On September, 2020, the Deputy Director, Legal Metrology had, issued a letter to the Direct Selling Entities concerning the compliance under Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities), 2011. In this letter, the Deputy Director has directed that some mandatory declarations are required to be made on all pre-packaged commodities in the consumers’ interest, such as the name & address of the packer, importer, manufacturer, country of origin, net quantity, commodity name, month & year of manufacturing, import or pre-packing. Month & year, use by date or best before of a commodity which may become unhealthy for human consumption after a time period, retail sale price and consumer care details.
The Deputy Director has requested compliance with the above-mentioned provisions by the Direct Selling Entities and also submitted a Registration Certificate copy issued under Rule 27 of the Legal Metrology (Packaged Commodities) Rules, 2011. Scroll down to check the compliance under Legal Metrology.
What is the objective of the Legal Metrology Act?
Following are the objectives of the Legal Metrology Act:
- To set & implement the standards of weight & measure;
- To rationalise the metric system (meter, kg, etc.) to be used in India;
- To regulate trade & commerce in weights & measures;
- To regulate the sale, manufacture, and use of goods by measures, numbers, or weights.
Who are the Major Stakeholders under Legal Metrology Act?
Following are the Major Stakeholders under Legal Metrology Act:
- Dealer: An individual who carries on, directly or else, the business of selling, supplying, buying or distributing any weight or measure for a valuable consideration.
- Importer: Any individual, firm or legal entity that brings products or causes products to be brought from a foreign nation into a customs territory.
- Manufacturer: An individual who manufacturers weight or measure, any commodity in packaged form, one or more parts, and gets other parts of such weight/measure and after assembling those parts, claims the end product to be a weight/measure manufactured by himself.
- Repairer: An individual who repairs a weight/measure and comprises an individual who adjusts, lubricates, cleans, or paints any weights or measures or provides any other service to such weight/measure to ensure such weight or measure conforms to the standards established by or under Legal Metrology Act.
- Packer: An individual or a firm, that pre-packs any commodity in any bottle, wrapper, tin, or otherwise, in units appropriate for sale, whether wholesale or retail.
Important Compliance under Legal Metrology Act
Following are some important compliance under Legal Metrology Act:
- Registration by Packer, Manufacturer, or Importer of Commodities: Every Packer, Manufacturer, or Importer of Commodities who pre-packs or imports any commodity for distribution, sale, or delivery is required to get a Registration under the Legal Metrology (Packaged Commodities) Rules, 2011.
- Verification and Stamping: This is also an important compliance under Legal Metrology:
- Use or sale of any weighing or measuring instrument is not permitted without stamping & verification;
- Every individual using any weight, measure, or measuring instrument in any transaction have to get stamping & verification of weight & measure instruments;
- Re-verification is compulsory for continuous use of weight & measure for any transaction;
- The weight and measure which cannot be moved from its location are stamped and verified at its location itself.
- Maintain Records & Registers: Every Dealer, Repairer, or Manufacturer of weight/measure shall maintain proper records & registers of Weight & Measure.
- Returns or Report: Every Licensed Dealer is required to submit monthly or quarterly returns or reports of weight & measure to the legal metrology controller. However, reporting & timelines requirements may vary from state to state.
- Use of Weight & Measure: Almost every entity, whether in business or services, uses standards of weights & measure, which may comprise, Length, Temperature, Volume, Unit, Mass, Capacity, and Area. Use of weight & measure in accordance with a standard unit of weight, measure, and numeration is compulsory for the following activities:
- Exhibit or issue any cash memo, price list, or invoices;
- Indicating net quantity of pre-packaged commodity;
- Announce or quote any products’ price;
- Publish any advertisement.
- Approval of Model of Weight & Measure: Every individual, before importing or manufacturing any weight or measure, shall get prior approval of Model of that weight/measure. Application for the approval of Model of weight/measure shall contain the following information:
- Full name & address of the applicant;
- Test procedure followed by the manufacturer;
- Where the Model is imported from other nations, the name & address of the manufacturer along with the dealer in India;
- A brief description of the weight/measure;
- Brand type & name of the weight/measure;
- Possible uses for which the weight/measure is aimed to be produced.
- Mandatory Declarations: This is the most vital compliance under Legal Metrology and this act imposes an obligation of declarations to pack, sell, deliver, offer, manufacture, expose, or possess for sale any pre-packaged commodity in standard quantities or number. Mandatory declaration to be made on every package or pre-package commodities aimed to be commercialised in India.
The following declarations are compulsory to put on the packages:
- Country of Origin;
- Retail Sale Price;
- The name & address of the manufacturer or importer or packer;
- Dimension or size of the commodity when relevant;
- Month & year of manufacturer or import or packing;
- Best before, or expiration date, month, and year of a commodity;
- The generic name of the commodity;
- The net quantity of the content.
- Licensing of Repairer, Dealer, and Manufacturer of weight & measure:
- An application is required to be filed with name, address of premises, commodity name and the requisite fee, which may vary from state to state;
- Every Dealer, Manufacturer, or Repairer of weights & measures is needed to get a license under by Controller of Legal Metrology.
In view thereof, the Direct Selling Entities have to comply with the provisions as mentioned above and accordingly make mandatory declarations on pre-packaged commodities & ensure registration under Rule 27.
Read our Article:Dealer License under Legal Metrology Act