Legal Metrology Notice for Non- compliance
The Legal Metrology Department established by virtue of the Legal Metrology Act, 2009 is empowered under Section 48 of the Legal Metrology Act, 2009 to compound offences punishable under the Act.
Click here to know more about the Offences and Penalties under the Legal Metrology Act, 2009.
The Legal Metrology Department issues notices to companies for non- compliance of the various provisions as enumerated under the Legal Metrology Act, 2009 and Legal Metrology (Packaging and Labelling) Rules, 2011.
Penalty for repeated offences
On receipt of such notice from the Legal Metrology Department, the company has to pay certain amount as penalty for first time offence and after the third offence, the offender may also land up in jail. Section 36(1) of the Act enumerates the penalty provisions for Non- compliance as under:
Whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale which does not conform to the declarations on the packet as provided in the Act shall be punished with fine which may extend to Rs.25,000/-, for the second offence with fine which may extend to Rs.50,000/- and for the subsequent offence with fine which shall not be less than Rs.50,000/- but which may extend to Rs.1,00,000/- or with imprisonment for a term which may extend to one year or both.
The Legal Metrology has been recently issuing notices to various companies including E-commerce companies for non- compliance. In a recent development in October 2020, the Legal Metrology Department had issued notices to several E-commerce giants in India for not displaying the Country of Origin for products listed on their portal.
Mandatory Declarations on every package
- Name and address of the manufacturer/ packer/ importer
- Country of origin in case of imported packages
- Common or generic name of the commodity contained in the package;
- Net quantity, in terms of standard unit of weight or measure or in number;
- Month and year of manufacture/ pack/ import;
- Retail sale price in the form of Maximum Retail Price (MRP) Rs….. Inclusive of all taxes;
- Consumer care details.
Penalties and Offences- Legal Metrology- India
|Nature of Offence||Non- compliance of Provision||Penalty Amount||Maximum Compounding Amount||Penalty for second and subsequent offence|
|Non- compliance of declaration on pre-packaged commodity by mfg/packer importer||18(1)/36(1)||Max extend to Rs. 25000||Rs. 15000||1) Up to Rs. 50000/- y of declaration to Rs 25000/- 2) not less than of prepackage Rs. 50000/- but dcommodity by extend to mfg/packer/ Rs. 100000/- or importer with imprisonment up to one year or with both|
|Non- compliance of declaration on pre-packaged commodity by wholesale dealer/ distributor||18(1)/36 (1)||Max. extend Rs. 25000/-||Rs. 10000||1) Up toRs.50000/- y of declaration of to Rs. 25000/- 2) not less than prepackaged Rs. 50000/- but commodity by extend to wholesale dealer/ Rs. 100000/- or with imprisonment up to one year or with both|
|Non- compliance of declaration on pre-packaged commodity by retailer||18(1)/36 to Rs. 25000/-||Max extend||Rs. 5000||1) Up to Rs. 50000/- to Rs. 25000/- 2) not less than 50000/- but commodity by extend to Rs. 100000/- or with imprisonment up to one year or with both|
Source: MAHARASHTRA LEGAL METROLOGY MANUAL 2011
It is also relevant to mention here that the Act as well as the Packaged Commodities Rules empowers both the Director and the Controller to inspect the premises and effect seizure for enforcement of provisions of the Packaged Commodities Rules.
 M/S Ims Mercantiles Pvt. Ltd. vs Union Of India And Ors. on 11 December, 2015
For more information on Legal Metrology Law and legal metrology notices in India please write to us at: firstname.lastname@example.org.