Compliance Guide: Navigating the Legal Metrology Act, 2009 for Businesses in India

The Legal Metrology Act, 2009 (“Act”) was established to enforce standards for weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith. The Act came into force on 01st March, 2011, and has effectively overridden / replaced the previous applicable laws on weights and measures.

Considering the scope and applicability of the Act, the businesses ought to keep into consideration their compliance with the Act so as to avoid any form of legal consequences arising out of its non-compliance.

Rules Set Under Legal Metrology Act, 2009

In order to ensure uniform enforcement of laws related to matters in Legal Metrology throughout the country, the government of India has enacted the following Rules within the Legal Metrology Act.

1. Legal Metrology (General) Rules, 2011
2. Legal Metrology (Packaged Commodities) Rules, 2011
3. Legal Metrology Numeration Rules 2011
4. Legal Metrology (Approval of Models) Rules, 2011
5. Legal Metrology (Government Approved test Centre) Rules, 2013
6. Indian Institute of Legal Metrology Rules, 2011

 Applicability of the Act

1. If Entity is Engaged in Manufacturing, Packing, or Importing of Packaged Commodities:

The rule that is applicable is Legal Metrology (Packaged Commodity) Rules, 2011

Under the Legal Metrology Packaged Commodities Rules, pre-packaged commodity’ is defined as, ‘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’.

1. Who is a Manufacturer?

Anyone who manufactures a packaged commodity or causes to be put, any mark on any packaged commodity, not manufactured by him, and where the mark claims the commodity in the package to be a commodity manufactured by such person or firm.

1. Who is an Importer?

Any person or firm which carries on the business of bringing into India from a place outside India.

1. Who is a Packer?

Any person or a firm, which pre-packs any commodity whether in any bottle, tin, wrapper or otherwise in units suitable for sale, whether retail or wholesale is a Packer.

2. If Entity is Engaged in Manufacturing, Buying/selling, Repairing, or importing of Weighing & Measurement Equipment:

The rule that is applicable is Legal Metrology (Model Approval) Rules, 2011

Under The Legal Metrology (Approval of Models) Rules Manufacturers/Importers of Weighing and Measuring equipment, which are prescribed under the Legal Metrology Act, 2009 and rules made there under, are required to take approval of the Government of India before manufacturing/import in India.

1. Who is a Manufacturer?

Anyone who manufactures or assembles a weight or measure or causes to be put, any mark on a weight or measure, not manufactured by him, and where the mark claims that the weight or measure manufactured by such person or firm.

1. Who is an Importer?

Any person or firm which carries on the business of bringing into India from a place outside India.

1. Who is a Dealer?

Anyone involved in the buying, selling, supplying or distributing of weights and measures directly or indirectly including a manufacturer, importer who is involved in the buying, selling, supplying or distributing of weights and measures to anyone other than a dealer.

Major Compliances under the Act

1. Approvals: Any person intending to manufacture or import any weight or measure needs to register with the concerned Director and also, obtain an approval of the model of weight or measure from its competent authority at least one (1) month prior to such manufacturing / importing of products.
2. Licensing Requirements: Every manufacturer, repairer or dealer of weights and measures needs to obtain a license from the respective Controller of Legal Metrology. For the purpose of the same, an application under Rule 11(1) of the Legal Metrology (General) Rules, 2011 is required to be filed with the Controller, which may vary as per the nature of the person:
   1. Manufacturer- Form LM-1
   2. Repairer- Form LR-1
   3. Dealer- Form LD-1.

1. Registration by manufacturer, packer or importer of commodities: Every manufacturer, packer or importer of commodities who pre-packs or imports any commodity for sale, distribution, or delivery is required to obtain a registration under the Legal Metrology (Packed Commodities) Rules, 2011.
2. Mandatory Declarations: The Act mandates declarations to be made on every package or pre-packaged commodities intended commercial purpose in India, which includes:
   1. Name and address of the manufacturer or packer or importer;
   2. Country of origin;
   3. Common or generic name of the commodity;
   4. Net quantity of the commodities;
   5. Retail sale price of the commodity, i.e., MRP (including all taxes);
   6. Month and year of manufacture, packing or import, along with expiry date, month and year of commodity;
   7. Size / dimension of the commodity when relevant.

1. Verification and Stamping: Every person using / intending to use any weight or measure or measuring instrument is required to verify the weight or measure instrument prior to the use from the Controller, at the government approved test center as notified by the Central or State Government.

How Can MBG Help

At MBG, we offer a comprehensive program to assist services relating to the Legal Metrology Act, 2009, which includes:

1. Providing advisory services on weights and measures, declarations and particulars mentioned on pre-packaged commodities;
2. Obtaining Company Registration on the Legal Metrology Portal;
3. Preparation of the relevant documents for filing of application of registration and license as a manufacturer, importer, packer or dealer under the applicable rules;
4. Procurement of registration certificate of Manufacturers, Importers and Packers from the Controller of Legal Metrology;
5. Procurement of Manufacturer, dealer and repair license from the Controller of Legal Metrology;
6. Obtaining approvals of weights and measures model before manufacturing or importing of any weight or measure;
7. Verification, stamping and labelling of weights or measures at the government approved test centers;
8. Maintaining records and registers as required under the Act.