By Rupin Chopra and Apalka Bareja
Legal Metrology is the application of legal requirements to measurements and measuring instruments with the objective to ensure the public a guarantee from the point of view of security and accuracy of weighments and measurements. However, the laws of Legal Metrology are not merely restricted to governing weights and measurements, but also focus on consumer awareness by mandating the printing of certain compliances and mandatory declarations on the label of a package.
One such compliance is to affix labels with mandatory declarations on the packaged goods. The label means a description or signs written, printed, or marked on a packed good or container which is put for sale or being conveyed. There are certain labeling requirements to be fulfilled by the manufacturer, packer, or marketer of goods before putting that for retail sale.
Laws of Metrology or labeling requirements in Nepal are governed under different acts and rules, unlike India where the labeling and packaging requirements of goods are dealt with under one Act.
Legal Metrology Laws and Labeling Requirements in Nepal
- Standard Measurement and Weight Act, 2025 (1968) – The Act aims at maintaining and introducing the standard measurement and weights based on the metric system in Nepal and is mainly concerned with units of measurement, inspection, stamping of measurement and weight along with the authenticity of measuring devices.
- The Consumer Protection Act, 2075 (2018) – The Act, amended in 2018, provides for mandatory requirements pertaining to consumer protection in order to protect and promote the constitutional rights of the consumers to obtain quality goods and services and provides judicial remedies for the enforcements of the rights obtained by the consumers. The Act further enlists the requirements making it mandatory for producers to affix labels on the goods. The Declarations to be mentioned on the goods are as follows:[1]
- Name, address of the producer, and registration number of the industry
- Mixture, ingredient of mixture, quantity and weight of the goods (Goods being food products, medicines and cosmetics);
- In case the quality of good has been determined, the quality of such goods;
- Mode of using the goods and side effect likely to occur due to the use of such goods
- In the case of the goods supposed to be used within a certain deadline, such deadline,
- Retail price, batch number and date of manufacture of the goods;
- If it is electronic, hardware, electrical or machinery or goods to be in use for a long time, guarantee or warranty and guarantee or warranty date of such goods, and other necessary things in accordance with the law related to such goods;
- In the case of the goods that are inflammable, hazardous or likely to break down easily, details relating to precaution to be adopted for the safety of such goods;
- Maximum retail price to be incurred after including all types of taxes applicable for the goods;
- If any process is supposed to be fulfilled prior to using any goods, such process; and harm and injury likely to occur when it is used without fulfilling such process;
- Use of awareness-oriented message, picture or sign on the label of the materials of the types of causing harm upon human health.
The Act further specifies that the goods on which the label is not affixed shall not be allowed to be imported, sold and distributed in Nepal.
- The Customs Act, 2064 (2007) – The Act majorly governs the import of goods and facilitates the international trade cycle of Nepal however, it also penalties for non-compliance of requirements mentioned in the above mentioned laws.
Penalty for non-compliance of legal requirements
| Act/Rule | Non-compliance | Penalty |
| The Consumer Protection Act, 2075 (2018) | Failure to make labeling pursuant to Section 6 of the Act or mentioning false matters on the label | Imprisonment from three months to five months or fine upto fifty thousand rupees or both |
| The Customs Act, 2007 | If an exporter, importer or customs agent make declaration with under invoicing despite that the name, nature, physical features, characteristics, measurement, size and quality of goods are accurate.[2] | A fine of cent percent of the value of those goods which have been under-invoiced on the owner of such goods and collecting the chargeable duty. |
| If an exporter, importer or customs agent makes declaration falsifying the country of origin despite that the name, nature, physical features, characteristics, measurement, size, quality and quantity of goods are accurate.[3] | A fine that is equal to the duty chargeable on such goods on the owner of such goods and collecting the chargeable duty. | |
| If an exporter or customs agent declares the quantity that exceeds the actual quantity of the goods to be exported.4 | A fine that is two hundred percent of the value of goods so declared as excess and mentioning that fact in the declaration form | |
| If an exporter or customs agent make declaration falsifying all or any details out of the name, nature, physical features, characteristics, measurement, size and quality of goods.[5] | The Customs Officer may forfeit such goods and impose a fine that is equal to the amount in controversy on the owner of such goods | |
| If an importer or customs agent makes declaration falsifying the goods or the materials of which the goods are made or falsifying all or any details out of the nature, physical features, characteristics, measurement, size and quality of goods or does not make declaration of any goods.[6] | The Customs Officer may forfeit such goods by imposing a fine that is equal to the value of such goods on the owner of such goods or clear such goods by imposing a fine that is equal to two hundred percent of the value of such goods and collecting the chargeable duty. |
Conclusion
The requirements for labeling are aimed at providing quality goods and services to consumers and ensuring consumer safety while also abiding to the national standards set for labeling and packaging of goods and commodities. The labeling requirements in Nepal ensure that the standards are met with and also prescribe penalties and punishments in case of any contravention of provisions of these acts thereby ensuring active compliance of declarations and mandatory provisions for labeling and packaging of goods.
[1] Section 6 of The Consumer Protection Act, 2075 (2018)
[2] Section 57 (5) of the Customs Act, 2007.
[3] Section 57 (6) of the Customs Act, 2007.
[4] Section 57 (7) of the Customs Act, 2007.
[5] Section 57 (8) of the Customs Act, 2007.
[6] Section 57 (9) of the Customs Act, 2007.
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