LEGAL METROLOGY
Legal Metrology is the application of legal requirements to measurements and measuring instruments.An Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto.Legal Metrology means 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.
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Certificates of Importers
Applications for Importers of weights & measures and Weighing & Measuring instrument under section 19 of the Legal Metrology Act, 2009 According to Section 19 of the Legal Metrology Act, 2009, any person importing any weight or measure items should not import unless his/her business entity is registered with the Director of Legal Metrology. The application of registration is filed in schedule X under rule 15 of the Legal Metrology (General) Rules, 2011, and obtained under Section 19 of the Act. The importer has to ascertain the label of the product should have mandatory declaration as per packaged commodity rules like country of origin, name and address of the manufacturer, address of the importer etc. The registration must be applied 30 days before the commencement of the import of goods. The validity of importer registration is for a minimum of 1 year to a maximum of 5 years.
An importer of measuring instruments, vying to do business in the Indian market needs to register itself to obtain the Certificate of Registration of Importer of Weights and Measures. The application for registration is filed in schedule X under Rule 15 and obtained under section 19, 22 or 49 of Legal Metrology Act 2009.pplications for registration of manufacturers/ packers/ importers under Rule 27 of the Legal Metrology (Packaged Commodities) Rules, 2011
What is the cost of Legal Metrology Registration ?
The Costing to obtain the Legal Metrology Registration
- Location of Manufacturer/Importer/Producer. (Domestic/Overseas)
- Type of Product and Number of Models.
- LAB Testing as per test perform or Lab
- Applicable government fee and service fee
What are the requirements of Legal Metrology Registration ?
- Business entity proof
- ID proof
- Sample of the product
- Duly filled application form
- Test report
- Receipt of the application fee.
Model Approvel System
Applications for approval of models of weights & measures and Weighing & Measuring
instrument under section 22 of the Legal Metrology Act, 2009a) Model Approval through
Testing:- Under this way of model approval, the model will be tested by the government
laboratory operated as prescribed by the Director, Legal Metrology Department, Central
Government, in Delhi. The importer will be required to pay the prescribed model approval
fee.
The model shall be kept under testing for a prescribed period and once the test is completed
the testing report shall be directly sent to the director and if the testing report meets with
the legal metrology standards established under the act, then the director shall grant the
model approval certificate.
The testing shall be mandatorily carried in Regional reference Standard Laboratory (RRSL’s),
currently, 8 labs in India set up by the government. Private Laboratories are not
authorised/recognised for the purposes of testing of models under the Legal metrology
Laws.
b) Model Approval based on existing approval from laboratory outside India:- Proviso 2 of
the Sec23 provides that the prescribed authority may if he is satisfied that the model of any
weight or measure which has been approved in a country outside India conforms to the
standards established by or under this Act, approve such model without any test or after
such test as he may deem fit. Practically, getting the model approval on the basis of the
existing approval from a laboratory outside India.
3. Model approval for Indian W&M instruments
In India, as per section 22 of the Act, every weight and measure items must comply with
standards set by the Indian Legal Metrology Department. The power of approving a model of
weight and measure instruments is vested in the department of Legal metrology governed
by the Central Government under the aegis of the Ministry of Consumer Affairs, Food and
Public Distribution located in Delhi.
Every manufacturer must get model approval done before manufacturing any weight or
measure instrument/device/item. Besides that, the application of model approval a
manufacturer must attach necessary documents and a certain amount of fees prescribed
under the Act.
A sample of each model is sent for testing to government-owned labs. When a model is as
per legal metrology standards, thus, the Director shall grant a Model Approval Certificate in
the name of the manufacturer.
For the purposes of model approval government has set up total 8 laboratories in India,
which have been given task of testing the models whether the said model is as per the
Indian Legal metrology Standards.
Legal Metrology (Packaged Commodities)
Applications for registration of manufacturers/ packers/ importers under Rule 27 of the
Legal Metrology (Packaged Commodities) Rules, 2011
According to Rule 27 of the Legal Metrology Packaged Commodities Rules, 2011 every
person, firm, Hindu undivided family, society, company, or corporation involved in pre-
packaging or importing of any commodity for sale and distribution or delivery should make
an application along with fee to the Director or Controller for the registration of his or its
name or complete address.
An application made under Rule 27 of the Legal Metrology Packaged Commodities Rules,
2011 to the Director or the Controller for all pre-packed commodities which are meant for
end customers. Under the above-mentioned rule, every packer/manufacturer / importer of
the pre-packed commodity rules does require Packer Registration.
Under Rule 6 of PCR, 2011it is the responsibility of every packer to make mandatory
declarations prescribed under the PCR. Normally when you import the pre-packed
commodity, you must have to ensure that the packaging of the imported commodity must
be in compliance with the PCR, 2011 under the Legal Metrology Act, 2009. The power of
granting packer registration is vested with the state government as well as the central
government.
An application for registration should be made within 90 days from the date of
commencement shall begin.
The license is valid from between one year to five years, and renewal of the license shall be
filed within three months from the date of expiry. Under Section 45 of the Legal Metrology
Act, 2009
However, it is pertinent to note that if you are willing to sell your pre-packed commodities in
more than one state then you have to mandatorily go for packer registration by the central
government. It is commonly known as an LMPC certificate as well.
What products are covered by the Legal Metrology Packed Commodity Registration?
An application made under Rule 27 of the Legal Metrology Packaged Commodities Rules, 2011 to the Director or the Controller for all pre-packed commodities which are meant for end customers. Under the above-mentioned rule, every packer / manufacturer / importer of the pre-packed commodity rules does require Packer Registration.
Under Rule 6 of PCR, 2011 is the responsibility of every packer to make mandatory declarations prescribed under the PCR. Normally when you import the pre-packed commodity, you must have to ensure that the packaging of the imported commodity must be in compliance with tPCR, 2011 under the Legal Metrology Act, 2009. The power of granting packer registration is vested with the state government as well as the central government.
However, it is pertinent to note that if you are willing to sell your pre-packed commodities in more than one state then you must mandatorily go for packer registration by the central government. It is commonly known as an LMPC certificate as well.
Any importer that imports any pre-packed commodities commodity to distribute or sell, then he needs to apply for the packer / manufacturer registration under rule27 of the Legal Metrology Packaged Commodities Rules, 2011.
What will happen if you do not adhere to the Legal Metrology Registration?
Registration of manufacturers, packers, and importers with the State Controller of Legal Metrology or the Director of Legal Metrology is compulsory. Violation of which will lead to a fine of Rs. 4000. If standard units are not used for the declaration, there will be a fine of Rs.2000/- or 4000/- depending on the case.
Section 38 Penalties may increase up to Rs.25,000/- for the first offense of non- declaration, Rs.50,000/- for second and can extend up to Rs.100,000 or imprisonment, or both for subsequent offenses. There are many other penalties listed under the act for various violations.
If Date of commencement of pre-packing/import is more than 90 days ago which is a violation of 27/32.You have to deposit late fee of Rs. 5000/-(per Director + one company). Demand Draft should be payable in favour of "Controller, Weights & Measures, Govt. of NCT of Delhi"
In the end, the Legal Metrology Act covering packaging goods is covered by a vast number of details and is complex. It is difficult for businesses dealing with packaging goods to operate in accordance with the act.
A legal metrology consultant has vast knowledge and experience. With the involvement in a wide number of cases, a consultant can help you with compliance and advice you through complex matters.
Legal METROLOGY: FAQ
Ans: Means that part Metrology which treats units of weighment and measurement, methods weighment and measurement and weighing and measuring instruments in relation to the mandatory technical and legal requirement which have the object of ensuring public guarantee from the point of view of security and accuracy of weighment and measurement. In order to ensure uniform enforcement of laws related to matters in Legal Metrology through out the country, the Govt. has enacted : (1) The Legal Metrology Act, 2009, (2) The Legal Metrology (Packaged Commodities) Rules, 2011, (3) The Legal Metrology (General) Rules, 2011, and (4) The Meghalaya Legal Metrology (Enforcement) Rules,2011.
Ans: Yes, the Department issues licence to the manufacturer, dealer and repairer of weights &measures for dealing in weighing & measuring instruments, the licence is a must.
Ans: Every weight &measures is manufactured as per the specification and model laid down by the Govt. of India. Weight & measures used by the traders are verified & stamped by the Inspector of the Legal Metrology Department, after due verification, with a seal for ensuring the integrity of the stamp of Inspector and quarter in which it is verified.
Ans: Controller of Legal Metrology Department is the competent authority to grant the licence. Application for licence should be submitted to the Inspector of Legal metrology who will inspect the firm and forward the same to Controller of Legal Metrology with recommendation for consideration.
Ans: Any person or a firm, which pre-packs any commodity whether in a bottle, tin, wrapper or otherwise in units suitable for sale, is a Packer. Packers need to get themselves registered with this Department.
Ans: Any commodity which, is placed in a package without the purchaser being present, of whatever nature, whether sealed or not, so that the product contained therein has a pre- determined quantity is a pre-packed commodity.
Ans: Means all the operations which are necessary for the purpose of determining the value of errors of a weight or measures and if necessary Verification and stamping of the capacity of the Vehicle Tank or its compartment or any equipment is called Calibration to determine the other Metrological properties of such weight or measures, also includes the actual fixing of the position of a gauge marks or scale marks may also be carried out with a view to permitting the use of weight or measures as a standard.
Ans: No, weights or measure shall be sold or offered, exposed or possessed for sale or used or kept for use in any transaction or for protection unless it has been verified & stamped that too by a licenced manufacturer/dealer of Legal Metrology Officer.
Ans. No, Alicence issued or renewed under this Act is not saleable or otherwise transferable.
Ans: It is necessary to display every certificate of verification granted under the Act at a conspicuous place in the premises where such weights or measures are being, or intended or likely to be used in any transaction or for protection.
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