Q 1. What is Legal Metrology?
“Legal Metrology” is a new name of Weights and Measures.It is defined as follows.
“Legal Metrology” means that part of metrology which treats units of weighment and measurement, methods of weighment and measurement and weighing and measuring instruments, in relation to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of the weighments and measurements.
Q 2. What is a Pre-packaged commodity?
“Pre-packaged commodity” means 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.
Q 3. How the transaction has been defined in the Legal Metrology Act?
Any contract, whether for sale, purchase, exchange or any other purpose, or Any assessment of royalty, toll, duty, or other dues, or The assessment of any work done, wages due or service rendered.
Q 4. What do you mean by sale?
Sale means transfer of property in any weight, measure or other goods by one person to another for cash or for deferred payment or for any other valuable consideration and includes a transfer of any weight, measure or other goods on the hire-purchase system or any other system of payment by installments, but does not include a mortgage or hypothecation of, or a charge or pledge on, such weight, measure or other goods.
Q 5. What do you mean by protection in Legal Metrology?
Protection means the utilization of reading obtained from any weight or measure, for the purpose of determining any step which is required to be taken to safeguard the well-being of any human being or animal, or to protect any commodity, vegetation or thing, whether individually or collectively.
Q 6. What do you mean by Label?
Label means any written, marked, stamped, printed, or graphic matter affixed to, or appearing upon any pre-packaged commodity.
Q 7. What is Net quantity?
Net quantity in relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package, excluding the packaging or wrappers.
Q 8. What is Principal display panel?
In relation to a package means the total surface area of package where the information required under these rules are to be given in the following manner:
(i) All the information could be grouped together and given at one place; or
(ii) The pre-printed information could be grouped together and given in one place and on-line information grouped together in another place.
Q 9. What is Retail dealer?
Retail dealer in relation to any commodity in packaged form means a dealer who directly sells such packages to the consumer and includes, in relation to packages as are sold directly to the consumer, a wholesale dealer who makes such direct sale to the consumer.
Q 10. What is Retail sale price?
Retail sale price means the maximum price at which the commodity in packaged form may be sold to the ultimate consumer and the price shall be printed on the package in the form of Maximum retail price.
Q 11. What do you mean by an Institutional consumer?
Institutional consumer means the institution which buys packaged commodities bearing a declaration ‘not for retail sale’ directly from the manufacturer or from an importer or from whole sale dealer for use by that institution and not for commercial or trade purposes.
Q 12. What do you mean by an Industrial consumer?
Industrial consumer means the consumer who buys packaged commodities directly from the manufacturer or from an importer or from whole sale dealer for use by that industry and the package shall have declaration ‘not for retail sale’.
Q 13. What do you mean by Stamp?
Stamp means a mark, made by impressing,casting,engraving,etching,branding, affixing pre-stressed paper seal or any other process in relation to, any weight or measure with a view to-
(i) Certifying that such weight or measure conforms to the standard specified by or under this Act, or
(ii) Indicating that any mark which was previously made thereon certifying that such weight or measure conforms to the standards specified by or under this Act, has been obliterated.
Q 14. What do you mean by Seal?
Seal means a device or process by which a stamp is made, and includes any wire or other accessory which is used for ensuring the integrity of any stamp.
Q 15. What do you mean by Verification?
Verification in relation to any weight or measure means the process of comparing, checking, testing or adjusting such weight or measure with a view to ensuring that such weight or measure conforms to the standards established by or under this Act and also includes re-verification and calibration.
Q 16. What do you mean by E-commerce?
E-commerce means buying and selling of goods and services including digital products over digital and electronic network.
Q 17. How can a consumer ensure that the weights and measures used is standard or not?
Every weight and measure used by the trader/user is stamped by the Legal Metrology Department. After verification and stamping, a certificate is issued to the user which is required to be displayed at conspicuous place by the trader/user.
Q 18. Is it necessary to display the certificate of verification?
It is necessary to display every certificate of verification granted under the Act at a conspicuous place in the premises where such weights or measures are being, or intended or likely to be used in any transaction or for protection.
Q 19. Is the license for manufacturers/repairers/dealers of any weights and measures compulsory under the Legal Metrology Act, 2009?
Yes, no person shall make, manufacture, repair, sell any weight or measure unless he holds a valid license.
Q 20. What are the instances where verification and stamping is not necessary under the Legal Metrology Act 2009?
The provisions of this Act, in so far as they relate to verification and stamping of weights and measures, shall not apply to any weight or measure, –
(i) Used in any factory exclusively engaged in the manufacture of any arms, ammunition, or both, for the use of the Armed Forces of the Union,
(ii) Used for scientific investigation or for research,
(iii) Manufactured exclusively for export
Q 21. Whether the offences committed under the Packaged Commodities Rules is compoundable or not?
Yes, all the offences committed under the Packaged Commodities Rules are compoundable.
Q 22. Whatdo you mean byRe-verification?
Re-verification is a verification of weight and measure at certain intervals to ensure and maintain the accuracy of weight and measure.
Q 23. What are the commodities where “when packed” declaration is allowed?
All kinds of soaps, lotions, cream and camphor.
Q 24. Whether the Packaged Commodities Rules are applicable to imported packages?
Yes. the Rules are applicable both to imported packages as well as the indigenous packages.
Q 25. Whether reasonability of the price declared on the package is ensured by the Govt. or not?
In general, the manufacturer has freedom to declare the retail sale price on the package except as and when fixed under Essential Commodities Act,1955 or any other law in force that empowers the Government to regulate prices.The Govt.does not go into the reasonability of the price so declared.
Q 26. What are the mandatory declarations required to be given on pre-packaged commodities?
(i) Name and complete address of the manufacturer/packer/importer,
(ii) The name of the country of originor manufacture or assembly in case of imported package,
(iii) Common or generic name of the commodity contained in the package,
(iv) Net quantity, in terms of standard unit of weight or measure or in number,
(v) Month and year of manufacture/pack/import,
(vi) If the commodity may become unfit for human consumption after a period of time, specify the “best before or use by the date, month and year”,
(vii) Retail sale price of the package (inclusive of all taxes),
(viii) Unit Sale Price,
(ix) Where the sizes of the commodity contained in the package are relevant, the dimensions of the commodity contained in the package,
(x) Customer care number and e-mail id,
(xi) If the commodity is genetically modified food, the words “GM”
Q 27. Whether the declarations required under the Rules be applicable to all packaged commodities?
No, only on the packaged commodities containing quantity upto 25 kg or 25 l, the mandatory declarations are needed. For cement, fertilizer and agriculture farm produce sold in bags upto 50 kg, the mandatory declarations are applicable.
Q 28. How the declarations be appeared on the package?
The Rules provide that all the information required under the Rules either printed on the package itself or on a label affixed thereto.
Q 29. Whether sticker can be affixed on the package to provide information required under the Rules?
No, giving individual information by affixing individual sticker is prohibited.However affixing individual stickeris not prohibited for declaring reduced MRP provided that the MRP declaration made by the manufacturer shall not covered.
Q 30. Whether giving additional information is considered violation under the Packaged Commodities Rules?
Giving any information in addition to the mandatory information required under the Rules is not considered violation.
Q 31. Whether loose commodities are covered under the PC Rules?
No, Rules covered only pre-packaged commodities.
Q 32. Whether there is provision to sell a commodity at a price lower than MRP?
Yes, a commodity may be sold at a price lower than MRP.
Q 33. The price declared on a pre-packaged commodity can be changed in due course?
No, no one can alter the price once printed.
Q 34. Whether the packaged commodities can be sold at a price higher than MRP?
No, under Rule 18(2) of the Rules, ‘No retail dealer or other person including manufacturer, packer, importer and wholesale dealer shall make any sale of any commodity in packed form at a price exceeding the retail sale price thereof.
Q 35. Whether customer care number and the e-mail id is mandatory?
Yes, both the customer care number and the e-mail id is mandatory.
Q 36. Whether the left-over space of the Principal Display Panel may be used for other declarations?
Yes, Principal Display Panel prescribes where the mandatory declaration is to be given and does not restrict the right of the manufacturer/packer/importer to utilize the left-over space for other declarations/promotions.
Q 37. What are the mandatory declarations required to be given on whole-sale package?
(i) Name and complete address of the manufacturer/packer/importer,
(ii) The identity of the commodity contained in the package
(iii) The total number of retail package contained in such whole-sale package or the net quantity in terms of standard units of weights, measures, or number of the commodity contained in whole-sale package.
Q 38. What are the commodities not covered under the Rules?
The exemption is given for drugs, fast food items, any thread which is sold to handloom weavers and packaged commodities sold in packages upto 10 g or 10 ml.
Q 39. Whether the registration of manufacturers, packers, and importers is mandatory?
Yes, every person who pre-packs or imports any commodity shall take a one-time registration.
Q 40. How a consumer can ensure the correct delivery of LPG Gas Cylinder?
Every consumer has a right to ask the gas supplier to show the weight of the gas cylinder. For this purpose, every delivery vehicle shall maintain a verified and stamped non-automatic weighing instrument of Accuracy class III, Max: 50 kg.
Q 41. How a consumer can ensure the proper delivery of petrol/diesel fuel dispenser?
To ensure the proper delivery of the petrol/diesel,through fuel dispensers, the retail dealer of the pump shall keep a verified 5 l/10 l capacity measure in his premises.In case of any doubt, the consumer can ask the dealer to show the quantity using this measure.