Key points of Legal Metrology Act & Rules
Packer of Pre-Packaged Commodity
Any person or a firm, who pre-packs any commodity whether in a bottle, tin, wrapper or otherwise in units suitable for sale, is a Packer.
Manufacturer of Pre-Packaged Commodity
Manufacturer means a person who or a firm which produces, makes or manufactures 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
Base units of weights and measures & numeration:
Section 5 of the LM Act mandates that every unit of weight or measure shall be in accordance with Metric System based on the International System of Units.[1] The base units of weights and measures are as follows[2]:
- length shall be the metre
- mass shall be the kilogram
- time shall be the second
- electric current shall be the ampere
- thermodynamic temperature shall be the kelvin
- luminous intensity shall be the candela
- amount of substance shall be the mole
Further, the LM Act provides that the base unit of numeration shall be the unit of International form, which is the stand unit of numeration. Further, every numeration shall be made in accordance with the decimal system. The decimal multiples and sub-multiples of the numerals shall be of such denominations and be written in such manner as may be prescribed. [3]
Declarations to be made
Rule 6 of the PC Rules requires that all pre-packaged commodities have to bear certain declarations and particulars, and no person shall manufacture, pack, sell, distribute, offer, expose or possess for sale any pre-packaged commodity without such declarations. Any pre-packaged commodity that is sold, manufactured without the declarations will invite penalties under the Act.
Therefore, all packages shall be affixed with a label that is legible and prominent, and such label shall contain the following declarations:
- Name and complete address of the manufacturer. If the manufacturer is not the packer, then the name and address of manufacturer and packer are to be mentioned. Also, the name and address of the importer shall be mentioned for imported packages;
- The common or generic name of all commodities or products contained in the package;
- The net quantity of the commodity in the package or the number of commodities in the packaged commodity;
- The month and year of manufacture or pre-packing or import of the packaged commodity;
- The retail sale price;
- The dimensions of the commodities;
- Name, address, telephone number, e-mail address of the Contact person in case of consumer complaints.
Wholesale packages (Rule 24)
All wholesale packages have to bear a legible, definite, plain and conspicuous declaration as to:
- The name and address of the manufacturer or importer. If manufacturer or importer is not the packer, then the name and address of the packer;
- The identity of the commodity contained in the package; and
- The total number of retail package or the net quantity of the commodity contained in the wholesale package.
Commodities exempted under the PC Rules (Rules 3 and 26)
The provisions of Chapter II of the PC Rules do not apply to the following kind of packages:
- Packaged commodities meant for industrial consumers or institutional consumers. Institutional consumer means consumers like transportation, Airways, Railways, Hotels, Hospitals or any other service institutions who buy packaged commodities directly from the manufacturer for use by that institution. Industrial consumer means the industrial consumer who buy packaged commodities directly from manufacturer for use by that industry;
- Packages of commodities containing quantity of more than 25 kilograms or 25 litres;
- The net weight or measure of the commodity is 10 grams or 10 millilitre or less, if sold by weight or measure;
- Any package containing fast food items packed by restaurant or hotel and the like;
- It contains scheduled formulations and non-scheduled formulations covered under the Drugs (Price Control) Order, 2013 made under section 3 of the Essential Commodities Act, 1955; and
- Agricultural produce in packages above 50 kilograms.
Director Nomination
Section 49 of the LM Act provides that a director may be nominated in respect of a Company who will be held responsible when the Company commits an offence under the Act. Such nomination is made by filing requisite form along with the Board Resolution for appointment of such Director and the consent letter of such Director, to the Director of Legal Metrology or concerned Controller of Legal Metrology.
It is advisable to nominate a director because if no such director has been nominated, then all directors who, at the time at which the offence was committed, were in charge of and were responsible to the Company, shall be held guilty of the offence and shall be liable to be proceeded against and punished under law.[4]
Registration of manufacturers, packagers and importers
Rule 27 of the PC Rules provides that every individual, firm, Hindu undivided family, society, company or corporation which pre-packs or imports any commodity for sale, distribution or delivery any commodity is mandatorily required to obtain registration of their name and complete address by making an application along with requisite fees to the Director of Legal Metrology or the Controller of Legal Metrology for registration of its name and complete address.
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[1] Section 4 of the Act
[2] Section 5 of the Act
[3] Section 6 and 7 of the Act
[4] Section 49 of the Act