Complying with Indian Legal Metrology laws

India has a well-established legal metrology framework that regulates the measurements and weights of products sold in the country. The Legal Metrology Act, 2009, defines Legal Metrology under section 2(g) “as that part of metrology which treats units of weighment and measurement, methods of weighment and measurement and weighing and measuring instruments, in relation to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of the weighments and measurements;” and the Legal Metrology (Packaged Commodities) Rules, 2011, are the primary legislations that govern legal metrology in India. To ensure compliance with Indian Legal Metrology Laws.

The main ambition behind the Compliance of Legal Metrology Laws in India is to maintain implementations of the set principles of weights and measurement tools, for following and restructuring Metric Systems, for example, units of meter, kilogram, liter, etc., to regulate business related to trade and commerce of weights and measurement instruments across India, For proper guidelines of Sale, Production and Utilization of goods in accord with standard measurement. Considering the above, businesses that use metrology must follow certain rules and measures and here are some tips on how to ensure compliance with Indian Legal Metrology Laws.

• Register with the Legal Metrology Department: Any business involved in the manufacturing, packaging, or distribution of goods must register with the Legal Metrology Department. Registration is mandatory, and failure to register can lead to legal action.
• Obtain a License: In addition to registration, businesses must also obtain a license from the Legal Metrology Department to manufacture or pack pre-packaged commodities. The license is issued after verifying the facilities, equipment, and testing methods used by the business.
• Proper Labeling: The Legal Metrology (Packaged Commodities) Rules, 2011, mandates proper labeling of pre-packaged commodities. The label should contain information such as the net quantity of the product, the name and address of the manufacturer, and the maximum retail price (MRP).
• Accurate Weighing and Measuring: Businesses should use approved weighing and measuring instruments for packaging and selling products. These instruments should be verified and stamped by an authorized agency, and they must be recalibrated at regular intervals.
• Compliance with MRP: The MRP of a product must be clearly indicated on the label and cannot be exceeded. Businesses cannot charge more than the MRP, and any discounts or offers must be clearly stated on the label.
• Periodic Inspections: The Legal Metrology Department conducts periodic inspections of businesses to ensure compliance with legal metrology laws. Businesses must cooperate with the department during inspections and provide access to the premises, records, and equipment.
• Maintenance of Records: Businesses must maintain records of all weighing and measuring instruments, along with their verification and calibration details. They must also keep records of the pre-packaged commodities manufactured, packed, or sold, along with their MRP.
• Penalty for Non-compliance: Non-compliance with legal metrology laws can lead to severe penalties, including fines and imprisonment. The Legal Metrology Department has the power to seize non-compliant instruments and products.

On September 2020, a notification was released as a Compliance Order was issued to the Retailing Entities directly under the approval of the Deputy Director of the Legal Metrology Department of the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011. The Deputy Director had implied some obligatory assertions that are to be followed for all packed commodities, which are established in accordance with the interest of the buyer. As per the notification, it is required to mention the below details –

• 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

In conclusion, compliance with Indian Legal Metrology Laws is crucial for businesses involved in the manufacturing, packaging, or distribution of goods. It is important to register with the Legal Metrology Department, obtain a license, use approved weighing and measuring instruments, and ensure proper labeling and compliance with MRP. Businesses must also cooperate with periodic inspections by the Legal Metrology Department and maintain records of all weighing and measuring instruments and pre-packaged commodities. Failure to comply with legal metrology laws can lead to severe penalties and harm the reputation of the business.

Author: Rajeev Rambhatla Head- Hyderabad, KSK