Quantity Inspection and Error Handling of Packaged Commodities

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Quantity Inspection and Error Handling of Packaged Commodities

What is a Packing License?

Packer License is a permit sought from the LM Authority to package commodities as per the Legal Metrology Act’s directives. Businesses must apply for such Packing License registration to embark on packaging Business activities. After availing of the Packer License from the Department of Legal Metrology, the registered Packer must prepare itself for the scheduled Inspection of its facility.

The LMD Department sends a Facility Inspector who will access the packing plant as well as the packaged commodity to check whether it complies with the Legal Metrology Pre-Packaged Commodities Rules of 2016. After the due course of the Inspection, the Examiner will submit a report to the Authority to check for compliance by the Packing License holder in India.

If the report falls in your favor, the Department will green-flag your activities. But such is rarely the case. A tonne of issues arises during the inspection procedure. The Inspection of quantity and error in packages at the packaging premises of the dealer, wholesale or otherwise, will yield to halt your commercial procedure. Let us discuss some of the regulations for errors in package handling.

Prohibitions relating to the Testing Procedure on Legal Metrology Packer Licensee facility

Any test done concerning the net quantity contained in a package must not be carried out at the packaging premises of the retail as well as a wholesale dealer unless the following issues arise:

• The Director or the Controller receives a complaint that the sold or delivered package to the complainant does not contain the required quantity declared on the package or the affixed label on it.
• The Director or the Controller has reason to suspect that a package tampers with pilferage or leakage of the commodity contained in the packages.
• The Director or the Controller & packages, or the affixed label does not bear any of the declarations required to be made under the LMPC rules.

Permissible Errors in the Package Declarations

Suppose a test is carried out in pursuance of the LMA Act provisions. In that case, the Director or the Controller must verify if the package contains a quantity corresponding to the declared quantity on such packages or its affixed label. It will also check whether the quantity contained in the package is less than the declared quantity on the packaging or the rendered deficiency is more than the maximum permissible error for that commodity as per the LMPC rules.

Case when the Packaged Product is exempted from Error Detection

Suppose the Director or the Legal Metrology Officer finds a test carried out under the LMPC rule has an error in deficiency in any of its packages. And it is kept or stored for any of the following purposes at the premises of its retail or wholesale dealer, such as:

• Sales
• Distribution 
• Delivery

Also, the error found is more than the maximum permissible error concerning that commodity. The Director or the Controller will seize such a package in such a case. They will also take appropriate action against the dealer, retail or wholesale, in accordance with the LMA Acts provisions. 

Packages bearing the legend 'when packed' will not be penalized with punitive action against the wholesale dealer or otherwise, if the Director or the Controller is satisfied after the test that the deficiency in the net contained quantity of the package is due to environmental conditions.

To know further about the packing license registration as well as the inspection procedure, connect with the Legal experts at Registrationwala.

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