Legal Metrology

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.

Do you know there is a difference between state government and central government licenses? Let’s start by understanding the basics. All the states can have their own Act and the centre has its own which applies to the whole of India. For centre- the Legal Metrology Department falls under the Ministry of Consumer Affairs, Food and Public Distribution Wing of the Government of India. If we talk about state licenses, every State Government has their respective Legal Metrology Department with different names like in Delhi State Government has the Department of Legal Metrology with the name of “weights and measurements departments”. What Is The Role Of The State and Central Government In Legal Metrology Act? Subjects of legal metrology fall under the concurrent list of the constitution of India- which means both states and the centre have the power to grant licenses under the LM Act. But licences related to weighing and measuring instruments as well as weights and measurements are only issued by the centre, whereas licenses related to packaging of goods under The Legal Metrology Packaged Commodities Rules,2011 can be issued by the state as well as the centre. In case of central licenses, the duty of enforcement of the law is of the state government, it’s only through state governments that the central government enforces the given law. Which Is a Better Option To Have a Central License or State License? If you have a business address in one state or your place of business is within one state in such case, you can go for state licence. Central Government License is mandatory under certain cases You need to mandatorily apply for a central license in the following two cases:-

Get to know about the basic terms that you must know about Legal Metrology. This will help you to understand the importance and value of legal metrology in India. What is Legal Metrology? Legal metrology is the study of weighment and measurement concerning the mandatory technical and legal requirements having the objective of ensuring public security and accuracy of the weighment and measurement. What Is A Pre-Packed Commodity? A commodity which is packed without the purchaser being present and packed in a package having pre-determined quantity written on it. Who Is Competent Authority To Grant Legal Metrology Licence? The Controller of Legal metrology is the competent authority to grant the licence. Who Approves The Model Of Weight And Measure? There are various Regional registered standards laboratories, which approves the model also known as a model approval and give the report to the Director of Legal metrology. Who Issues The Certificate Or Licence Of Legal Metrology? The central government gives the authority to the Director of legal metrology to issue the licence after the model gets approved by RRSL. What Is The Validity Of The Lmpc Licence? The validity of legal metrology licence for Bullion weights, Cast iron weights, Counter machine, Beam scale and volume measures is Two years. For Electronic scale, platform machine, steel metre and peg measures is One year.

Rule 6 of the Legal Metrology Packaged Commodity Rules, 2011 states that declarations to be made on every package. The declarations are as follows: Recently, the Delhi High Court under a PIL ordered the Centre to ensure and file a fresh affidavit after verification that e-commerce websites like Flipkart, Amazon, etc. are complying with relevant laws of displaying the name of the manufacturing country or country of origin on products sold on their platforms. Overview of Rule 6: Legal Metrology Packaged Commodity Rules, 2011 Rule 6 of the Legal Metrology Packaged Commodities Rules, 2011, pertains to the labelling requirements for packaged commodities. This rule mandates that certain declarations must be made on the packaging of commodities to ensure transparency and protect consumer rights. The key aspects of Rule 6 include: These requirements ensure that consumers can access accurate and precise information about the products they purchase, promoting fairness and transparency in the marketplace. Mandatory Declarations on Packaged Commodities Mandatory declarations on packaged commodities, as outlined by the Legal Metrology Packaged Commodities Rules, 2011, include: These declarations ensure that consumers are well-informed about the products they purchase and help maintain standardization and accountability within the industry. Recent Rules on E-commerce Compliance of the Delhi High Court The Delhi High Court has recently addressed the compliance requirements for e-commerce businesses, emphasizing the need for adherence to legal and regulatory standards. Key points include: The court’s rulings underscore the importance of e-commerce businesses adhering to legal standards to ensure fair practices and protect consumer interests in the online marketplace. Importance of Compliance in Promoting Indian Goods Compliance with regulatory standards plays a crucial role in promoting Indian goods for several reasons: Economic Growth: Promoting high standards through compliance contributes to the overall growth of the Indian manufacturing and export sectors, strengthening the economy. The petitioner’s counsel raised an issue, saying that there were significant obscurities related to the products sold on the e-commerce websites, such as one product having several countries of origin and the country of origin being foreign. Still, the product is shown as being made in India. The country of origin varies from manufacturing country. In his rejoinder affidavit, he stated that the e-commerce entities defy the Legal Metrology (Packaged Commodity) Rules, 2011, and Consumer Protection (E-commerce) Rules, 2020. He has requested that prosecution be charged against those flouting the rules. However, e-commerce entities like Amazon, Flipkart, Decathlon, etc., have claimed that they comply with laws under the Legal Metrology Act and are displaying their country of origin on products sold on their platforms. Why do E-Commerce Sites Display the Country Of Origin On Products? It has been asserted that the application of the mandate was important in the present situation when citizens of our country intend to comply with the appeal of the central government to promote and purchase Indian goods and not from some neighbouring countries. Consumer Trust: Adhering to regulations builds trust among consumers by ensuring that products are safe, accurately labelled, and meet quality standards. Market Access: Compliance with national and international standards facilitates easier entry into various markets, including export markets where adherence to specific regulations is required. Brand Reputation: Companies that comply with legal requirements are perceived as reliable and ethical, enhancing their brand reputation and competitiveness. Legal Protection: Compliance helps in avoiding legal issues and penalties, ensuring that businesses operate smoothly and focus on growth and innovation. 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.