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Standard Measurement and Weight Act, 1968 (2025) and Regulation 2020 (2076)

June 2, 2020

 

1.  Introduction

The Standard Measurement and Weight Rule 2020 (the “Regulation”) was published in the Nepal Gazette on May 18, 2020, by the Government of Nepal pursuant to Section 36 of Standard Measurement and Weight Act, 1968 (2025) (the “Act”).

The Act enacted in 1968 (2025) is mainly concerned with units of measurement, inspection and stamping of measurement and weight along with the authenticity of the measuring devices. The Regulation has been enacted more than 50 years later to cover and provide practicable solutions to the areas specifically not covered by the Act.

 

 

2.  Scope of the Regulation

The Regulation envisages regulation of products, their labelling, weight and measurement. More specifically, the Regulation elaborates on the following: (a) Regulation of standard of  package selaed goods, (b) Authentic information that is to be disclosed in Labels of sealed goods, (c) Limits for discrepancy in the standard quantity of packaged goods (d) Onus upon the producer, importer or the Packer to relay accurate information to consumer as well as Office of Standard and Meteorology (e) Type of weighing machine to be kept by Retailer, (f) Powers and duties of the Inspector and Controller .

 

 

3.  Provisions related to standard of Sealed Package.

The Act has defined "Sealed Package" as packed bundles, bottles, drum (pipa), tins, barrels, boxes, pots, bags, sacks or commodities contained which are not meant to be measured or weighed at the time of sale.

“Net quantity” means total quantity of the material used while packing as well as the goods inside such package.

“Gross Quantity” refers to total quantity of goods inside a package excluding the package.

 

3.1.  Standard for Sealed Package (Rules 3, 4, 5)

The Regulation sets the following standard for Sealed Package:

  1. Prohibition on sale and distribution of Sealed Packages that varies from the quantity affixed by the Regulation.
  2. No sealed goods are to be manufactured, imported, sold or distributed without a Label.
  3. Disclose details in the Label of a Sealed Package with clarity.
  4. Separately disclose details if such details are different from the ones set by the Regulation.

 

3.2.  Details to be mentioned in the Label of a Sealed Package (Rule 5)

As per the Act, “Label” means written, printed, marked, embossed, filled or tagged marks, pictures shown in any variety or any descriptive element in the goods or Sealed Package or container of the goods.

 

“Packer” means individual or institution packing the goods in Sealed Package before it’s sale.

There are certain details necessary to be disclosed in the Label of a Sealed Package in a clear and comprehensive way:

  1. Name and address of whoever is responsible for the sealed packaging either manufacturer, distributor, or Packer
  2. Name of the importer if the package has been imported,
  3. Name of the importer and Packer if the goods have been manufactured outside Nepal but packaged after being imported to Nepal.
  4. Contact location, telephone number, fax or email of manufacturer, importer or distributor.
  5. Name and quantity of material within the package, name and quantity of each material in case there is more than one material.
  6. Net quantity, unit of or total number of goods inside a package in case a package is sold based on number/amount.
  7. Manufactured and packing date and, year and month of import in case of an imported goods.
  8. Maximum retail price.
  9. Shape and type of goods inside a package as far as possible.
  10. Other detail relating to the good is to be provided, If any.

 

In addition to that, following conditions apply in a Label of a sealed goods:

  1. No different information, declaration or sticker is to be affixed in a sticker. However, in case of change in retail selling price, separate sticker showing the previous Maximum Retail Price can be affixed.
  2. If any subsidiary goods are included in a package, information of the subsidiary goods should also be mentioned in the main package.
  3. If application is filed for extension of time for correction or amendment with valid reason. The Department may extend the time by 6 months based on the justification.
  4. If any special provision is required in any prevailing law regarding the information to be disclosed in label of a sealed package, then same is to be followed.

 

3.3.  Language and clarity (Rules 8 and 9)

The regulation requires following details to ensure clarity:

  1. Any information or declaration to be mentioned as per the requirement of the Regulation should be mentioned in a clear and understandable way.
  2. While printing or mentioning Gross Quantity the background of a label and the latter should have different background. If the same is written by carving or piercing, it is not compulsory to use different colors.
  3. Any declaration or information mentioned in the label should be in Nepali or English language comprehensible to general public (laymen). However, use of other language along with English or Nepali is not restricted.

 

3.4.  Ways to mention declaration or information

  1. No declaration or information must be mentioned in a package, making the liquid inside such Sealed Package a medium for reading such information.
  2. If any box, outer wrapping or any material, wraps or covers the declaration or information in a sealed package. The wrapper or cover should mention the declaration or information. Such is not compulsory if the wrapper/package or cover is transparent.

 

3.5.  Different declaration or information to be mentioned (Rule 7)

The size of letters in a Label should be as per the descriptions below:

In case the Net Quantity of a goods is in weight or volume, maximum height of number/amount in the Label should be as follows:

S. No.

 

Net quantity weight or volume

Maximum height in Millimeter

Normal condition

If written by expanding, casting, carving or leaving space

  1.  

Up to 200 gram or millimeter

1

2

  1.  

From 200 gram or millimeter – 500 gram or millimeter

2

4

  1.  

More than 500 gram or millimeter

4

6

 

In case the Net Quantity of a good is in height, area or number/amount the size of letter should be as follows:

S. No

Net Quantity in height, area or number/amount

Maximum height in Millimeter

Normal condition

If written by expanding, casting, carving or leaving space

  1.  

Up to 100 centimeter

1

2

  1.  

From 100 square centimeter – 500 square centimeter

2

4

  1.  

From 500 square centimeter – 2500 square centimeter

4

6

  1.  

More than 500 gram or millimeter

6

6

 

If a Label of a Sealed Package requires different or distinct declaration or information then mentioned in the Regulation, such information should be mentioned by leaving space above and below or left and right in the prescribed format.

 

 

4.  Information to be disclosed. (Rules 22 and 23)

 

4.1.   Notice to be given to Office

As per the Act, “Office” refers to the Office of Standard and Meteorology subordinate to Department.

“Department” means Nepal Bureau of Standards & Metrology.

Manufacturer, importer or Packer must give timely notice to the Office relating to the size, measurement or weight of the Sealed Package manufactured, packed and distributed by them. The Office must keep record as per the notice and inform the same to the Department.

 

4.2.  To be mentioned in advertisement

While advertising the retail selling price of a Sealed Package, the Gross Quantity or the number/amount of goods in the package ought to be mentioned.

 

 

5.  Quantity of a Sealed Package to be mentioned (Rule 10)

“Tare weight” means weight of plastic, glass, drum, tin, barrel, box, container, bag, sack or other similar material used for packaging, except for the goods.

 

5.1.  Details to be transcribed with Net Quantity

The Net quantity of a goods inside a Sealed Package should be mentioned without the Tare weight. If the weight or measurement of a goods inside a sealed container has the nature of being constant or change negligibly due to environment along with time, the word “while packing” should not be used for such goods while mentioning Net Quantity of the goods.

However, the word “while packing” can be used in the Gross Quantity of following goods:

  1. All types of soap,
  2. Lotion,
  3. Cream (excluding cream made from milk).

 

5.2.  Information to be relayed in suitable unit

Quantity of the goods in a Sealed Packaged should mention the composition of measurement or weight, number/amount or measurement, weight or number/amount in a way providing full and correct information to the consumer. Such quantity should be mentioned in appropriate unit.

 

5.3.  Measurement, weight, volume or number/amount to be declared. (Rules 13 and 14)

Measurement, weight, volume or number/amount must be declared for following:

  1. Bedsheet,
  2. Dhoti,
  3. Handkerchief
  4. Pillow Cover
  5. Tablecloth
  6. Other similar goods

In addition, quantity and volume should be mentioned in case of a closed container goods. Depending on the shape of container the depth, height, width, volume, diameter along with number/amount is to be mentioned as per necessity.

 

 

6.  Limit of Weight variation (Rule 15)

“Limitation of less or more” means the accepted limit of quantity of less or more in the Gross Quantity of a goods in a Sealed Package as per the Regulation.

 

6.1.Cap on Variation

The Act simply restricted anyone to accept or cause to accept less or more weight than mentioned in Label. The Regulation provides for specific limit for variation of goods which was not included in the Act. More specifically, the Regulation allows certain percentage and ratio of limit in variation to the declared amount.

 

6.2.Caps on variation in Net Quantity wherein weight or volume is mentioned:

S. No

Declared quantity

(Gram or Milliliter)

Limitation of less or more/variation

Declared quantity (in percentage)

Gram or Milliliters

  1.  

Up to 50

9

-

  1.  

50 to 100

-

4.5

  1.  

100-200

4.5

-

  1.  

200-300

-

9

  1.  

300-500

3

-

  1.  

500-1000

-

1.5

  1.  

1000-10,000

1.5

-

  1.  

10,000-15,000

-

150

  1.  

Above 15,000

1

-

 

6.3.  Cap in variation in Net quantity of sealed product is in height, area or number/amount:

S. No

Declared amount

Limit of less or more

  1.  

On basis of height

2% of the declared quantity

  1.  

On basis of area

3% of the declared quantity

  1.  

On basis of number/amount

1% of the declared quantity

 

 

7.  Inspection

Inspection” means test or examination of measurement and weights or measuring and weighing machines and this term also includes the Act of re-test as mentioned in the Act.

“Inspector” means an official appointed or designated by Government of Nepal for the purpose of the Act.

“Batch” means quantity of goods in Sealed Package, stored and produced at a time.

 

7.1.  Right and Duty of Inspector (rule 16)

  1. Inspector can examine the Sealed Package of manufacturer, importer or Packer stored in their go down or premise at any time.
  2. The Inspector should ensure the weighing machine is accurate before examination of quantity of any Sealed Package.
  3. Working standard as prescribed by the regulation is applicable while ensuring surety of the limit of less or more in the Net Quantity of goods.
  4. The sampling must be done in a way to represent all the Batch stored in a go-down or any other location. The sample must be based on random sampling.
  5. If sample is to be collected from a place where packaging is being done. Inspector must take a sample from a finished package.
  6. As the sample is collected, the Inspector should fill form with signature of manufacturer, importer, Packer or representative appointed by them. A copy of the form should be made available to the importer, Packer or the representative.

 

7.2.  Conditions for Inspection to be done in the place of sale

  1. If a complaint is filed claiming that a Sealed Package sold is less than quantity mentioned in package or Label.
  2. If ample basis and evidence is found to prove that the particulars of a Sealed Package or cavity in a Sealed Package has caused the quantity of goods to be less.
  3. In case the detail, declaration or information in any Sealed Package or Label is doubtful.

 

 

8.  Action contrary to Regulation (Rules 16 and 18)

“Retailer” means an institute or individual who sells goods in a Sealed Package directly to the consumer.

Following activity is deemed to have been in contravention of regulation

  1. If the product collected for sampling by Inspector is less, more or double the standard limit of variation in quantity as set by the Regulation,
  2.  If the Package collected as sample that exceeds the number of goods as recognized number per set is more in number/amount than the rebate provided,
  3. If a standard package as set by the regulation is not produced,
  4. If the declaration or information in relation to detail, measurement, weight or number/amount of a Label of a Sealed Package as required by the regulation is not mentioned,
  5.  If goods like lentil, rice, cement or similar type of goods are packaged in a way to decrease or increase the goods inside a package without opening the Sealed Package, are found to be sold by decreasing or increasing the quantity,
  6. If package within the premise of the Retailer as established by the Regulation is found to be beyond the limit of discrepancy set by the Regulation.

 

 

9.  Prohibition of sale and distribution or confiscation of goods. (Rule 19 -20)

“Controller” as defined by the Act, means the Director – General of the Nepal Bureau Standards and Metrology.

 

9.1.  Confiscation of goods or Ban on sale.

  1. In case any act contrary to the Act is being done, the Inspector can order the Producer, Importer, Retailer or wholesaler related to the product to immediately ban the sale and distribution of such seal packaged goods,
  2. The Inspector can confiscate such goods if the same orders are not followed,
  3. The confiscated package is managed in accordance with order given by Controller.

 

9.2.  Re packing

  1. Any Sealed Package banned or confiscated pursuant to the Regulation can be repackaged after the procedure is fulfilled, or

If the goods in Sealed Package is sold in auction pursuant to prevailing law, the Controller can order the goods be repackaged as per the quality and nature of the goods. Such goods must not have negative impact on quality, consumers health, security and environment by maintaining the standard as per the Regulation.

  1. Package sealed goods ordered by Controller for repackaging can be permitted by the Controller for sale and distribution if such package is deemed to be up to standard set by the Regulation, upon Inspection.

 

 

10.  Measuring device to be kept (Rule 21)

The Retailer, manufacturer and seller should keep weighing machine in a manner visible to consumer as per the requirement of the goods. The Retailer must let consumer examine the weight of a package sealed goods if they wish to.

 

 

11.  Orders/Directive (Rule 25)

The Department can issue necessary directives relating to Sealed Package of goods to the concerned manufacturer, importer, Packer, distributor, wholesaler as well as Retailer. It will be the responsibility of the everyone concerned to follow the directive issued by the Department.

 

 

12.  Non applicability of Regulation (Rule 24)

Industry or Institutional Consumer” refers to the industry or institution that procures goods directly from manufacturer or importer for the internal consumption and usage of such industry or institution.

 

12.1.  Provision of Regulation not applicable

The Regulation shall not be applicable to the following:

  1. Sealed Package prepared for the consumption of Industry or Institutional Consumer,
  2. Package sealed goods with quantity more than 50 kg or 50 liters,
  3. Package sealed goods with quantity of 10 grams or less and 10 ml or less,
  4. Fast food packages packed as prepared in any hotel or restaurant.

 

12.2.  Grace Period (Rules 3 and 5)

The Regulation provides for grace period in following conditions

  1. Goods made inconsistent than the provided quantity during the inception of this act can be sold and distributed within 6 months of commencement of the act.
  2. If amendment or correction is to be done to any stamp or sticker affixed in a packing material as per the Regulation. Such is to be done within 6 months of commencement of the Regulation.

 

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**DISCLAIMER: This document is prepared for general understanding and should not be taken for any legal purpose without consulting legal professionals. ** The copyright of the document is vested with PLA.**

 

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