LMPC Inspection of Quantity and Error in Packages
The responsibility and power of a legal metrology officer is to conduct the inspection of quantity and error in packages at the premises of the wholesale dealer or retail dealer. The wholesale dealer and retail dealer of the prepacked commodity shall comply with all the legal metrology packaging rules and regulations as per the Indian legal metrology system. LMPC Registration and the LMPC certificate, LMPC License shall be obtained by the manufacturer, importer, or packer of the commodity.
Inspection of Quantity and Errors in Package
Inspection can be done in the form of a test in relation to the net quantity contained in a package and shall be carried out at the premises of the retail dealer or the wholesale dealer unless in the following situations.
- A complaint is received by the director or the controller, or any other legal metrology officer, that the package sold or delivered to the complainant or consumer does not contain the quantity declared on such package or on the label affixed thereto.
- The director, controller, or any other legal metrology officer has reason to suspect that any package has been tampered with or there has been any pilferage or leakage of the commodity contained in the package.
- The director or the controller of any legal metrology officer and any package or any label affixed thereto does not bear on all or any LMPC declaration on package which is required to be made under the rules of the act and in case the manufacturer does not comply with the legal metrology packaging rules.
- The test was carried out in pursuance of the provisions of the act. The director, controller, or any other legal metrology officer shall verify whether.
- the quantity contained in the package corresponds to the quantity declared on the package, or
- any label affixed thereto;
- the quantity contained in the package is less than the declared quantity, or
- the deficiency is more than the minimum permissible error in relation to that commodity.
- The director, controller, or any other legal metrology officer finds in a test carried out under the act that the error or deficiency in the package kept or stored for sale, distribution, or delivery at the premises of the retail dealer or wholesale dealer is more than the maximum permissible error.
- In such a case, the legal metrology officer shall seize such a package and take appropriate action against the offender, who may be the retail dealer or the wholesale dealer, as the case may be, in accordance with the provisions of the act. Penalties under Legal Metrology are imposed on offender.
- In the case of the package bearing the word “when packed”, no action shall be taken against the retail dealer or wholesale dealer. If the director, controller, or any other legal metrology officer is satisfied after the necessary test that the deficiency in the net quantity contained in the package is due to environmental conditions.
- In the event that the net quantity contained in the package conforms to the declared quantity or where there is a deficiency and such a deficiency is not more than the maximum permissible error, in such a case, the retail dealer shall be at liberty to sell, deliver, or distribute such commodity at a price determined on the basis of the quantity found during the test.
- As a result of any test conducted under the rule, if it is found that any package or any label affixed thereto does not declare the required information to be made on the package, it shall be lawful for the director, controller, or any other legal metrology officer to make such inquiry as to the source from which such package was received by the wholesale dealer or the retail dealer, as the case may be, and he thinks fit.
Establishment of the Maximum Permissible Error on Packages
To comply with the legal metrology packaging rules the maximum permissible error in relation to the product shall be in accordance with the Legal Metrology Act. While establishing the maximum permissible error in relation to the net quantity of the commodity contained in the package, due account shall be taken of the following, which may lead to a variation in quantity, such as:
- Variation is caused by unavoidable deviation in weighing and measuring or counting the content of individual packages that may occur in good package practice.
- Variation caused by the ordinary and customary exposure to conditions such as:
- storage, or the like that normally occur in good distribution practice after the commodities are introduced into trade or commerce.
- Variation due to the nature of packaging material or containers.
- The director, controller, or any other authorized legal metrology officer shall determine or cause to be determined, in relation to any commodity
- the declaration at risk of the net quantity of which it is permitted to be qualified by the words “when packed” and
- reasonable variation which may take place by reason of the environmental condition.
Deceptive packages to be Repacked or, in Default, to be Seized
- Deceptive packages mean packages which are designed to be deliberately given to the consumer with an exaggerated or misleading impression of the quantity of the commodity contained therein.
- Where bigger dimensions of the machine used for filling such a package can be justified by the manufacturer or packer on the grounds that such dimensions are necessary for giving protection to the commodity contained in the package.
- All formatting requirements of the machine used for filling such a package must be met.
- The director, controller, or any other legal metrology officer finds that the quantity contained in the package agrees with the quantity declaration on package or label.
- On the determination of the quantity contained in the sample package in a deceptive package, they shall require the manufacturer or packer to repeat and relabel such package and,
- In the event of omission or failure on the part of the manufacturer or packer to repack or reliable such deceptive package in accordance with the standard established by the rules, they shall:
- seize them, take appropriate punitive action in accordance with the act, and
- take adequate steps for the safe custody of such packages until they are produced in court as evidence.
- In the case of a seized package containing any commodity which is subject to a speedy or natural trick, the director, controller, or any other authorized legal metrology officer will dispose of the commodity in accordance with the rules made under the act.
Ultimately, it is important for the wholesale dealers or retail dealers to comply with the rules and regulations laid down under the act to keep themselves away from legal metrology disputes.
The Legal Metrology officer has a right to inspect the unit of the retail dealer or the wholesale dealer as and when required, or on the complaint of any consumer or citizen of India.
The ELT Legal Metrology consultancy helps the wholesale dealer and retail dealer get through the rules and regulations of Legal Metrology and fulfill all the compliance requirements thereto.
There is always a solution to legal metrology disputes in that any manufacturer, dealer, importer, or packer of the commodity in the legal metrology dispute may consult the legal metrology consultancy to find out the solution to the legal metrology dispute.
It is important for every dealer to take care of the declaration made on the package in relation to the quantity written on the package and the quantity given inside the package.