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LEGAL METROLOGY
The Legal Metrology Organisation, functions as a wing of Department of Consumer Affairs at central government level and deals with the monitoring and regulation of manufacturing, import, sale, purchase and use of weights or measures and regulation of Packaged Commodities.
It is mandatory for the manufacturers, importers, dealers, repairers and users of weights or measures and devices to obtain appropriate licenses, registrations and certificates for setting up their company and marketing their products and for use of weights and measures.It is mandatory for all persons dealing in packaged commodities to observe the rules made in that behalf. The Legal Metrology Department falls under the administrative control of Department of Food,civil Supplies and Consumer Protection department Government of Maharashtra.
REGISTRATION AS IMPORTER OF WEIGHTS AND MEASURES
Registration of a company as importer of weights & measures and weighing and measuring instruments and devices needs to be done under Legal Metrology Act. Government Authorities have devised a systematic procedure for registration of a respective company under Legal Metrology Law.
REGISTRATION AS A MANUFACTURER AND PACKER
A company indulged in manufacturing, or packaging the packaged commodities needs to register itself using the Legal Metrology Organisation online portal. Different states and UT’s of India have their own respective online portals for the same. For states where the online registration is not available, the company needs to file an application offline for proper registration.
REGISTRATION OF IMPORTER OF PACKAGED COMMODITY
An importer of packaged commodities trying to do business in the Indian market needs to register itself to obtain the Certificate of Registration of Importer of packaged commodities . The application for registration is filed under Rule 27 of packaged commodities rules 2011 and obtained under that rule.
REGISTRATION OF MANUFACTURER, IMPORTER AND PACKER (PACKAGING UNITS AND WAREHOUSES)
The Department of Consumer Affairs has formulated strict rules and guidelines for the labelling of packaged commodities. All the labels of packages marketed in India must be compliant with the Legal Metrology (Packaged Commodities) Rules 2011 and subsequently amended rules. The parameters of compliance for these rules are updated regularly in accordance with the changes in Legal Metrology rules and Regulations.
For all the product labels which fall under the Legal Metrology purview, the respective company needs to obtain a packer 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.
MANDATORY DECLARATIONS ETC. ON PACKAGED COMMODITIES
The label of packaged commodities plays very important role in view of manufacturers and packers of packaged commodities. A small mistake in lable may cause a very heavy penalty to a manufacturer or packer. The label should be designed in such way that all requirements of packaged commodities rules are fulfilled.Affixing the labels on the packaged commodities as prescribed by packaged commodities rules is necessary. It is mandatory for every manufacturer/packer/marketer/retail dealer to ensure that the package bears following mandatory declarations on the display panel of a package:-
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Name and address of manufacturer/packer/importer
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country of origin
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Common or generic name of commodity contained in package
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Net quantity in standard units
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Retail sale price of the package in the form prescribed by rule 6(1)(e)
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Month & year of manufacturing/packing or date of packing wherever applicable.
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Name, address, telephone number and e-mail id of the person or of the office who/which can be contacted in case of consumer complaints. If address of customer care and manufacturing/packing premises is the same then there should be specific mention on the package to that effect.
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Registration as a manufacturer, packer or importer, as the case may be, is mandatory.
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Net quantity in packages should not be less than declared quantity subject to tolerances specified by rules.
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Every retail dealer of commodities in packaged form which are sold by weight or volume and who is covered under VAT(Now GST) or TOT must keep a weighing machine in his premises.
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Violation of above provisions is an offence punishable under section 36 of the act.
LICENSES
Legal Metrology Organisation has defined specific licenses and application procedures related to weighing and measuring instruments and devices. These procedures may include manufacturing, selling 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.
LICENSE AS A MANUFACTURER
Legal Metrology Organisation has defined specific licenses and application procedures related to weighing and measuring instruments and devices. No person is permitted to manufacture a weight or measure unless he obtains a licence under the act.These procedures may include manufacturing, selling 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.
LICENSE AS A DEALER
Legal Mmeasuring instruments and devices. No person is permitted to carry out business of sale-purchase of weight or measure unless he holdetrology Department has defined specific licenses and application procedures related to weighing ands a licence .These procedures may include manufacturing, selling 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.
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.
OBLIGATIONS AND FUNCTIONS OF REPAIRER
In respect of weight or measure "Repairer" means the person who :-
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Cleans
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Adjusts
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Calibrates
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Lubricates
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Paints
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Provides any other service to a weight or measure so that the weight or measure conforms to the standards established by law.
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After repair and before returning to the user, the repairer has to present the weight or measure to the LMO for verification.
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.
VERIFICATION AND STAMPING
"Verification" includes,
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Comparing
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Checking
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Testing
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Adjusting
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Re-verification
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Calibration
According to the legal provisions of Maharashtra Legal Metrology (Enforcement) Rules, 2011, every user of weight or measure, is required to get his weight or measure verified/re-verified and stamped from office of respective Legal Metrology Officer before putting in use. The fees for such verification should be paid in advance through GRAS system of Government of Maharashtra through Licensed repairer or directly.The user should make an application for verification and should present the weight or measure for verification to concerned Legal Metrology Officer through a Licensed repairer or directly, giving details of his weights and measures. The LCR number of user, GRN Number & date/Scroll number & date of the challan should be mentioned in the application.Copy of challan and last verification certificate should be attached with the application.The weights and measures should be presented in clean condition. Necessary levelling arrangement,sealing arrangement and required technical/ non-technical manpower should be arranged by the user/repairer as the case may be. Necessary standard verified weights as prescribed by rules shall be arranged by the user/repairer for verification of weighing instruments. For verification at users premises the user shall bear all expenses incurred by Legal Metrology Officer in addition to verification fees. The legal metrology officer verifies and tests the weight or measure to check whether it conforms to the standards established by law. Upon verification, if the weight or measre is found to be conforming to the standards established law, a stamp/seal specifying the year and its quarter is marked on every verified weight and measure. Provision for stamping /sealing shall be made by the user/repairer.Upon completion of the verification and stamping process, the concerned officer issues a certificate of verification in accordance with Schedule IX of the Maharashtra Legal Metrology(enforcement) rules 2011. Use of weights or measures without intial verification or periodical re-verification is a punishable offence and may lead to the seizure of weights or measures and prosecution of the user.
PERIODICAL RETURNS
Every manufacturer/Repairer/Dealer is required to maintain prescribed registers and records with the details of manufactured/ sold/ repaired weight or measure and also to submit quarterly reports to the State Legal Metrology Department in prescribed format.
DO'S AND DONT'S FOR USERS OF WEIGHTS AND MEASURES AND TRADERS OF PACKAGED COMMODITIES
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Use the weights and measures in clean condition and in proper lighting arrangement so that consumer can observe the weighing process.
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Put the weight or measure in use only if its initial verification/Re-verification and stamping has been done by Legal Metrology office.
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Get the weight or measure re-verified and stamped before expiry of its validity. Stop use if validity is expired.
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Keep a verified and stamped standard weights of 1/10 th of capacity of weighing instruments at the site where weighing instruments are used.Check your weighing instrument everyday and intimate to the LMO if it is found incorrect and stop its use.
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Display the verification certificate at conspicuous place where weight or measure is used.
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Keep a verified and stamped measure of 5L or 10L at the site where dispensing pumps are used. Check the delivery of the dispensers everyday and if found delivering short stop the use and intimate to the LMO.
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Do not use the weighing and measuring instruments for weighments or measurements below its minimum capacity.
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Do not use weight or measure after repair without re-verification and stamping.
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Do not use weight or measure after its validity is expired.
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Do not break the seal without permission of LMO or do not temper with the stamp on weight or measure which is made under the act.
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Do not dismantle the in-situ verified and stamped weight or measure and do not move it from its original site without intimating to LMO.
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Do not manufacture/ distribute /sale or keep for sale or offer for sale any packaged commodity unless it conforms to the provisions of Legal Metrology Act 2009 and rules made thereunder.
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Do not violate any provisions of packaged commodities rules 2011.
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Do not use non-standard unit (feet,pound,inch etc.) of weight and measure in any document (use standard units only) otherwise you may be prosecuted for offence u/s 11/29 of the act.