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Legal Metrology (WEIGHTS & MEASURES)

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The Legal Metrology (Packaged Commodities)

Department of Consumer Affairs

The Legal Metrology (Packaged Commodities) Rules, 2011:

‘pre-packaged commodity’ is defined under the Act as, ‘a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity’.

Under the Legal Metrology (Packaged Commodities) Rules, 2011, the importer of a pre-packaged commodity should be registered under Rule 27. The registration will be done by the Director or controller of Legal Metrology of the State.

Wherever the requirements of labeling are given in FSSA (Food Safety & standards Act 2006) in respect of food items, the labeling requirements under FSSA shall prevail over labeling requirements of Legal Metrology. Important sections of legal metrology Act 2009. Every unit of weight or measure shall be in accordance with the metric system based on the international system of units.

Legal Metrology: Packaged Commodities (WEIGHTS & MEASURES) 1

The base unit of –
(i) Length shall be the meter;
(ii) Mass shall be the kilogram;
(iii) Time shall be the second;
(iv) Electric current shall be the ampere;
(v) Thermodynamic temperature shall be the Kelvin;
(vi) The luminous intensity shall be the candela; and
(vii) Amount of substance shall be the mole.

Important Extract from Legal Metrology (Packaged Commodities) Rules, 2011 (MRP Declaration)

“retail package” means the packages which are intended for retail sale to the ultimate consumer for the purpose of consumption of the commodity contained therein and includes the imported packages- Provided that for the purposes of this clause, the expression ‘ultimate consumer’ shall not include industrial or institutional consumers
Declarations to be made on Every Package- The name and address of the manufacturer, or where the manufacturer is not the packer, the name and address of the manufacturer and packer and for any imported package the name and address of the importer shall be mentioned on every package.
The common or generic names of the commodity contained in the package and in case of packages more than one product, the name and number of quantity of each product shall be mentioned on package.
The net quantity, in terms of the standard unit of light or measure, of the commodity contained in package or where the commodity is packed or by number, the number of the commodity contained in the package shall be mentioned.
The month and year in which the commodity is manufactured or pre-packed or imported shall be mentioned in the package.
Provided that for packages containing food articles, provisions of the Prevention of Food Adulteration Act 1954 (37 of 1954) and the rules made there under shall apply;
Provided further that nothing in this sub-clause shall apply in case of packages containing seeds which be labeled and certified under the provisions of the seeds Act 1966 (54 of 1966) and the rules made there under;
Provided that a manufacturer may indicate the month and year using a rubber stamp without overwriting.
Provided also that for packages containing cosmetic products, the provisions of the Drugs and Cosmetics Rules, 1945 shall apply.
The retail sale price of the package; Provided that for packages containing alcoholic averages or spirituous liquor, the State Excise Laws and the rules made thereunder shall be applicable within the state in which it is manufactured and where the state excise laws and rules made thereunder do not provide for declaration of the retail sale price, the provisions of these Rules shall apply.
Where the sizes of the commodity contained in a package are relevant, the dimensions of the commodity contained in the package and if the dimensions of the different pieces are different, the dimensions of each such different piece shall be mentioned

Labeling Rules

The followings are the mandatory declarations required on a packet which have been imported and available for sale:

Name and Address of the Importer OR packer OR Manufacturer.
The common and generic names of the commodities.
Net quantity in terms of Standard Unit of weight or measure.
Month and Year of Packing/importing.
Maximum Retail Price MRP Rs ..………. (Inclusive of All Taxes).
Contact no./ email of the manufacturer/packer/importer.
The declaration may be printed on a label securely affixed to the package or on a package itself.
The declaration shall be printed in Hindi or in English.

The following words or expression which tends to create an exaggerated, misleading or inadequate impression as to the quantity of the commodity contained in the package like minimum, not less than, average, about, approximately or other words of similar nature.

Wherever the requirements of labelling are given in FSSAI(Food Safety and Standards Authority of India ACT) in respect of food items, the labelling requirements under FSSA shall prevail over labelling requirements of Legal Metrology.

- Mechanical Sphygmomanometers
- Automated Sphygmomanometers
- Length Measure (Non-flexible)-metalic
- Length Measure (Non-flexible)-wooden
- Fabric/Plastic Tape Measures
- Steel Tape Measures
- Surveying Chains
- Tapes for measuring oil quantities
- Iron weights, Parallelopiped
- Iron Weights, Hexagonal
- Cylindrical knob type weights
- Bullion weights
- Sheet metal weights
- Carat weights
- Weights for testing high capacity Machines
- Clinical Thermometer-solid stem type
- Clinical Thermometer-enclosed scale type
- Clinical Electrical Thermometer with maximum device
- Non-automatic weighing machines (Digital- Tabletop type)
- Non-automatic weighing machines (Mechanical-Tabletop type)
- Beam Scales (Class A & B)
- Beam Scales (Class C & D)
- Counter Scales
- Smartwatch – to deduce temperature, blood pressure, heart rate, steps, humidity and many other such measurable factors need to obtain their License as a Dealer from the State Legal Metrology Department respective to the state where their business is located and operational.
- Non-contact thermometers: These thermometers are held 3 to 15 cm away from the patient and typically measure temperature on the forehead or temple. Infrared thermometers can check the human temperature by sensing infrared energy radiated by the body.
Rules and Provisions for Infrared thermometers in India
- The provisions of section 19, 22, 23 of the Legal Metrology Act, 2009 and the provisions of Rule 27 of the Legal Metrology (Packaged Commodities) Rules, 2011 are applicable to Infrared (Electrical) thermometers.
- Due to urgency of surveillance of each and every individual and to trace COVID-19 infected patients, government requested custom authorities to release all the consignments of Infrared thermometers. The pivotal condition is that the importers need to follow and comply with the Legal Metrology Act & Rules within 3 months of the clearance by the custom.
- All the importers are also informed that in case they are non-compliant to the specifications or requirements of the Legal Metrology Act, 2009 & the Rules laid under it or if the infrared models failed quality testing need to withdraw all the products of infrared thermometers from the market at their own cost. The importers will also face action as per provisions under the said act and rules in case of such undesired scenarios.
This move of the Ministry of Consumer Affairs, Government of India for rapid release of infrared thermometers in the market will help in faster screening of the population of the country. Increased availability of non-contact infrared thermometers is expected to help the health care workers and the officials involved in screening a higher number of people and detect infected cases of COVID-19 patients faster and thereby curb the spreading of infection.

Reference:
1. Non-Contact Thermometers for Detecting Fever: A Review of Clinical Effectiveness. Available at: https://www.ncbi.nlm.nih.gov/books/NBK263237/
  .Accessed on: 19 th April, 2020.
2. NOC.I-9/20/2020-W&M Section. Government of India. Ministry of Consumer Affairs, Food and Public Distribution. Department of Consumer Affairs. Weights and Measures Unit. Dated 7 th April,2020.

FAQ

The Weights and Measures Registration is granted by Legal Metrology office after successful safety testing of the product as per notified Indian Standard and furnishing of necessary documents.

Required Documents

Required Document List for Legal Metrology is divided into the following steps:

1) Complete address of the premises at which pre-packing or import
of items made
2) Certificate of Verification of Weight and Measure intend to use for
packaging purpose
3) Partnership Deed in case of partnership firm
4) CST certificate Xerox
5) IEC code
6) Declaration to be certified by the applicant(s)
7) Name of the commodity or commodities pre-packed or imported
by the applicant.

Costing and Timeline

Costing

For a customized and attractive quotation, please contact us with your product details

Timeline

15-30 days

This duration can be reduced if all the required information and documents are submitted promptly by the applicant.

Validity and Renewal

BIS Registration is valid for 2 years which can be renewed subsequently. Few documents and fees will be needed to get a renewal. Testing of sample is not required for it again.

What are the requirements while purchasing the IMPORTED Items?

The followings are the mandatory declarations required on a packet which have been imported and available for sale:

Name and Address of the Importer OR packer OR Manufacturer.
ii. The common and generic names of the commodities.
iii. Net quantity in terms of Standard Unit of weight or measure.
iv. Month and Year of Packing/importing.
v. Maximum Retail Price MRP Rs ..………. (Inclusive of All Taxes).
vi. Contact no./ email of the manufacturer/packer/importer.
vii. Declaration may be printed on a Label securely affixed to the package or on a package itself.
viii. Declaration shall be printed in Hindi or in English.

Registration Process

1) Every individual/firm/company who pre-packs or imports of any commodity for sale, distribution or delivery shall make an application to the Inspector of Labour/ Deputy Controller of Legal Metrology for registration.
2) Such an application can be made

(i)in case of an applicant pre-packing or importing any commodity on the date of commencement of these rules, within a period of 90 days from such amendment;
(ii) in case of any applicant who or which commences
pre-packing or importing of any commodity within ninety days from the date on which he or it commences such pre-packing.
3) The application shall be accompanied by a fee of Rs.500/- treasury challan for the Registration of his or its name and complete address;
4) On receipt of the application, the Inspector of Labour/ Deputy Controller of Legal Metrology shall, after noting thereon the date of receipt of the application, grant an acknowledgement to the applicant.
5) The Inspector of Labour/ Deputy Controller of Legal Metrology shall make such enquiry as he considers necessary to satisfy himself about the eligibility of the applicant for a Registration and forward the same to the Controller of Legal Metrology.
6) If the application is complete in all respects, The
Registering officer/the Controller of Legal Metrology, Tamil Nadu grants a Registration Certificate.
7) In case the application is not complete in all respects, the Controller of Legal Metrology will return the same within a period of 7 working days from the date of receipt of the application.

Guidelines for Importer and Trader

The following words or expression which tends to create an exaggerated, misleading or inadequate impression as to the quantity of the commodity contained in the package like minimum, not less than, average, about, approximately or other words of similar nature.

The followings are the mandatory declarations required on a packet which have been imported and available for sale:

i. Name and Address of the Importer OR packer OR Manufacturer.
ii. The common and generic names of the commodities.
iii. Net quantity in terms of Standard Unit of weight or measure.
iv. Month and Year of Packing/importing.
v. Maximum Retail Price MRP Rs ..………. (Inclusive of All Taxes).
vi. Contact no./ email of the manufacturer/packer/importer.
vii. The declaration may be printed on a label securely affixed to the package or on a package itself.
viii. The declaration shall be printed in Hindi or in English.

Exempted Products List

The following are the items on which the PCR, 2011are not applicable:-

1. Any raw material for the use of Industrial purpose only.
2. Any part or material used in any Workshop, Service Station repairing bicycle, tricycle and Motorcycle.
3. Fast food items packed by Restaurant/hotel and the like.
4. Drugs/Medicines covered under Drug Control Order 1955. Scheduled and Non Scheduled formulation covered under the Drugs (Price Control) Order, 1995 made under Section 3 of the Essential Commodities Act, 1955 (10 of 1955).
5. Agricultural form products in packages of above 50 Kg.

The provisions of this Act, in so far as they relate to verification and stamping of weights and measures, shall not apply to any weight or measure,-
(a) Used in any factory exclusively engaged in the manufacture of any arms, ammunition or both, for the use of the Armed Forces of the Union;
(b) Used for scientific investigation or for research:
(c) Manufactured exclusively for export.

Important Extract from Legal Metrology (Packaged Commodities) Rules, 2011 (MRP Declaration)

Which Packaged Goods are covered under the rules?

The basic provisions are applicable to all packaged goods. However, certain provisions apply to some goods only. For example, chapter 2 of the Act applies to packaged goods meant for retail sale. This chapter is not applicable to goods meant for institutional and industrial use directly from the manufacturer such as a company buying biscuits in bulk to distribute among employees. Commodities that are more than 25kg or liters in weight (50 for fertilizers & cement) are exempt from retail laws. Many provisions that apply or do not apply to different types of packaged goods as specified under the law.

Declaration of Name and Address of the Manufacturer, etc.

1) Subject to the provisions of rule 6, every package kept, offered or exposed for sale or sold shall bear conspicuously on it, the name and complete address of the manufacturer, or where the manufacturer is not the packer, the name and address of the manufacturer and the packer and in case of imported packages, the name and address of the importer:
Provided that for packages of capacity 5 cubic cm or less, it shall be a sufficient compliance of this sub- rule, if a mark or inscription which would enable the consumer to identify the manufacturer or packer or the importer, as the case may be, is made on the package:
Provided further that where any commodity manufactured outside India is packed in India, the package shall also contain on the principal display panel the name and complete address of the packer or the importer in India.
Explanation – In this sub-rule, ‘complete address’ means, the postal address at which the factory is situated, and in any other case, the name of the street, number (if any) assigned to the premises of the manufacturer or packer and either the name of the city and State where the business is carried on by the manufacturer or packer or the Postal Index Number [PIN] Code so that a consumer can identify and locate the manufacturer or packer or importer, as the case may be.
(2) The name of the manufacturer or packer or importer shall be the actual corporate name, or if not incorporated, the name under which the business is conducted by such manufacturer or packer or importer in India.

Declarations Applicable to be made on Every Wholesale package

Every wholesale package shall bear thereon a legible, definite, plain and conspicuous declaration as to —
(a) The name and address of the manufacturer or importer or where the manufacturer or importer is not the packer, of the packer;
(b) The identity of the commodity contained in the package; and
(c) The total number of retail package contained in such wholesale package or the net quantity in terms of standard units of weights, measures or number of the commodity contained in wholesale package;
Provided that nothing in this rule shall apply in relation to a wholesale package if a declaration similar to the declarations specified in this rule, is required to be made on such wholesale packages by or under any other law for the time being in force.

WHO REALLY NEEDS A REGISTRATION?

According to the notification of The Legal Metrology(Packaged Commodity) Rules, 2011, published on 7th March 2011 : “Every individual, firm, Hindu undivided family, society, company or corporation who or which pre-packs or imports any commodity for sale, distribution or delivery shall make an application, accompanied by a fee of rupees five hundred, to the Director or the
Controller for the registration of his or its name and complete address;”

The Act requires the importer/manufacturer of such pre-packaged products to file an application within 90 days of commencement of the packaging procedure.

Hence, if you are a sole proprietorship firm, or a company looking to sell pre-packaged products in the market, you must obtain a proper registration document from the Legal Metrology Department of the Ministry of Consumer Affairs.

Restrictions on Sale of Export Packages in India

An export package shall not be sold in India unless the manufacturer or packer has re-packed or relabelled the commodity in accordance with the provisions contained in Chapter II, and where any export package is sold in India without such re-packing or re-labelling, such package shall be liable to be seized in accordance with the provisions of the Act.