BLOG- Legal Metrology Packaged Commodities LMPC Registration

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Of late the Indian Customs is getting stricter about the implementation of Legal Metrology laws for businesses in India. 

An application made under Rule 27 of the Legal Metrology Packaged Commodities Rules, 2011 to the Director or the Controller for all pre-packed commodities which are meant for end customers. Under the above-mentioned rule, every packer / manufacturer / importer of the pre-packed commodity rules does require Packer Registration. 

Under Rule 6 of PCR, 2011 is the responsibility of every packer to make mandatory declarations prescribed under the PCR. Normally when you import the pre-packed commodity, you must have to ensure that the packaging of the imported commodity must be in compliance with tPCR, 2011 under the Legal Metrology Act, 2009. The power of granting packer registration is vested with the state government as well as the central government.

However, it is pertinent to note that if you are willing to sell your pre-packed commodities in more than one state then you must mandatorily go for packer registration by the central government. It is commonly known as an LMPC certificate as well.

Any importer that imports any pre-packed commodities commodity to distribute or sell, then he needs to apply for the packer / manufacturer registration under rule27 of the Legal Metrology Packaged Commodities Rules, 2011.

The registration must be applied within 90 days from the date when the import has been commenced.

The compliance of packaging commodity rules must be done before the goods are imported in India. Under these rules, importer must ensure that certain mandatory declarations are made on the pre-packed commodities.

Under the packaged commodity rules, certain mandatory declaration like country of origin, manufacturer name and address, importer address, month and year of manufacturing, month and year of import etc. must be made. The scope of declarations to be made on pre-packed commodity varies from product to product; say declarations to be made on food products will be different from the non-food items.

Importers of pre-packed commodities should obtain the LMPC Certificate before making any import, as it happens most often that custom authorities tend to stop the clearance of goods for want of LMPC certificate, this creates panic situation for importer.

The Ministry of Consumer Affairs, Food and Public Distribution amended the Legal Metrology Packaged Commodities Rules, 2011, the amendment was effective from January 01, 2018. The rules regulate the content and the manner of declaration to be made on the packaged commodities.

The key provisions from the amendments have been highlighted below:

1. Amendment introduced a new definition of the “Pre-Packaged Commodity”.
2. Pre-Packaged Commodity means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity.
3. No person shall declare the different Maximum Retail Price on a similar pre-packed commodity.
4. It is mandatory to declare the name of the country of origin or manufacturer or assembly in case of imported products.
5. The name and address of a company is mentioned on the label with qualifying words “manufactured by”/ “packed-by”.
6. The common or generic names of the commodity should be mentioned on the package.
7. If a package contains a commodity which may become unfit for human consumption after a period, the ‘best before or use by the date’ month and years shall also be mentioned on the label.
8. Declarations required on food products have been harmonized with labelling requirements under the Food and Standards Act, 2006.
9. The packages containing cosmetics products, the provisions of the Drugs and Cosmetics Rules, 1945 shall apply.
10. If Packages Containing commodities that have a shelf-life bear on their labels “Best before or use by the date, month and year.” 
11. The retail sale price of the package shall clearly indicate that it is the maximum retails price inclusive of all taxes and the price n rupees and paise be rounded off to the nearest rupee or 50 paise.

The above provisions Legal Metrology PCR Rules, 2011 do not apply on following commodities:

1. If the package commodities containing quantity of more than 25 kilograms or 25 litres.
2. Packaged commodities meant for the institutional consumer or industrial consumers.
3. Fertilizers, cement, and agriculture farm produce sold in bags of more than 50 kilograms.

LMPC SERVICES:

(A) FOR NON WEIGHT & MEASURING (W&M) INSTRUMENTS

1. Packer / Manufacturer Registration

Under the legal metrology laws, packer / manufacture is the one who distributes or sells the pre-packed commodities; he needs to apply for the packer / manufacturer registration under Rule27 of the Legal Metrology (Packaged Commodities) Rules, 2011.

The registration must be applied within 90 days from the date when the pre-packing has been commenced.

As per the law, the Pre-Packed Commodity means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity.

Under the Packaged Commodity Rules, every packer needs to comply with the mandatory declarations to be made on each and every pre-packed commodity meant for sale or distribution. These declarations do includes MRP, month and year of manufacturing, manufacturer name, customer care contact number, email id etc.

In context of different kinds of pre-packed commodities the nature of mandatory declarations do also varies depending on the nature of commodity. Some other technicalities are also involved in compliance of packaged commodity rules like font size of declarations etc.

2. Importer registration/ LMPC certificate

Any importer that imports any pre-packed commodities commodity to distribute or sell, then he needs to apply for the packer / manufacturer registration under rule27 of the Legal Metrology Packaged Commodities Rules, 2011.

The registration must be applied within 90 days from the date when the import has been commenced.

The compliance of packaging commodity rules has to be done before the goods are imported in India. Under these rules, importer has to ensure that certain mandatory declarations are made on the pre-packed commodities.

Under the packaged commodity rules, certain mandatory declaration like country of origin, manufacturer name and address, importer address, month and year of manufacturing, month and year of import etc. has to be made. The scope of declarations to be made on pre-packed commodity varies from product to product; say declarations to be made on food products will be different from the non-food items.

Importers of pre-packed commodities should obtain the LMPC Certificate before making any import, as it happens most often that custom authorities tends to stop the clearance of goods for want of LMPC certificate, this creates panic situation for importer.

(B) FOR WEIGHT & MEASURING (W&M) INSTRUMENTS

1. Importer registration for weight and measurement items

According to Section 19 of the Legal Metrology Act, 2009, any person importing any weight or measure items should not import unless his/her business entity is registered with the Director of Legal Metrology. The application of registration is filed in schedule X under rule 15 of the Legal Metrology (General) Rules, 2011, and obtained under Section 19 of the Act.

The importer has to ascertain the label of the product should have mandatory declaration as per packaged commodity rules like country of origin, name and address of the manufacturer, address of the importer etc. 

The registration must be applied 30 days before the commencement of the import of goods. The validity of importer registration is for a minimum of 1 year to a maximum of 5 years.

Whoever imports any weighing or measuring instruments to do business in the Indian market without being a registered importer under the Legal Metrology Act, 2009 shall be punished with a fine which may extend to Rs. 25,000 and for a subsequent offence, with imprisonment for a term up to six months, or with fine, or with both. 

2. Model approval for imported goods 

Every weight and measurement instrument in India has to be as per the Indian legal Metrology Standards, in compliance with which, section 22 of the Legal Metrology Act, 2009 do prescribe for a model approval of each weight and measurement item before the commencement of its sale.

The power of model approval is vested only with the central government vide its department of Legal metrology under the aegis of the Ministry of Consumer Affairs, Food and Public Distribution having its office only in Delhi.

The model approval of imported goods can be done in two ways:-

        a) Model Approval through Testing:- Under this way of model approval, the model will be tested by the government laboratory operated as prescribed by the Director, Legal Metrology Department, Central Government, in Delhi. The importer will be required to pay the prescribed model approval fee.

The model shall be kept under testing for a prescribed period and once the test is completed the testing report shall be directly sent to the director and if the testing report meets with the legal metrology standards established under the act, then the director shall grant the model approval certificate.

The testing shall be mandatorily carried in Regional reference Standard Laboratory (RRSL’s), currently, 8 labs in India set up by the government. Private Laboratories are not authorised/recognised for the purposes of testing of models under the Legal metrology Laws.

      b) Model Approval based on existing approval from laboratory outside India:- Proviso 2 of the Sec23 provides that the prescribed authority may if he is satisfied that the model of any weight or measure which has been approved in a country outside India conforms to the standards established by or under this Act, approve such model without any test or after such test as he may deem fit. Practically, getting the model approval on the basis of the existing approval from a laboratory outside India.

3. Model approval for Indian W&M instruments

In India, as per section 22 of the Act, every weight and measure items must comply with standards set by the Indian Legal Metrology Department. The power of approving a model of weight and measure instruments is vested in the department of Legal metrology governed by the Central Government under the aegis of the Ministry of Consumer Affairs, Food and Public Distribution located in Delhi.

Every manufacturer must get model approval done before manufacturing any weight or measure instrument/device/item. Besides that, the application of model approval a manufacturer must attach necessary documents and a certain amount of fees prescribed under the Act.

A sample of each model is sent for testing to government-owned labs. When a model is as per legal metrology standards, thus, the Director shall grant a Model Approval Certificate in the name of the manufacturer.

For the purposes of model approval government has set up total 8 laboratories in India, which have been given task of testing the models whether the said model is as per the Indian Legal metrology Standards.

4. Dealer License For Sale Of Weight & Measurement Instruments

The term “dealer” is defined under Section 2(b) of the Legal Metrology Act, 2009. It states that any person dealing directly or otherwise in the business of buying, selling, supplying or distributing of weight or measure for cash/commission/remuneration / deferred payments with a commission agent/importer / a manufacturer who sells, supplies, distributes, or otherwise delivers any weight or measure items manufactured by him to any person other than a dealer.

As per Legal Metrology Laws, every person involved in the trading of weight and measure items shall apply for a dealer license. Also, it is mandatory to obtain both licenses for a manufacturer / importer willing to act as a dealer for a commodity i.e. dealer license and manufacturer / importer license.

Every state has its own timeline of approval of license and application fee structure. Each license is valid from a maximum of one year to a maximum of five years. 

In case a dealer wants to trade or market his/her product in more than one state, it is the duty of the dealer to obtain a separate dealer license from each state.

5. Repair license 

Any person/firm involved in dealing with weight and measure instruments, devices, or equipment falling under the purview of Legal Metrology must obtain a repairer license.

An application for a repairer license is submitted to the Controller of the State Legal Metrology along with application fees and essential documents. The license is valid for a minimum of one year and a maximum of five years.

Under Section 23 of the Legal Metrology Act, 2009, there is a prohibition of manufacture, repair, or sale of weight or measure items without a license. It further states that no person shall manufacture, repair, or sale, any weight or measure unless a valid license is issued by the Controller. It is important to note that no license to repair shall be required by a manufacturer for the purpose of repairing its own weight or measure.

As per Section 46 of the Legal Metrology Act 2009, any person who repairs or sells, etc. any weight or measure without being having a valid license, shall be punished with a fine which may extend to Rs. 5,000 or for a subsequent offence with imprisonment for a term up to one year or with fine or both.

6. Manufacturing License

According to Rule 27 of the Legal Metrology Packaged Commodities Rules, 2011 every person, firm, Hindu undivided family, society, company, or corporation involved in pre-packaging or importing of any commodity for sale and distribution or delivery should make an application along with fee to the Director or Controller for the registration of his or its name or complete address.

An application for registration should be made within 90 days from the date of commencement shall begin.

Every application shall contain, the name of the applicant, the complete address of the premises at which the pre-packing or import of one or more commodities and the name of the commodities pre-packed or imported by the applicant.

The license is valid from between one year to five years, and renewal of the license shall be filed within three months from the date of expiry. Under Section 45 of the Legal Metrology Act, 2009

In case, any alteration in the registration certificate is required, a fee of Rs. 100/- shall be paid by the concerned manufacturer or packer or importer to the Director or Controller.

7. Packer Registration

An application made under Rule 27 of the Legal Metrology Packaged Commodities Rules, 2011 to the Director or the Controller for all pre-packed commodities which are meant for end customers. Under the above-mentioned rule, every packer/manufacturer / importer of the pre-packed commodity rules does require Packer Registration. 

Under Rule 6 of PCR, 2011it is the responsibility of every packer to make mandatory declarations prescribed under the PCR. Normally when you import the pre-packed commodity, you must have to ensure that the packaging of the imported commodity must be in compliance with the PCR, 2011 under the Legal Metrology Act, 2009. The power of granting packer registration is vested with the state government as well as the central government.

However, it is pertinent to note that if you are willing to sell your pre-packed commodities in more than one state then you have to mandatorily go for packer registration by the central government. It is commonly known as an LMPC certificate as well.

 

Our Services: We help in providing certificates from the legal metrology department of India. You can apply for any state example UP, Delhi, Maharashtra, Madhya Pradesh (MP), Gujarat, Tamil Nadu, Telangana, Haryana etc or you can directly apply for a certificate provided by the Central government. 

 

Want to apply for the LMPC licenseFill up this form , or click here or call Kapish at +91-9971770603