LMPC Certificate for Import

Legal Metrology Packaged Commodities certificate, also known as the LMPC Certificate, is mandatory for all businesses engaged in manufacturing, distribution, selling, packaging and import of pre-packaged commodities. The rationale behind mandatory LMPC Registration is to ensure that packaged commodities are in conformity with the requirements of the Legal Metrology (Packaged Commodities) Rules, 2011.

What Are Pre-Packaged Commodities Under LMPC in India?

LMPC basically applies to pre-packaged commodities and weights and measurements in India. Pre-packaged commodities include all those commodities that are packaged before becoming commercially available. In simpler terms, it includes all those commodities that are packed in the absence of the consumer. Therefore, the contents in the package are pre-determined. Following are some of the commodities and products covered under this law:

• Cooking Oil, Detergent Powders and Milk, Soaps, Mineral and Drinking Water
• Suji, Rawa, Wheat Flour, Rice Flour
• Coffee and Tea, Biscuits, Baby Food, Bread
• Cement in Bags
• Enamels, Varnish, Paint
• Soft Drinks and Non-Alcoholic Beverages

This is just an illustrative list

LMPC Registration Process – How to Apply for LMPC Certificate for Import Online in India

Here is the detailed process for the LMPC Certificate Apply Online route:

1. Preparing and Filing the Application: To apply for the LMPC Certificate for Import, you need to submit the application form. It should be submitted to your local government unit.
2. Submit the Relevant Documents: While applying for the LMPC certificate, you also need to submit all the relevant documents. You can check out the list of documents required below.
3. Pay the LMPC Registration Fees: Once you have prepared the application and submitted the relevant documents, you shall pay the applicable LMPC Registration Fees. After submission of the application, the Director of Metrology reviews the application and decides upon its approval or rejection. The LMPC certificate is issued within 7–10 working days of receiving the application, once approved.

Validity of LMPC Certificate

Like other statutory registrations, the LMPC Registration Certificate also comes with a definite validity period. The LMPC certificate is valid for 5 years. The certificate shall be renewed before expiry to avoid any obstacles during customs clearance.

Exemptions Under LMPC Rules

In the following cases, it is not mandatory to obtain the LMPC certificate in India:

• Commodities having a net weight of 10ml or 10gms or less
• Agricultural products packed in weights of more than 50kgs
• Packages that contain fast food items packed by a restaurant or hotel
• Formulations that contain packages authorised by the Drugs (Price Control) Order, 1995
• Packages that contain goods weighing more than 25 litres or 25 kgs, except fertilisers or cement sold in bags weighing up to 50 kgs
• Packaged goods that are targeted at service institutions or institutional consumers like railways, airways, hospitals and hotels

What are the Documents Required for LMPC Certificate Registration in India?

If you are willing to apply for the LMPC Certificate for Import, here are the documents required:

• Identity and residential proofs (Aadhaar Card, Voter ID card, Passport)
• Digital Signature Certificate of the authorised signatory (DSC)
• NDMC/MCD/DDA license for manufacturing, trading or factory. If the MCD license is not available with the applicant, an affidavit shall be submitted stating that the business premises are not located in a non-conforming area that can be sealed by the MCD.
• GST registration certificate
• Partnership deed (in case of partnership firms) or Memorandum of Association (in case of companies)
• Import Export Code (IEC)
• Passport size photographs (of all directors, partners and proprietors)
• Proof of commercial area
• Packaging material, slips, stickers and labels pasted on the packaged commodities
• Receipt of offences that are challenged or whether it is compounded

Declarations While Submitting LMPC Certificate Registration Application

When you submit the LMPC certificate application, you shall also submit the following declarations:

1. Whether the package is a wholesale package or retail package
2. Whether the packaging is being done in standard quantities as per Rule 5 of the Legal Metrology (Packaged Commodities) Rules, 2011
3. Whether the package contains food items or perishable commodities
4. Whether the package is a group package, combination package or multi-piece package
5. Whether the items are packaged only as raw materials for specific industries
6. Whether the packaged items will be exported out of India
7. Whether the packaged items consist of fast food items
8. Whether your shop/premises are owned or rented
9. Whether the package includes any non-scheduled/scheduled formulations as specified under the Drugs (Price Control) Order or agricultural products of 50kgs or above
10. Whether your premises were earlier inspected by the W&M Department
11. The offences that you have challenged and whether it is compounded
12. Whether your firm was challenged for violating the Weights & Measures law during the last 3 years. If yes, provide the date of the challan and other details.

Disclosures on the Package

The applicable law prescribes disclosures required on pre-packaged commodities. Without disclosure of mandatory information, you cannot import, sell, manufacture, distribute or pack pre-packaged commodities. The information required to be disclosed includes:

• Date of manufacturing, import or packing
• Date of expiry in case of food items
• Maximum Retail Price (inclusive of GST)
• Quantity of the product
• Generic name of the product
• Net contents of the products (in terms of weights/length/volume)
• Country of origin of the imported goods
• Details of the consumer care

Benefits of LMPC Certificate in India

The LMPC certificate provides multiple benefits to the holder, including but not limited to the following:

• Promotes Import: LMPC Registration makes it easier to import goods into India, as it demonstrates that the applicable compliance requirements have been completed.
• Safeguards Consumer Interest: LMPC ensures accurate weights, measurements and disclosure of crucial information to consumers. This safeguards the interest of consumers in India.
• Enhances Goodwill of Business: The LMPC certificate indicates that the business is compliant and genuine. This creates a sense of trust in the minds of consumers, which in turn enhances the reputation of the business.
• Saves Time and Cost: LMPC requires disclosure of all crucial information on the packaging itself. This includes contents, weights, properties and other crucial details of the packaged goods. This saves considerable time during customs clearance of the packaged commodities and helps avoid unnecessary delays and penalties.

Penalties in Case of Non-Compliance with LMPC Rules

In case of non-compliance with the LMPC rules, penalties may become applicable, including:

• A late fee if the LMPC import license is submitted beyond the prescribed timeline after the beginning of the incorporation process (for Delhi)
• A fine and/or imprisonment for violation of the norms for weights and measurements by manufacturers, importers, packers and dealers
• A fine and/or imprisonment for violation of Section 11 of the applicable Act by an importer, manufacturer or packer
• A fine and/or imprisonment if a manufacturer, importer or packer delivers quantities less than what the consumer has paid for
• A fine and/or imprisonment for failure to submit the annual return by the manufacturer or importer
• Penalty for an importer where the label on the product has unverified weight
• A fine and/or imprisonment for manufacturers, distributors, sellers and importers who sell products without LMPC declarations on the package
• Import of any measure or weight is allowed only on the basis of an importer certificate, as per Section 19 of the Legal Metrology Act, 2009

*Actual fine and fee amounts are as prescribed under the Legal Metrology Act, 2009 and applicable state rules, and may be updated by the authorities from time to time.

Types of LMPC License

Products like thermometers and weighing machines fall under the weights and measurements category and involve four different types of registrations under LMPC. These include:

• Model Approval Certificate: Granted by the Central Government, applicable to products that fall under the weights and measurements category. A sample must be submitted to the laboratory for testing to confirm compliance with Indian standards.
• Import License: Importers are required to obtain an import license under LMPC if they wish to import weights and measurements. The import license can be applied for after obtaining model approval, and is granted by the state government where the goods are imported.
• Packaged Commodity Registration: LMPC Packaged Commodity Registration is applicable to all packaged commodities to be sold to retail customers. Importers and manufacturers shall provide all relevant information on the packaged products, in compliance with the applicable guidelines. The packaged commodity registration is granted by both Central and State Governments.
• Dealership License: If the importer imports products and sells them under the same brand name, they shall obtain a dealership license under LMPC. The dealership license is granted by the central or state government where the company is registered.

How ASC Helps in LMPC Certificate Registration

ASC Group provides start-to-end service related to the LMPC Certificate.

• Assistance in obtaining the LMPC certificate in various capacities, i.e., as an Importer / Manufacturer / Packer
• Advisory in preparation of application and arrangement of the Model Approval Certificate (applicable for "Weights & Measure Certificate" products)
• Arranging issuance of the Dealership License / Manufacturing license and assistance with stamping of products
• Consultancy regarding LMPC and Weights & Measure Certificate laws, and assistance in drafting MRP stickers
• Consultancy for Director's Nomination and issuance of the Nomination certificate as per applicable LMPC Guidelines