Customs Authorities are getting stricter regarding the implementation of Legal Metrology laws on businesses in India. No person can import any weight or measure, unless he obtains an importer certificate under section 19 of Legal Metrology Act, 2009. The purpose of these certifications is to provide a level playing field to some or all the manufacturers/importers/packers.
Applicability of Legal Metrology (Packaged Commodities) Rules, 2011
The Legal Metrology (Packaged Commodities) Rules, 2011 applies to every Packer/Manufacturer/Importer of pre-packaged commodities. They shall obtain a certificate under these rules.
The above provisions do not apply in the following cases where:
- The packages of commodities containing quantity of more than 25 kg or 25 litre.
- The packaged commodities meant for industrial consumers or Institutional consumers.
- Cement and fertilizers sold in bags above 50 Kg.
The power to grant registration is with both the State Government and Central Government. In case the applicant is willing to sell the pre-packed commodity in a single state then he can apply to the state government for the certificate. However, if the applicant is willing to sell the pre-packaged commodity in more than one state than he shall apply for the registration to the Central Government.
An application under Rule 27 of Legal Metrology (Packaged Commodities) Rules, 2011 is required to be made by every manufacturer, packer or importer of pre-packed commodity. The registration must be applied within 90 days from the date of commencement of import.
- Manufacturer in the context of any commodity in packaged form, means a person who or a firm which produces, makes or manufacturers such commodity and includes a person or firm which puts, or causes to be put, any mark on any packaged commodity, not produced, made or manufactured by him or it, and the mark claims the commodity in the package to be a commodity produced, made or manufactured by such person or firm as the case may be.
- Packer means a person who, or a firm which pre-packs any commodity, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale whether wholesale or retail.
- Pre-packaged commodity 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.
Declarations to be made on Package
Every packaged commodity shall bear thereon or a label securely affixed thereto, containing a definite, plain and conspicuous declaration. Certain declarations that are required to be made on every package are as follows:
- Name and address of the manufacturer, or where manufacturer and packer are different, the name and address of the manufacturer and packer or in case of imported goods the name and address of the importer is required to be mentioned.
- Common or generic name of the commodity.
- Net quantity of the product contained in the package.
- The month and year in which the commodity is manufactured or pre-packed or imported.
- The Maximum Retail Price (MRP) of the product.
- Where the size of the commodity is relevant, the dimensions of the commodity shall be mentioned.
- The name, address, telephone no., Email Address (if available), of a person who can be or the office that can be, contacted, in case of consumer complaints.
Certificate of Importers
No person shall import any weight or measure unless he has obtained a registration with the Director of Legal Metrology under Section 19.
The importer shall ensure that the package of the commodity bear thereon all the mandatory declarations such as country of origin, name and address of the manufacturer, name and address of the importer, etc.
Model Approval System
An application for approval of models of weights & measures and Weighing & Measuring instrument under section 22 of the Legal Metrology Act, 2009 shall be made by a person, before manufacturing or importing any weight or measure.
Provided that, the authority may, if it is satisfied that the model of any weight or measure that has been approved in a country outside India conforms to the standards established for obtaining approval under this Act, may approve such model without test or after such test as he may deem fit.
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