A subfield of law known as “Legal Metrology” is concerned with weights and measures. The Legal Metrology Act, 2009 was passed by the Ministries of Consumer Affairs, Food, and Public Distribution in India, and it governs this area of the law. The Standard of Measures and Weights (Enforcement) Act of 1985 and the Standards of Weights and Measurements Act of 1976 were repealed by this legislation. According to Section 2(g) in the Act, “Legal Metrology” refers to the area of metrology that deals with measuring and weighting units, methods, and instruments in connection with the necessary legal and technical requirements with the goal of ensuring public assurance regarding the security and precision of the measurements and weights.
The purpose of the Act is to ensure public safety and legality of a proprietor’s goods and services, as well as to establish standards for measurements and weights in trade and commerce. Packaged goods are subject to the Regulation of Legal Metrology (such as packaging Commodities) Rules, 2011, which outline the necessary disclosures to include in a packaged good that is meant for sale as well as the manner in which they must be made.
Legal Metrology laws regarding package labeling
- All pre-packaged goods ought to have labels that include the following declarations:
- The manufacturer, packer, or LMPC certificate for importer’s with name and address.
- Name of the commodity or goods in the package, either common or generic.
- Net quantity of the commodities in the packaging measured in the standard unit.
- the commodity’s or commodities’ retail sale price.
- The commodity’s dimensions, if any, should be considered.
Only if the packaging were the consumer’s possession—which is not feasible in this instance—would these declarations be apparent. The government has amended the legal Metrology Packet Labeling laws, and any entity covered by these laws is required to abide by the rules set forth for them. They will also be held accountable for any checks and investigations carried out by the relevant authorities to verify that the rules are being followed.
Certificate of Legal Metrology for Weights and Measures
Measurements are a necessary component of daily living. For instance, we purchase vegetables and fruits by weight and fill our automobiles with petrol based on volume. The term “legal metrology” describes how measurements and measuring devices are subject to legal obligations. All people and organizations that produce, import, or package weight and measure the instruments are required to hold a Legal Metrology Certificate.
What does the law on packaging and labeling for metrology mean?
Legal Metrology Laws governing packaging, labeling, and sales in a specific nation or area are collectively referred to as packaging and labeling laws. By giving customers access to correct information about the goods, such as its quality, quantity, and safety, these rules seek to safeguard them.
- Laws governing legal metrology package labeling.
- The labels of the pre-packaged goods must include the following declaration.
- Address and name of packer, manufacturer or LMPC certificate for importer’s.
- Common or generic name on the product or products’ packaging.
- The net quality of the goods on the package measured in standard units.
- Commodities or commodities are important, regardless of the commodity’s dimensions.
An LMPC certificate for importer, manufacturer, or packer must have a declaration in accordance with rule 6 sub-rule 4A, as detailed below.
- E-code provides net quality assurance.
- GTIN, QR Code, Barcode.
- logo of a government program for which usage has been approved by the government.
- The quantity display size of MRP for tiny packs is doubled.
- The MRP is dual.
- The MRP size would increase by a factor of 1.5 for larger packs.
Required labeling that must be included on cosmetic products for LMPC certificate for importer’s.
The packaging and labeling of cosmetic items are subject to numerous laws and regulations, such as the 2020 Drug and Cosmetics Rules. The Drugs and Cosmetics Act, BIS’s ECO labeling standards, and BIS’s ECO labeling standards.
- The 2011 Lawful Metrology Rules and the 2009 Lawful Metrology Act (packaged commodities).
- Cosmetics packaging and labeling regulations.
- BIS’s ECO labeling guidelines.
- The 1940 Drugs and Cosmetics Act and Regulations 2020.
Exemptions granted by the legal metrology packaging and labeling law.
- The products that are excluded are listed below in a variety of categories.
- Any pre-packaged goods that are developed or manufactured to be exported or sold to duty-free retailers.
- Textile products that are pre-packaged are not subject to the Act.
- Except in cases where they are offered for sale to customers, prepackaged goods and replacement components for vehicles, appliances, and other durable consumer goods are exempt from some regulations.
- The goods that are made or manufactured specifically for use by artists are.
- Tools and surfaces.
- Hues used in printing, dyeing, and painting.
- Colors and glazes for ceramics and enameling.
- A labeling policy’s primary goal is to stop food vendors from purposefully deceiving consumers by using inaccurate information on a package.
- The labeling’s primary goal.
The Act’s objectives
Establishing and enforcing standards of measurements and weights is the primary goal of the Act of Legal Metrology, which is 2009, which went into effect on March 1, 2011. Control trade and business involving weight, measures, and other products that are supplied or sold according to weight, measure, or number.
Measurement and weight standardization
Standardization of weights and measures is outlined in the first section of the 2009 Legal Metrology Act. The primary goal is to guarantee that the weights and measures that are produced, supplied to customers, and utilized to weight or measure goods and commodities meet the required standards. It is essential to comprehend the following key definitions of the act before moving on.
Defines as an individual who, with respect to any weights or measurement
- Produces weight or measure.
- Creates one or more components, purchases additional parts of that weight or measure, and then assembles those components to create the final product, claiming that it is, if applicable, the weight or measure that it made.
- Does not produce any component of the weight or measure; instead, it assembles components that were made by others and then presents the finished product as though it was made by the maker, depending on the situation.
- Adds, or permits the addition of, his signature to any comprehensive weight measure created or produced by another party, and then represents, as applicable, that weight or measure as being created, manufactured, or produced by him.
The term “means” refers to an individual who fixes a weight or measure, which also includes adjusting, cleaning, lubricating, painting, or providing any other services necessary to ensure that the weight or measure complies with the requirements set forth under or by this Act.
The significance of legal metrology
Promoting fair commercial practices, consumer protection, and economic progress all depend heavily on legal metrology. The application of legal metrology has various advantages.
- The possibility of deceiving or overcharging the clients is eliminated because the products are accurately labeled and packaged in accordance with the legal metrology regulations.
- Companies holding a legal metrology license guarantee adherence to India’s legal metrology regulations.
- Legal metrology guarantees accurate and transparent information on labels and packaging. This lessens the number of consumer complaints and inquiries.
- Reputable and trustworthy manufacturers, sellers, and LMPC certificate for importer‘s are those who have registered in the Legal Metrology Departments.
- Consumers who do business with companies that adhere to the law develop trust because they are less likely to be duped.
Legal Metrology License Procedure and Documentation
Depending on the kind of license you are looking for and the State or UT you are applying in, a different form will be chosen when submitting your application for a legal metrology license.
Records needed to obtain a legal metrology license
- Evidence of legitimate ownership.
- Stock and sales statement.
- MCL / Lal Dora Certificate.
- Addresses and Names are listed for both skilled and unskilled workers.
- Receipt for licensing fee prescribed.
- If registered, sales tax registration number.
- List of loan items accompanied by a certificate of verification.
- A copy of the company’s constitution.
- Layout of the site.
- Both the Memorandum and the Articles of Association for limited and private companies.
- Any other documents necessary due to Legal Metrology Department.