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Advisory of Legal Metrology Act Notices for violation of LM Rules
Legal Metrology Act is the principal governing law to maintain uniformity and standardisation as well as commodities. The manufacturers, importers, packers and even repairers need to obtain registration under the legal metrology act and ensure that they adhere to all the compliances as per the act and rules made thereunder. In case of any non-compliance, you can end up receiving notice from legal metrology regulatory authorities.Dynamically fashion end-to-end relationships for pandemic bandwidth. Collaboratively productize distinctive infomediaries without fully researched sources. Collaboratively provide access to fully researched e-commerce before 2.0 web services. Quickly build installed base testing procedures without focused paradigms. brand adaptive intellectual capital for flexible web-readiness.
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Notices Issued Under Legal Metrology Act
In the last few years, multiple companies received legal metrology notices for violation of the provisions of the Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011. For instance, the legal metrology act requires the e-commerce companies to mention the name and address of the manufacturer, importer or packer; maximum retail price (MRP) of the product; net quantity; month and year of manufacturing; date, month and year of expiry or best use date; customer care number etc.
Many of the e-commerce companies failed to adhere to the above declaration requirements. As per the press release by the Ministry of Consumer Affairs, Food and Public Distribution, many of the companies received notices under legal metrology law. 38 notices were issued during the period of 16th October 2020 to 31st December 2020, 232 notices during the calendar year 2021 and 178 notices during the period 1st January 2022 to 11th July 2022 for violation of the provisions and rules under legal metrology.
What Happens After the Notice is Issued?
Once the notice under legal metrology for any violation is issued, it becomes important to address the same and reply to legal metrology notice at the earliest. Taking professional assistance becomes important in this regard. After receipt of the notice, you need to determine the non-compliance highlighted. In case you hold a different viewpoint or believe that there is a mistake on the part of regulatory authorities, then you can furnish a response along with documentary evidence to prove that there was no non-compliance.
In case the violation is proved, then you can opt for compounding of the offence if permitted by the legal metrology law. Compounding under legal metrology can save you from imprisonment by paying a certain amount of fine. In case the offence is non-compoundable, then you need to pay the requisite fines and penalties. Further, you can also appeal to the higher authorities in case the order is passed against you and you believe that there is no violation of the law.
How Noble Advice Can Help?
Noble Advice is a professional and consultancy firm having experts from different domains including CAs, CSs, advocates etc. to provide expert financial and legal services. With vast experience in solving disputes between regulatory authorities and applicants under the legal metrology act, Noble Advice can help you navigate in the right direction in case you have received legal metrology notices. Our legal metrology services include the following:
- Assessing the issue of non-compliance and determining whether the non-compliance actually happened on your part.
- Navigating the way forward to address the legal metrology notice.
- Assisting in preparing the documentary evidence, submissions and response to legal metrology notice.
- Application and assistance for compounding of offence if the recipient of the notice is found guilty.
- Appeal to higher authorities in case of adverse order.
Reach out to Noble Advice for more information.
Questions about service
The branch of regulatory compliance which deals with the customer’s rights is covered under Consumer Protection Laws, mainly – The Legal Metrology Act and Rules made thereunder. These regulatory compliances are as important, vital & crucial as any other regulatory compliance in force.
Like any other legal framework, the Legal Metrology Act & Rules are essential for smooth business operations. Failing to comply can result in hefty penalties, and in severe cases, imprisonment for company directors or nominated officers.
In today’s competitive market, ensuring that your product labels and website meet the Legal Metrology Packaged Commodities Rules is crucial. Non-compliance can lead to substantial fines, product recalls, and damage to your brand’s reputation. Whether you are a startup, established brand, or D2C company selling through offline retail channels or e-commerce platforms in India, adherence to the Legal Metrology Act, 2009 and its associated rules is mandatory.
Compliance with the Legal Metrology Act and Rules is challenging because it requires a rare combination of expertise to deal with:
- Technical Knowledge: A background in BSc (Physics), B.E., or B-Tech is essential to grasp the complexities of national standards, such as maximum permissible errors, lot sizes, and sample sizes.
- Legal Insight: Law Graduates having Expertise in legal interpretation is necessary to understand the sections and rules under the Act, as well as key judgments and court orders.
- Government Experience: Understanding internal government processes, particularly the operations of Legal Metrology Officers and Inspectors, is vital for ensuring compliance.
- Experienced Consultants: Extensive experience and deep familiarity with the Legal Metrology Departments at both central and state levels provide invaluable insights into the application of the law.
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