Institute for Industrial Research on concentrators seized from Kalra, stated that the average output in terms of oxygen purity is found to be 32.7% & 38.2%, with the laboratory room air, the oxygen concentration was found to be merely 20.8 %. The police recovered 524 concentrators from three restaurants owned by Kalra i.e. Town Hall and Khan Chacha in Khan Market and Nege Ju in Lodhi Colony as well as from Matrix’s warehouse in Chhatarpur’s Mandi Village. Is there any law to regulate the quantum of M.R.P in India? There is no such specific law to regulate Maximum Retail Price (M.R.P) in India, however, there are few essential commodities like life saving drugs etc. whose prices are controlled by the certain authorities by issuing notifications from time to time. Likewise, last year a notification was issued by the department of National Pricing Authority dated 29th June 2020, stating that manufacturers or importers of  pulse oximeter and oxygen concentrator shall not increase the M.R.P more than 10%. Other Licenses for Oxygen Concentrator As per our understanding, it is voluntary for manufacturers or importers of oxygen concentrators to obtain Central Drugs Standard Control Organisation (CDSCO) license till 30th September, 2021. DISCLAIMER :- The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.

Legal metrology means that part of the metrology which treats units, methods of weighment and measurement instruments, in order to maintain the legal requirements of the Legal Metrology Act, 2009. Legal Metrology on Pulse Oximeters If any seller, Manufacturer or Importer wants to deal in the Pulse-Oximeters then they have to comply with provisions of the legal metrology Act, 2009. Recently the Legal Metrology department of Srinagar had booked three drugs’ stores for selling the pulse-Oximeters in contravention of the Legal Metrology Act, 2009, these are following contravention made by the three drugs stores and the distributors: Under the Legal Metrology (Packaged Commodities) Rules, 2011, the manufacturer, seller or importer must mention the above details. The medical stores do not have the right to sell medical devices or surgical equipment without complying the above rules. So the Legal Metrology Department of Srinagar imposed a penalty of Rs.25000/ on these medical stores and distributors because they were found to be in violation of selling pulse-oximeter without providing the requisite information as mandated by the Legal Metrology Act, 2009. Conclusion The objective of Legal Metrology Act, 2009 is to ensure consumer welfare from the point of view of security and accuracy of the weighments and measurements.The Legal Metrology is very confusing to understand. It is recommended that whenever applicant wants to obtain the Legal Metrology they must obtain the expert advice. DISCLAIMER :- The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.

MRP is the maximum retail price inclusive of all taxes. Accordingly MRP is the maximum retail sale price including all the taxes levied on the consumer, which includes GST. It could be concluded that GST is included in the MRP and could not be charged over and above the MRP from the consumers. As per the provisions of Legal Metrology Packaged Commodity Rules, 2011 the retail sale price of the packages should be clearly indicative that the maximum retail price is inclusive of all taxes. Further manufacturers of packaged commodities will have to stamp or put stickers declaring details of the correct month and year of manufacturing and packing on the pre-packaged products. Due to the introduction of change in the GST,  the government has declared some relaxation under the Legal Metrology Packaged Commodity Rules, 2011 exercising the powers conferred by rule 33(1) of the Legal Metrology Packaged Commodities Rules, 2011, the Central Government hereby permits the manufacturers or packers or importers of pre-packaged commodities to declare the revised retail sale price (MRP) on the unsold stock manufactured/ packed/ imported prior to 01st July 2017, after inclusion of the increased amount of tax due to GST, if any, in addition to the existing retail sale price for three months w.e.f 01st July 2017 till 30th September, 2017. Declaration of the changed retail sale price (MRP) shall be made by way of stamping or putting sticker or online printing, as the case may be, after complying with the following conditions: Further also clarified that any packaging material or wrapper which could not be exhausted by the manufacturer or packer or importer prior to revision of GST, may be used for packing of material upto 30th September, 2017 or till such date the packing material or wrapper is exhausted, whichever is earlier after making corrections required in retail sale price (MRP) on account of implementation of G.S.T. by way of stamping or putting stickers or online printing, as the case may be.DISCLAIMER :- The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.

The Ministry of Consumer Affairs, Food and Public Distribution on 3rd March, 2021 has issued the Legal Metrology General Amendment Rules, 2021.  The objective behind the amendment to avoid double stamping of the same weights and measures. The amendment as follows: Conclusion – Legal Metrology General Amendment Rules, 2021 The Legal Metrology (General) (Amendment) Rules, 2021 is very confusing to understand. It is recommended that whenever applicant wants to obtain the Legal Metrology they must obtain the expert advice. DISCLAIMER :- The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.

The Ministry of Consumer Affairs, Food and Public Distribution amended the Legal Metrology Packaged and Commodities Rules, 2011, the amendment would be effective from January 01, 2018. The rules regulate the content and the manner of declaration to be made on the packaged commodities. The key provisions from the amendments have been highlighted below: Exceptions on Legal Metrology Package Comodity The above provisions Legal Metrology PCR Rules, 2011 do not apply on following commodities: Conclusion In context of different kinds of pre-packed commodities the nature of mandatory declarations do also varies depending on the nature of commodity. Some other technicalities are also involved in compliance of packaged commodity rules. DISCLAIMER: – The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.

In today’s scenario technology has played a vital role in transforming our lives. The advancements in technology have been rapid and diverse and have forever changed the way many of us do things in our daily lives like shopping for groceries, clothes, etc. Therefore, the laws intended for consumer protection shall be according to the way the market and industry functions.To bring clarity in the applicability of the provisions of the Legal Metrology Act and e-commerce entities are required to follow the provisions, the Ministry of Consumer Affairs amended the Legal Metrology Packaged Commodities (LMPC) Rules, 2011  in June 2017 and came into force from January 1, 2018.  The amendments ensure that information given on the pre-packaged commodities like name and address of the manufacturer, net weight, etc. are adequately displayed on digital and electronic networks used for e-commerce transactions. Definitions E-commerce: It refers to the buying and selling of products and services including digital products over digital and electronic networks.E-commerce Establishment: it refers to a company incorporated under the Companies Act (1956 or 2013) or a foreign company covered under clause (42) of Section 2 of the Companies Act, 2013 or an office, branch, or agency in India covered under (ii) of clause (v) of the Foreign Exchange Management Act, 1999 owned or controlled by a person resident outside India and conducting e-commerce India.Marketplace Based Model of E-commerce: it is known as a platform for providing information technology by an e-commerce company on a digital network and playing the role of a facilitator between buyer and seller. Declaration Required on every Web Portal According to Rule 10 of the Amended Rules, e-commerce companies are required to mention certain declarations (similar to packaged commodities) on the digital or electronic platform mainly used for e-commerce platforms. However, the amendments do not clarify how these declarations are to be made. All products sold on a digital network are packed without the purchaser being present at the time of packing, similarly, products sold by e-commerce entities would fall under the category of pre-packaged commodities and include under the Act and the Rules. The commodities exempted from the provisions of the Amendment Rules are as follows: * Packaged commodities with quantity more than 25 kgs or liters, * Products related to fertilizer, cement, and the agricultural farm sold in bags weighing more than 50 kgs, * Packaged commodities meant for industrial or institutional consumers. * Food packages, which are under the purview of the Food Safety and Standard Act, 2006. Responsibility of E-Commerce web-portal under the Legal Metrology Laws According to Rule 4(10) of the amendments states that in a marketplace model of e-commerce the responsibility of the correctness of the declarations is upon the manufacturer/importer/packer/dealer in the following situations: 1. One of the main functions of an e-commerce entity is to provide access to information provided by the manufacturer/seller/importer/dealer;2. The e-commerce entity does not: 3. It is the duty of an e-commerce entity as an intermediary of due diligence under the Information Technology Act, 2000, and follows guidelines as per the Central Government. Due to this amendment manufacturer/retailer/importer/ dealer are burdened with the duty to ensure that all declarations are mentioned on the packaging of the commodity being sold on the e-commerce website.  However, it helps in creating transparency in the operation of e-commerce websites and will help consumers further. Conclusion – Amendments in E Commerce Rules under Legal Metrology The manufacturer or seller or dealer or importer is responsible for ensuring correct declarations on the marketplace model e-commerce portals and not the e-commerce entities. DISCLAIMER: – The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.

Nowadays, the Department of Legal Metrology has been more attentive and prosecute all violators of the Legal Metrology Laws. So just go with the compile list of objects and establishments under legal metrology. In Big Cinemas v. Manoj Kumar, the National Consumer Redressal Commission directed the legal Metrology department to keep an eye on the lawbreakers. List of objects and establishments that fall under the ambit of the Legal Metrology Act Medical Equipment like Stents, oximeters, thermometers, etc. The Legal Metrology Department has widened the scope of devices included under the Act and has started booking hospitals for not following the Packaged Commodities Rules, 2011. The National Pharmaceutical Pricing Agency has begun to tag MRP of a stent, which further led to the cost reduction of an angioplasty. The Ministry of Consumer Affairs has started to include stents under the definition of a pre-packaged commodity. LPG Cylinders The Department of Legal Metrology has instructed all LPG gas agencies to ensure all delivery boys should carry weighing scales at the time of delivery or else strict action will be taken against them. Its main aim is to increase awareness amongst the consumers of the Packaged Commodity Rules, which states that the LPG cylinder must be weighed in front of the customers before the delivery is complete. Petrol Pumps As per, a senior STF official chips were planted in the dispensing machines that cut the outflow of fuel by 10%. In the chip scam, the role of the Department of Legal Metrology and state-owned oil companies was in the spotlight. The Delhi Chief Minister ordered inspection at petrol pumps and warned any outlet involved in cheating customers would be sealed. Meters in Auto-Rickshaws and Cabs The Legal Metrology Department of various States has booked many auto-rickshaws and cabs for violation of rules. Whereas, in Bengaluru, the department is planning on installing digital meters in cabs managed by aggregators like Uber and Ola. Cinema Halls, Restaurants and Hotels There are various hotels, cinema hall and restaurants have been booked by the Legal Metrology Department for overcharging on sale of Packaged Commodities. Conclusion The manufacturers, retailers, wholesalers, and importers should be extra careful of whether their products/services are also falling under the Legal Metrology Act and Rules, and if so, whether or not they are in compliance and accord with the requirements of law.

According to the rules under Legal Metrology, various kinds of commodities and devices weighed and measured in different kinds of metric terms like kilograms, liter, length, etc. So to understand each of them lets know about the metric terms to be used as per legal metrology law. Weight and measurement of a commodity or device are mandatory, used in any transaction for the protection of the consumer. The list of commodities under The Model of Legal Metrology (Enforcement) Rules, 2010 which may be sold by weight, measure, or number are as follows: S. No. Commodity Declarations expressed in the form of weight, measure, number, or more. 1. All kinds of Sauce Weight 2. Sweets like Gulabjamun, Rasgulla etc. Weight 3. Paste and solid paint Weight 4. Liquid Petroleum Gas Weight 5. Honey/Malt Extract/Golden Syrup Weight 6. Fuel Oil with heavy residue Weight 7. Aerosol products Weight 8. Acids (Liquid) Weight or volume 9. Frozen products like Ice-cream Weight or volume 10. Liquid Chemicals Weight or volume 11. Vegetable oils Weight or volume 12. Furnace Oil Weight or volume 13. Hair oil Weight or volume 14. Papad Number and weight 15 Nails/ wood screws Number or weight 16. Fruits and Vegetables Number or weight 17. Readymade Garments Number and size 18. Tyres and tubes Number 19. Electronic Cables Length or weight 20. Electric wire Length or weight 21. Fencing wire Length or weight 22. Industrial diesel fuel Volume 23. Yarn Weight or length of yarn 24. Compressed or Liquidated Gas Weight and equivalent volume that stated temperature and pressure weight Rule 10 According to Rule 10 of the Model Approval of Legal Metrology (Enforcement) Rules, 2010 the declaration of the number of commodities in any transaction, dealing, or contract or for protection should be in the following ways: As per Rule 25 of the Act, in case of violation of rules, the person shall be punished with a fine extending to Rs. 5,000. Conclusion It is always advisable to consult an expert to avoid any violation of rules as per the Act. DISCLAIMER: – The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.

According to Section 24 of the Legal Metrology Act, 2009 every person having any weight or measure in his custody, possession, or control with an intent to use it in any transaction or for protection, should be verified before using such weight or measure. Weight or measure shall be verified at such place and during given time by the Controller on payment of fees as may be prescribed.The Government has the authority to decide the kinds of weights and measures for which the verification is to be done through the Government approved Test Centre.In the Legal Metrology act, 2009, section 25 to section 39 describes penalties for use, sale, etc. of non-standard weight and measure.In the past, several complaints have been received relating to the over-weighing of luggage and excess charging by the consumer affairs department.Recently, during an inspection at Jaipur Airport, three airlines were caught using faulty weighing scales for luggage. The officials of the Department of Legal Metrology have booked cases under the Legal Metrology act, 2009 for violation of standards of weights and measures.One of the airlines did not have a verification certificate which is a violation of Section 33 of the Act and shall be punished with a fine of Rs.2, 000 extending upto Rs. 10,000. On the other hand, the second airline though had a verification certificate but had other irregularities, which is a violation of Section 35 of the Act and shall be punished with a fine which shall not be less than Rs. 2, 000 upto Rs. 5,000. In case of a subsequent offence, the offender shall be imprisoned for a term which shall not be less than three months or may extend upto one year, or with a fine, or with both.It may be noted that many offences under the LM Act are of criminal nature. The Dealer/manufacturer of weight and measurement items should have a valid license like Dealer Registration, Packer Registration, LMPC Certificate, Importer Registration under Section 19, and Model Approval under Section 22 of the Act. DISCLAIMER :- The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.

When the whole world is struck down due to this pandemic of Corona Virus, the priority of manufacturing sector has been shifted from industrial goods to preventive items of COVID-19, consequent to which mass import-exports are happening in relation with medical items, but the requisite certifications/licenses required for such imports are equally enforceable like as before corona period. What is the Problem? Legal Metrology law is not less than a riddle, a law which was enacted in the year 2009, yet has to gain the required awareness about its applicability and consequences. It has been seen that many Covid-19 related items are not manufactured in India, a prominent example of which is Infrared Thermometers which comes under the strict compliance of the Legal Metrology Act since thermometer is measuring instrument. Moreover, legal metrology does apply almost on all the non-weight & measurement pre-packed commodities also, consequent to which any import of hand sanitizers, masks, Personal Protective Equipment (PPE), etc. do also attract the Legal Metrology Package & Commodity Rules under Rule27. How to Avoid This Problem? The major problem with legal metrology laws is that the government has yet not created enough awareness of its applicability. Many small importers have imported the small consignments of Infrared thermometer but at the time of clearing they are informed that they need to comply with Legal Metrology Registration and Model Approval of the thermometer. At ELT Corporate we have well understood this problem and in fact through our mass campaign we tried to create awareness among the importers to avoid importing if they are looking to import small quantities, else they may land up into the additional cost of complying with legal metrology. Generally, whenever any weight and measurement item is imported, it has to go mandatorily with the compliances under legal metrology- one is Importer Registration under legal Metrology and the second is the Model Approval. ELT Corporate Group is a pioneer in legal metrology laws having its presence through its trained associates on pan India basis. DISCLAIMER: – The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.