Legal Metrology - Overview

The legal Metrology Act, 2009 is responsible for establishing and enforcing standards of weights and measures, regulating the trade and commerce in weights, measurements and other goods which are sold or distributed by the medium of weight, measure or numbers. This Act is applicable for whole of the country. The Registration under the Act may be called as Legal Metrology Registration or Legal Metrology Packaged Commodity (LMPC) License.

Any dealer of the commodities, measured by weight, measurement and number is required to get himself registered under the Legal Metrology Act. The business as specified under the law includes buying, selling, supplying or distributing the commodities by any such weight or measure, either in cash or for deferred payment or for commission, remuneration or other valuable consideration. The business may be conducted by a commission agent, an importer, a manufacturer and includes selling, supplying, distributing or otherwise delivery of any weight or measure.

The Act of legal Metrology applies on every pre-packaged commodity. The international units of measurement shall be followed which indicates the following base units:

(i) length - metre;

(ii) mass - kilogram;

(iii) time - second;

(iv) electric current - ampere;

(v) thermodynamic temperature - kelvin;

(vi) luminous intensity - candela; and

(vii) amount of substance - mole.

Prohibitions under the Legal Metrology Act:

A person shall not manufacture, repair or sell, or offer for repair or sale, of any weight or measure unless he/she holds a valid LMPC Certificate as issued by the Authority.

Provided that a manufacturer shall not require any Legal Metrology licence to repair his own weight or measure in a State other than the State of manufacture of the same.

Legal Metrology Standards in India are defined and implemented by the government of India, Department of Consumer Affairs under the Ministry of Consumer Affairs, Food & Public distribution. While the Legal Metrology Act, 2009, presented under central jurisdiction, has been established as a model Act. Each individual State in India has the right to implement the Act with or without adjustments. Moreover,  a couple of states have approved their own Act to manage the issues and matters identified with Legal metrology.

Benefits of LMPC Certificate under the Legal Metrology Act

Measurement plays a crucial role in day to day trade practices. The demand for effective trade is that it should be  transparent and must create a balance between the traders and consumers. Some of the noted benefits of LMPC certificate can be listed as below:

1. Reduction in Transaction Costs

Use of poor measurement practices often proves to be a costly and time-consuming affair. The negative effect is on both- the businesses as well as the consumers. In the matters of poor measurement practices, the cost may be very high in terms of long court cases and legal battles. It will also hamper the goodwill and stability of the business. But when measurements are done accurately and correctly, following all the norms of the Legal Metrology Act, it results in a reduction in cost and time.

2. Supporting Trade

Legal Metrology Act is responsible for controlling any unlawful and unfair trade practices. This Act aims to make sure that measuring instruments are intact and in a good working condition so that they can serve their intended purpose and meet international standards.

3. Collecting Government Revenue

The government collects its revenue through excise duties imposed on products produced, sold, imported and exported and via taxes levied on measurement. Legal Metrology Act ensures that no injustice is done to both the government and business in the payment of tax. The margin created by a proportion of mass items can be a huge segment of both export and national pay, especially in items, for example, timber, rice, coffee, palm oil, coal, iron-mineral, gold, jewels and natural gas.

4. Reduces Technical Barriers To Trade

Legal Metrology Act reduces the burden of technical barriers and promotes confidence and clarity of measurement. Fewer number of barriers increases the nation's morale and encourage them to participate in the global trading system, increasing the national economic growth. With the help of the Legal Metrology Act, a trader can avoid useless barriers in the process of adoption, application of technical regulations, standards and conformity assessment procedures.

5. Build Consumer’s Trust

As soon as the customer realizes they are receiving a product verified under certain rules and regulations, it will boost up their trust in the businessman, ultimately leading to a healthy trading relationship.

Importer Registration under Legal Metrology (General) Rules, 2011:

Import means to bring into India any product from outside India, and the person who carries out import is called an importer. There is a provision of mandatory registration for an importer of weighing and measuring instruments under Legal Metrology (General) Rules, 2011. The application must be submitted to the Director or Controller of the central Metrology Department, New Delhi.

Mandatory Information:

• Manufacturer, Importer, and Packer Information
• The name and address of the producing, packaging, or importing organisation must be listed on packaged goods
• If the production and packaging companies' names and addresses are different, they must be declared separately. This rule does not apply to food products because they are protected by the Food Safety and Security Act
• The product being offered is under a generic name
• List the highest possible retail price (including all taxes)
• The packaging must include the date of manufacturing, packaging, or import as well as the month and year
• On the product, the date of expiry should be listed along with the month and year
• Additionally, the window of time during which the product is most effective can be indicated
• Commodity quantity, ingredient(s), customer service or helpline for consumer complaints must be provided without fail.

Legal Provisions

Section 19 of the Act

If a person is not registered with the Concerned Authority and does not possess a current LMPC Certification, they are not authorised to import any weights or measurements.

Section 38

Any person who engages in the activity of importing any weight or measure without first registering under the Act would be subject to a fine that can reach ₹ 25000 for a second or subsequent offence, as well as a term of imprisonment that can last up to six months.

Important Guidelines for LMPC Certification

Here are some guidelines that traders have to follow for the registration during the import/export of goods. Guidelines cover measuring of weight under Section 47 of the Standing of Weights and Measures Act, 1976.

• Application for the underlying registration shall be made along with a fee of Rs. 100/ - in the favour of "Pay and Accounts official" D/o Consumer Affairs, New Delhi.
• General Rules under the LMPC Act defines the list of items for weight OR measure, and registration shall be done only for those items.
• In case of incomplete application, the Controller of Legal Metrology shall return the same within seven days of receiving the application.
• If the application is complete in every respect, then the Controller shall grant the LMPC certificate to the applicant within ten days of receiving the application.

Documents Needed for Compliance & Advisory

In order to Register the following documents are mandatory

• Copy of the main display panel's picture or website wireframes for the eCommerce, size, main display panel's letter, and packaging material
• Proof of the starting date (INC-20A, Trade Licence)
• A trade licence or other comparable approval by the local body that has jurisdiction over your establishment
• Proof of the production or packaging facility's residential address
• Certified copy of your sales tax or GST registration
• Company's memorandum of Association
• Deed of Partnership for Partnership Firms
• Passport-sized photos of all the owners, partners, and directors
• A duplicate of the main display panel's image
• Name and full address of the applying business
• Name and location of the packaging and production plant, including GST
• The package's weight in grammes
• Whether you want to (Yes/No) export the product.

Legal Metrology - Procedure

• Step 1: Application to LM : We gather all the data and create the application
• Step 2: The Zonal officer will review the application for any problems or objections and provide insights
• Step 3: Inspection of Premises - If the application is properly filed, the inspector will arrive at the predetermined time
• Step 4: Recommendation - Inspector offers the suggestion in accordance with the premises' compliance
• Step 5: Acceptance or rejection - The zonal officer submits the thorough report to the assistant controller
• Step 6: Compliance with LM Act and Rules - Products and facilities' packaging, weights, and measurements must adhere to the aforementioned Act and Rules.
• Step 7: Replying to any regulatory action - Imply the regulatory changes being announced or hinted at.

To learn more about the procedure, you can also sign up for a legal consultation with one of our knowledgeable consultants.

You can trace the application using the process given below:

• Visit the state government's legal metrology portal
• Select the tracking link that is located above the page
• The applicant will be directed to the tracking page, where they must provide details such department information
• The acknowledgment number must then be given as the following step
• The applicant's final step is to complete the right captcha that is provided on the page and click the submit button after supplying all of the previously mentioned information
• The applicant will receive a tracking report for the licence renewal once all of the aforementioned stages have been completed.

Why Does a Business Need Legal Metrology Act Registration?

The Legal Metrology Act sets specific laws and regulations pertaining to the marketing and distribution of packaged goods. Additionally, this Act lays forth the procedures to adhere to while importing and exporting pre-packaged commodities. Establishing a system to protect consumer and buyer rights is necessary for the effective and smooth operation of your business, and in order to do so, you must abide by the Act that outlines the legal metrology and measurement system.

There is a potential that you could be subject to severe fines and punishment if you don't adhere to the standards outlined in the legal metrology and measurement system. Your company's growth could be hampered and your brand's reputation could suffer.

Who Needs to Register?

• Case 1: Registration for importing, producing, and packaging packaged goods Every importer, producer, and packer of packaged goods is required to register in accordance with Rule 27 of the Legal Metrology (Packed and Commodities) Rules, 2011. The registration can be made with the State's Controller of Legal Metrology or the Director of Legal Metrology of the Central Government, depending on where the pressing or importation is finished. No matter where the registration is done, the following terms are applicable nationwide.
• Case 2: Registering imported weights and dimensions

Why Barrister Babu?

Barrister Babu has a dedicated team of Regulatory and compliance professionals who can help to provide end to end service for obtaining Licenses. We have a team of expert and experienced professionals to ensure that our clients get top-line services regardless of lengthy compliance procedures. We provide on-time delivery of government licensing and Registration. Facilitate comprehensive support throughout the Registration process and licensing process.