corporate law

Legal Metrology Compliance: Key Insights from Recent Show Cause Notices

Introduction

The Department of Legal Metrology has issued 63 show cause notices to manufacturers and importers of weighing and measuring instruments. This move aims to ensure compliance with legal requirements and protect consumer interests.

Details of Show Cause Notices

The notices target manufacturers, importers, and sellers on e-commerce platforms, requesting information on:

  • Approval of models (as per Section 22)
  • Manufacturing or importer licenses (Section 23)
  • Verification of weighing scales (Section 24)

It has come to light that some manufacturers and importers are engaging in unauthorized sales of products such as Person Weighing Machines and Kitchen Scales on e-commerce platforms, contravening the provisions of the Legal Metrology Act. These actions not only compromise consumer service but also result in revenue losses for the government.

Compliance Requirements

To protect consumer interests, manufacturers and importers are required to adhere to the following:

  1. Model Approval: Obtain necessary approvals for weighing and measuring instruments as mandated by Section 22.
  2. Licensing and Registration: Secure a manufacturing license (Section 23) or importer registration (Section 19).
  3. Verification and Stamping: Ensure that weighing and measuring instruments are verified and stamped in compliance with Section 24.

In addition, all product declarations on pre-packaged and e-commerce platforms must comply with Rule 6 of the Legal Metrology (Packaged Commodities) Rules, 2011.

Importance of Compliance

Acquiring model approval, necessary licenses, and adherence to verification requirements is essential not only for regulatory compliance but also for fostering transparent trade and commerce regarding weights, measures, and related goods. Moreover, mandatory declarations on products enable consumers to make well-informed purchasing decisions.

Record Keeping Obligations

Manufacturers and importers must maintain detailed records, including:

  • The quantity of weighing and measuring instruments and their parts manufactured or imported.
  • The number of units sold or distributed.
  • Verification fees paid to the government.

Legal Consequences

Failure to comply with the provisions of the Legal Metrology Act may result in legal repercussions under:

  • Section 32: Failure to obtain model approval.
  • Section 45: Manufacturing weights and measures without a license.
  • Section 38: Non-registration as an importer of a weight or measure.
  • Section 33: Use of unverified weights or measures.
  • Section 36: Selling non-standard packages.

Violations may result in fines, imprisonment, or both.

Conclusion

The issuance of these show cause notices underscores the need for strict compliance with the Legal Metrology Act. Manufacturers and importers must take proactive steps to align their practices with legal requirements to ensure consumer protection and uphold market integrity.