An Overview of the Legal Metrology Compliance & Audit

In September 2020, a notification for a Compliance Order was issued to the Selling Entities directly under the authorisation of the Deputy Director of the Legal Metrology Department to be followed in accordance with the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011. The Deputy Director has implied some mandatory declarations that are needed to be followed for all packaged commodities, which are established in accordance with the interest of the customer. According to the notification, it is mandatory to mention the details regarding -

• The name and address of the Packager
• The name and address of the Importer
• The name and address of the Manufacturer
• The name of the country from which the product has originated from
• The Net Quantity of the Packaged Commodities
• The Generic Name of the Commodity being packaged
• Details of the date, month and year of the commodity being pre–packaged, manufactured and imported
• Best Before or Expiration Date, Month and Year of the commodity
• The Retail Price of the Product
• Details for contacting the Customer Care Support

Compliance Measures for Legal Metrology Laws

The following measures that are mentioned below are the mandatory compliance measures that need to be maintained for regulation over the Legal Metrology Laws -

• The Registration procedure of the Packagers, Producers, and Importers of the packaged commodities for the purpose of packaging of Pre–Packaged Commodities or importing of Packaged Commodities or for distribution, sale or delivery of the required registration in accordance with the Legal Metrology Act, 2009 and the Legal Metrology Packaged Commodities Rules, 2011.
• The Verification and Stamping Procedure of the applicable registration of the Packaged Commodities.
• The utilisation or selling of weights and measurement instruments to be practised only upon verification and stamping of the applicable instrument.
• Re–Verification in case of continuous usage of weights and measurement instruments utilised for transactions of the packaged commodities.
• Maintenance of all records and registrations for dealers, repairers or producers of the weights and instruments that are responsible for the maintenance of the applicable weights and measurement instruments.
• The weights and measurement instruments that can’t be shifted from one location to another need to complete their verification and stamping procedures in the same place.
• Maintenance of timely submissions of mandatory monthly and quarterly reports and returns of all the weights and measurement instruments being utilised to be filed by the Licensed Dealer under the authorised Controller of the applicable Legal Metrology Department.
• Maintenance of weights and measurement instruments to be utilised in the specific order as prescribed in the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011. The Weights and measurement instruments need to be utilised in accordance with the set standards for the instruments, which can be the units of temperature, volume, mass, length, capacity, area, etc. Some of the mandatory compliance measures for utilisation of the weights and measures is mentioned as follows -

1. Issuance of any valid Cash Memo, Price List, Invoices, etc.
2. Indication of the Net Quantity of all the Pre–Packaged Commodities.
3. Announcement of the Price of the Packaged Commodities.
4. All the Advertisements that are published for the Packaged Commodities.

• Ensuring only the approved Model of Weights and Measurement Instruments is being utilised. Anyone involved in importing or production of packaged commodities needs to mandatorily apply for the Approval of the Model of Weights and Measurement Instruments along with the following documentation -

1. The full Name of the applicant along with the details of the Residential Address
2. The procedure of testing the instruments followed by the Producer
3. Details of the approved Model of Weights and Measurement Instruments that are being imported from other countries, along with the details of the name and address of the producer and the dealer from India
4. A Brief Description of the Weights and Measurement Instruments
5. The details of the Type of Brand and the Name of the Brand of the applicable Weights and Measurement Instruments
6. List of all the possibilities for utilisation of the weights and measurement instruments that are being manufactured

• One of the most essential compliance measures needed to be taken as per the Legal Metrology Laws is the obligation of the mandatory declarations for packaging, selling, delivering, offering, producing, exposing, or processing for the sale of Pre–Packaged Commodities that are utilised for commercial purposes in India.

The objective of Compliance of Legal Metrology Laws

The following pointers listed below are the essential objective necessary to be followed to comply with the laws and regulations set for the Legal Metrology -

• For the maintenance for implementation of the set standards of weights and measurement instruments
• For following a set and rationalised Metric System such as units of meter, kilogram, litre, etc. across India
• For the regulation over business related to trade and commerce of weights and measurement instruments
• For the regulation of Sale, Production and Utilisation of goods in accordance with the set standard measurement units, numbers, weights, etc.

Audits for maintenance of Legal Metrology Laws

Auditing is an essential part of the Verification Procedure necessary for the enforcement of the laws of Legal Metrology. Auditing ensures that the weights and measurement instruments being utilised for the sale of packaged commodities is in accordance with the set standards. Auditing is done for two specific circumstances that are in accordance with the laws of legal metrology -

• The first circumstance is when auditing is applied Voluntarily by the producer of the weights and measurement instruments. The applicant needs to adhere to various controls for ensuring that only accurate measurement instruments are produced and sold. The applicant is also required to mandatorily verify the certification of the instruments each year.
• The second circumstance is when the producer is mandated to comply with the set standards of rules and regulations in accordance with the act. In the second circumstance, auditing is regulated for each product that is needed to be dispatched with attached labelling that specifies all the necessary required information that is to be in accordance with the “Packaging Rules”.

The objective of Audits for Legal Metrology Laws

The essential objective for conducting audits of weights and measures and packaged commodities is mentioned below as follows -

• For data keeping of essential and effective timely audits conducted that help establish the preparation of Annual Plans with an imperative perspective.
• The Legal Metrology Department is endowed with applicable Institutional Fundings concerning the Citizens, Financial and Physical Resources for the processing of its mandatory licensing, Calibration, Verification, Stamping and Enforcement of applicable laws in the country.
• The maintenance of the efficient and effective internal controls to be timely monitored and evaluations to be undertaken for the purpose of ensuring that there are no defects or faults in the weights and measurement instruments.
• Financial Management of the Legal Metrology Department for being efficient, economically feasible, and effective in accordance with the financial provisions.

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