A sneak peek into the Legal Metrology

The Crucial Role of Legal Metrology in Trade and Commerce

The term "Metrology" finds its roots in the Greek words ‘Mens’ or ‘Sententia Legis’, signifying the study of measurements. In practical terms, Legal Metrology constitutes a set of laws governing measuring instruments in trade and commerce, with a direct impact on packaged commodities and involving manufacturers, packers, and importers.

Operated under the Department of Consumer Affairs, Food, and Public Distribution, Legal Metrology oversees policies related to consumer cooperatives, price monitoring, and essential commodity availability. The foundation of the Legal Metrology Act, 2009, replaced earlier acts viz., The Standards of Weights and Measures Act, 1976, and The Standard Weights and Measures Act, 1985, showcasing its evolution over the years.

Globally introduced in 1955, legal metrology aims to safeguard public safety and eliminate trade barriers.

In India, the Government has enacted various legislations to regulate legal metrology:

• The Legal Metrology Act, 2009

• The Legal Metrology (Packaged Commodities) Rules, 2011

• The Legal Metrology (General) Rules, 2011

• The Legal Metrology (Approval of Models) Rules, 2011

• The Legal Metrology (National Standards) Rules, 2011

• The Legal Metrology (Numeration) Rules, 2011

• The Indian Institute of Legal Metrology Rules, 2011

Ensuring Product Quality and Safety

In the realm of responsible business practices, prioritizing product quality and safety is imperative. Unfortunately, instances reveal some businesses overlooking these aspects, leading to harm to society and the environment. The Department of Legal Metrology classifies exceptions for specific products, guiding manufacturers, importers, and packers in their production and packaging processes.

The Department of Consumer Affairs and the Bureau of Indian Standards (BIS) play a crucial role, ensuring that every weight and measure adheres to government specifications and Inspectors from the Legal Metrology Department verify and stamp weights and measures used by traders, upholding public health and safety.

Legal Metrology addresses weights, measurements, and instruments to meet legal and technical requirements. Its core objective is to prevent public health and human safety issues arising from negligence in product labelling, inferior product quality, or harmful ingredients. Legal Metrology empowers consumers by providing a channel to report concerns about products jeopardizing their well-being.

It can be said that the Legal Metrology serves as a vital framework, regulating trade and commerce while acting as a safeguard for public health and safety. Adherence to its principles ensures businesses contribute positively to society, upholding the highest standards in product quality and safety.

History

The Legal Metrology Act of 2009 replaced earlier acts due to the development in the product categories and other shortcomings, introducing the necessity for approval from the Government Approval Test Centre (GATC) for manufacturers, packers, and importers. Legal Metrology's primary goal is to regulate laws and guidelines related to measurements and instruments, ensuring fair trade and consumer protection.

Legal Metrology distinguishes between weighable and non-weighable products. Weighable products involve measurements such as products that can measure fall in the category of weighable and measured commodities like a water meter, thermometer, etc, while non-weighable commodities include items like laptops, clothes and all others that are not utilised for measurements per se. The categorization aligns with international standards, impacting product imports and ensuring compliance with the Bureau of Indian Standards Act.

Internationally, the International Organization of Legal Metrology (OIML) was established in 1955 to ensure public and environmental safety and promote barrier-free trade practices. OIML publications are integral, guiding technical work and setting the agenda for international legal metrology standards.

The Flag Bearers of the Legal Metrology Requirements: Manufacturers | Importers I Packers

The Legal Metrology Act applies to individuals involved in any translation or industrial production using weights or measures. This includes manufacturers, retailers, wholesalers, dealers, repairers, importers, and packers.

Different licenses are required for weighable and non-weighable products, ensuring adherence to Indian metrological norms and compliance with Legal Metrology Act guidelines. The Act emphasizes the need for manufacturers, packers, and importers to register within 90 days of the first transaction to avoid penalties and legal consequences. Some of the common licenses under the legal metrology framework for weighable and measurable commodities are-

• Model Approval Certificate - a certificate that the importer and manufacturer have to obtain for authorizing the weighable and measurable items. This certificate implies that the product complies with Indian metrological norms.

• Packaged Commodity Registration License - Any person, business, enterprise, or organization engaged in the import, production, or packaging of pre-packaged goods in India is required to comply with this requirement.

• Importer License – This certifies that the goods have been packaged by a third party prior to being made available for purchase.

Some other type of licenses required under legal metrology are stated below and the same are required to be renewed / amended from time to time-

• License to the Manufacturer of Weights & Measures

• License to the Dealer of Weights & Measures

• License to the Repairer of Weights & Measures

• Registration of Manufacturer/ Packer of Packaged Commodities

Legal Metrology Notice & Proceedings

On account of a wider jurisdiction granted to the Legal Metrology Officers, a notice issued by the Legal Metrology department becomes the nightmare for the business to comply with due to lack of presence in the region from where the proceedings are initiated. With the advancement and innovative ways to sale through online marketplace, the Authorities now a days have dedicated officials who keep a close eye on the e-commerce platforms and often issue notice if a non-compliance in the product labelling is noticed.

Manufacturers, packers, and importers often overlook Legal Metrology rules, leading to legal notices and penalties. Non-compliance with registration guidelines within 90 days of the first transaction can result in penalties and prosecution under sections 25 to 49 of the Legal Metrology Act, 2009.

The Act mandates keeping certifications and details up-to-date. Importers must calculate the Maximum Retail Price (MRP) with inclusive taxes, ensuring accurate labelling on packages. Failure to adhere to these guidelines can result in penalties, emphasizing the importance of meticulous compliance.

Various licenses issued by the Legal Metrology Department, including renewal processes, are essential for businesses dealing with weights and measures.

Our role as a Legal Metrology Expert

Proper registration with the Legal Metrology department is compulsory at both national and international levels depending upon the size of the market served. Our team of experts specialize in navigating the provisions of legal metrology laws both at domestic as well as international level. Compliance ensures protection from legal implications, builds trust with consumers, and facilitates business success.

Our experts having catered to various industries including automobile, retail, FMCG, electronics, wearables, beauty care, manufacturers, etc, with experience of handling legal metrology proceedings on PAN India level across all major departments, expedite issue resolution, ensuring businesses meet legal metrology requirements and objectives effectively.

Disclaimer. This article constitutes a part of the Firm's internal resource materials and is made accessible on the Firm's website with the intention of offering knowledge and awareness to its employees and clients. The opinions and information provided in this article are not legally binding on any governing authority, and there is no guarantee that the authorities will not adopt a position contrary to the views expressed herein. The article takes into account the prevailing legal metrology provisions as of its publication date, and any decision to update this article following changes in the law is at the sole discretion of the Firm. Any party other than those explicitly mentioned above should seek prior written advice from the Firm or the article's author before relying on the content for the purpose of making any commercial decisions.

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