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Legal Metrology

Legal Metrology

The Legal Metrology wing of the Department of Consumer Affairs came into being in 2009 and deals with the monitoring and regulation of manufacturing, import and business of weighing and measuring instruments and devices.

At CliniExperts, we assist manufacturers and importers of weighing and measuring instruments and devices to obtain appropriate licenses and approvals for setting up their company and marketing their products. The Legal Metrology Department falls under the Department of Consumer Affairs, Food and Public Distribution Wing of the Government of India.

Providing close support, we help our clients obtain the following from the Legal Metrology Department.

Services Under Legal Metrology - License, Registration, Stamping & Verification, Model Approval and More

Registration

Registration of a company as a manufacturer, importer or packer of weighing and measuring instruments and devices needs to be done under Legal Metrology. Government Authorities have devised a systematic procedure for registration of a respective company under Legal Metrology. At CliniExperts, we protect our clients from the strenuous application procedure to help save their time and effort.

Registrations Under Legal Metrology
For all the product labels which fall under the Legal Metrology purview, the respective company needs to obtain a packaging and warehouse registration or renewal for products to be marketed in India. Warehouses where these labels are affixed on the packages also need to make a registration under Rule 27 from the respective categories of importer, manufacturer and packer. We assist importers/manufacturers and packers with new registrations as well as renewals of the existing license.

Licenses

Legal Metrology has defined specific licenses and application procedures related to weighing and measuring instruments and devices. These procedures may include manufacturing, import, marketing and repair of measuring instruments and related equipment. Rules also require a company to perform regular and periodic updates and license renewals towards the Legal Metrology department.

At CliniExperts, we help our clients in obtaining licenses and performing these periodic updates to the Legal Metrology Division without any problems and unnecessary effort.

License as a Manufacturer

Legal Metrology has defined specific licenses and application procedures related to weighing and measuring instruments and devices. These procedures may include manufacturing, import, marketing and repair of measuring instruments and related equipment. Rules also require a company to perform regular and periodic updates and license renewals towards the Legal Metrology department.

At CliniExperts, we help our clients in obtaining licenses and performing these periodic updates to the Legal Metrology Division without any problems and unnecessary effort.

Process For License As Manufacturer Under Legal Metrology

License as a Dealer

Legal Metrology has defined specific licenses and application procedures related to weighing and measuring instruments and devices. These procedures may include manufacturing, import, marketing and repair of measuring instruments and related equipment. Rules also require a company to perform regular and periodic updates and license renewals towards the Legal Metrology department.

At CliniExperts, we help our clients in obtaining licenses and performing these periodic updates to the Legal Metrology Division without any problems and unnecessary effort.

Process For License As Dealer Under Legal Metrology

License as a Repairer

A firm involved in performing repairs of weighing and measuring equipment, instrument and devices falling under the Legal Metrology purview must obtain a repairer license. The license needs to be obtained for the respective state where the company performs its services. The application for obtaining a license as a repairer can be filed using form LR-1 and obtained in form LR-3 for the same. The applicant can use form LR-2 for filing an application for the renewal of an existing Repairer License.

Process For License As Repairer Under Legal Metrology

Model Approval

Every different model of a measuring and weighing instrument falling under the Legal Metrology purview must obtain a Model Approval from the Central Legal Metrology Department. An application for the approval of a model needs to be filed along with a couple of models and their documentation and details. A grant of the certificate of approval and report by a verified and certified referral laboratory must also be submitted along with the application

Pertaining to the detailed report submitted by the referral laboratory, the Central Legal Metrology Department may grant an approval to the respective instrument/device models. Upon approval, the model of the instrument is assigned a unique code. It is then the responsibility of the manufacturer to mention this code on labels /certificates affixed upon each instrument sold by the manufacturer or importer.

CliniExperts provides diligent support to its clients in filing and obtaining a model approval for their measuring instruments from the Central Legal Metrology Department.

Model Approval Process

Stamping and Verification

According to the State Legal Metrology (Enforcement) Rules, 2010, every approved weighing and measuring instrument is required to be stamped either by the State Legal Metrology Officer or respective District Legal Metrology Inspectors. Under the Legal Metrology Act 2009, the concerned officer must test and verify an instrument to meeting the established standards. Upon verification, a stamp specifying the year and its quarter is placed on every verified instrument. Upon completion of the verification and stamping process, the concerned officer must issue a certificate of verification in accordance with Schedule VIII of the Legal Metrology Act 2009.

A report with the details of sold products must be submitted regularly in a specified format to the State Legal Metrology Department.
Our experience team at CliniExperts helps our clients with the Stamping and Verification process of their measuring equipment by the State Legal Metrology Department.

Affixing labels on the measuring instruments is necessary, and manufacturing and printing of these labels can be a difficult and time consuming task sometimes. A delay in obtaining stamping and verification certificates from the Legal Metrology Department or from local vendors can result in a decline in sales.
CliniExperts offers commendable support to its clients for manufacturing and printing their labels on time. Our collaboration with punctual label manufacturers and vendors allows us to assist you with obtaining labels on time for stamping and verification by Legal Metrology officials.


What does the term “Legal Metrology” mean?

“Legal Metrology” is a division governed under the Ministry of Consumer Affairs, Food and Public Distribution in India and is a part of the Department of Consumer Affairs. This division came into force after The Legal Metrology Act of 2009 was notified on 31st Jan 2011 and implemented with effect from 1st April 2011.

The term “metrology” is the scientific study of different kinds of measurement.

Legal metrology division pertains to all matters related to weighment and measurement of any item or commodity. It deals with the method in which the items are weighed or measured and all the approved equipment instruments for weighing and measuring.

The objective of legal metrology division is to guarantee and ensure that the public receives the goods and material (for which they have paid for or are paying) weighed and measured in a secure and accurate method.

How is the Legal Metrology Act and Rules enforced throughout the country?

The Ministry of Consumer Affairs has notified The Legal Metrology Act, 2009 and implemented it from 1st April 2011 across the country. The main objective of the Act is to establish the rules for standardization of the methods and means of weighment and measurement for consumer benefit and protection of their interest.

The government has framed and notified a set of Rules to uniformly implement the Act in throughout the country. These rules are:

(i) The Legal Metrology (Packaged Commodities) Rules, 2011

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

(iii)The Legal Metrology (Numeration) Rules, 2010

(iv) The Legal Metrology (General) Rules, 2011

(v) The Legal Metrology (National Standards) Rules, 2011

(vi) The Indian Institute of Legal Metrology Rules, 2011

(vii)The Legal Metrology (Government Approved Test Centre) Rules,2013

The enactment and implement of the Act and the Rules are under the purview of both Central and State Governments. The policy decisions, framing and implementation of uniform laws of weights and measures, setting up laboratories to test and train staff etc. are under the aegis of the Central Government. The State Government is concerned with the day – to – day implementation of the objectives of the Act and its accompanying Rules.

What is a pre-packaged commodity?

The term “pre-packaged commodity” has been clearly defined under The Act and it means:

“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”

To deal with pre-packaged commodities (where the purchaser is not able to ascertain the product due to lack of any kind of information or declaration) The Legal Metrology (Packaged Commodities) Rules, 2011has been instituted to ensure necessary information is declared on the packs.

What do you mean by sale?

A sale is considered to have been transacted when there is a complete transfer of property or goods (which can be weighed, counted or measured) between a buyer and a seller at a defined price. This sale may be constituted through payment of cash or through any banking means acceptable to both parties.

If it is only mortgage or hypothecation or even pledging of goods or property, then that does not constitute a sell. The reason is the lack of complete transfer of property at a price.

How the term “transaction” been defined in The LegalMetrology Act?

According to The Legal Metrology Act, 2009; the term “transaction” has been defined as:

  1. any contract, whether for sale, purchase, exchange or any other purpose, or
  2. any assessment of royalty, toll, duty or other dues, or

iii. the assessment of any work done, wages due or services rendered;

What is the definition of the term “protection” in The Legal Metrology Act?

The term “protection” refers to the reading obtained from any weight or measure for the purpose of utilizing it to determine the set of actions to “safeguard the well-being of any human being or animal, or to protect any commodity, vegetation or thing, whetherindividually or collectively”.

Why should we do a re-verification?

There is a validity period of different weights and measures which can range from 12 months to 5 years. The process of re-verification is a meant to refresh the verification of the weights and measures at the end of their validity period to ensure and maintain the accuracy of the weights and measure and permit them to be used.

What do you mean by a label?

The Act defines “Label” as “any written, marked, stamped, printed or graphicmatter affixed to, or appearing upon any pre-packaged commodity”.

What constitutes net quantity of any item or commodity?

The net quantity of any commodity or product which is contained in a package, constitutes the actual weight, measure or number of the said commodity after excluding the weight or measure of theprimary or secondary packaging or even the protective wrappers.

For example: If we consider a bottle of Kissan Tomato sauce, the label of the bottle states Net Wt. 250 ml. This is the net quantity of the actual consumable product and does not include the weight of the product including the bottle, its plastic cap and the weight of the label stuck on the bottle, or the quantity that can be actually filled in the bottle.

What is principal display panel?

In any packaged item, there is an available surface area on the pack which can be utilized to print and communicate various information to the consumers. The Act states that the pack must contain 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”. This information must be printed on the principal display panel. The Principal Display Panel Area should be minimum 40% for the other size packages.

The information should be grouped in an order and printed at the same place in all the packs. This pre-printed information can be grouped in terms of ingredients, contents, manufacturer and marketer names etc. for the ease of communication to consumers. The matter on the principal display panel should be legible and should including manufacturing date and best before or expiry dates to protect the interest of the buyers and consumers.

Who is a retail dealer?

A “dealer” defined with relation to any weight or measure, is a person who, transacts in the form of purchase or sales with any supplier or consumer directly based on a measured quantity or weight. The transaction involves upfront payment of cash or through deferred payment or in the form of a commission as a percentage of the sales value. A legal definition of dealer can be found here.

Who is an institutional consumer?

“Institutional consumer” refers to the institution which buys the packaged commodity directly from the manufacturer/ importer or wholesale dealer. The commodity is purchased for the use within the institution and is not used for any further commercial purpose or trade with another party.

The packages bought by institutions explicitly declare’not for retail sale’.

Who is an industrial consumer?

The term “Industrial consumer” refers to the consumer who buys the packaged commodity directly from the manufacturer/ importer or wholesale dealer solely for the use of that industry.

The packages bought by industrial consumers explicitly declare ’not for retail sale’.

What is retail sale price?

The retail sale price is the maximum price at which the commodity can be sold in its original packaged form by the retailer to the end consumer and it is inclusive of all taxes, commissions, freight charges etc.

It is mandatory to mention the maximum retail price on the primary packaging of the commodity.

For example: The MRP is mentioned on the package of Lay’s wafers packet and not on the carton which carries 10 – 50 such packets.

What are the commodities where 'when packed' declaration is allowed?

 

There are certain commodities which might undergo significant variation in their weight or measure due to environmental factors or conditions that might lead to some depletion or alternation of their state. Such commodities qualify for “when packed” declaration. The commodities include all kinds of soaps, lotions, cream (other than cream of milk) and camphor.

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