Legal Metrology Packaged Commodities certificate, also known as LMPC certificate, is mandatory for all the businesses engaged in manufacturing, distribution, selling, packaging and import of pre-packaged commodities. The rationale behind the compulsion of the Legal Metrology Certificate is to ensure that the packaged commodities are in conformity with the requirements of Legal Metrology (Packaged Commodities) Rules, 2011.
What Are Pre-Packaged Commodities for Legal Metrology Registration?
LMPC basically applies to the 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 consumers. Therefore, the contents in the package are pre-determined. Following are some of the commodities and products covered under the legal metrology 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
How to Apply for LMPC Certificate for Import?
Here is the detailed process of legal metrology Certificate online:
Preparing and Filing the Application: In order to apply for the LMPC Certificate for Import, you need to submit the application form. It should be submitted to your local government unit.
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.
Pay the LMPC Registration Fees: Once you have prepared the application and submitted the relevant documents, you shall pay the legal metrology registration After submission of the application, the director of Metrology reviews the application and decides upon the approval or rejection thereof. The legal metrology certificate is issued within 7-10 working days after receiving the application.
Validity of Legal Metrology Certificate
Like other statutory registrations, legal metrology registration in India also comes with a definite validity period. The validity period of the LMPC certificate is 5 years. The certificate shall be renewed before the expiry of 5 years to avoid any obstacles during the customs clearance.
Exemptions Under LMPC Rules
In the following cases, it is not mandatory to obtain the legal metrology 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 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 cements 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.
Documents Required for LMPC Certificate Registration
If you are willing to apply for LMPC Certificate for Import, then here are the documents required for the same:
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. In case the MCD license is not available with the applicant, then 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 the directors, partners and proprietors)
Proof of commercial area
Packaging material, slips, stickers and labels that are pasted on the packaged commodities
Receipt of offences that are challenged or whether it is compounded
Declarations While Submitting Legal Metrology Certificate Registration Application
When you submit the legal metrology certificate application, you shall also submit the following declarations:
Whether the package is a wholesale package or retail package
Whether the packaging is being done in standard quantities as per Rule 5 of Legal Metrology (Packaged Commodities) Rules, 2011
Whether the package contains food items or perishable commodities
Whether the package is a group package, combination package or multi-piece package
Whether the items are packaged only as raw materials for specific industries
Whether the packaged items will be exported out of India
Whether the packaged items consist of fast food items
Whether your shop/premises are owned or rented
Whether the package includes any non-scheduled/scheduled formulations as specified under the Drugs (Price Control) Order or agricultural products of 50kgs or above
Whether your premises were earlier inspected by the W&M Department
The offences that you have challenged and whether it is compounded
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 Legal Metrology law prescribes the disclosures required on the pre-packaged commodities. Without disclosure of mandatory information, you cannot import, sell, manufacture, distribute or pack the 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
Legal metrology certificate in India provides multiple benefits to the holder, including but not limited to the following:
Promotes Import:Legal metrology registration makes it easier to import goods in India as it specifies that you have completed the legal metrology course.
Safeguards Consumer Interest: LMPC ensures accurate weights, measurements and disclosure of crucial information to the consumers. This safeguards the interest of consumers in India.
Enhances Goodwill of Business:LMPC certificate indicates that the business is compliant and genuine. This creates a sense of trust in the minds of the consumers that in turn, enhances the reputation of the business.
Saves Time and Cost: The LMPC requires disclosure of all the crucial information in the packaging itself. This includes contents, weights, properties and all the crucial details of the packaged goods. This saves tons of time during the customs clearance of the packaged commodities. This also helps avoid any unnecessary delays, accelerates the customs process and helps avoid significant penalties.
Penalties in Case of Non-Compliance with LMPC Rules
In case of non-compliance with the LMPC rules, then the following penalties shall become applicable:
In case the LMPC import license is submitted more than 90 days after the beginning of the incorporation process, then a late fee of Rs. 5000 shall be levied (for Delhi).
Violation of the norms for weights and measurements by the manufacturers, importers, packers and dealers shall attract a fine of up to Rs. 10,000 or 1 year of imprisonment.
Violation of Section 11 of the LMPC act by an importer, manufacturer or packer shall attract a fine of Rs. 10,000 or 1 year of imprisonment.
In case a manufacturer, importer or packer delivers quantities less than what the consumer has paid for, then a fine of Rs. 10,000 or 1 year of imprisonment shall be levied.
Failure to submit the annual return by the manufacturer or importer shall attract a fine of Rs. 5000 or 1 year of imprisonment.
The importer shall be liable to a penalty in case the label on the product has unverified weight.
Manufacturers, distributors, sellers and importers who sell products without LMPC declarations on the package shall pay a fine of Rs. 2000 to Rs. 10,000 or 1 year of imprisonment or both.
As per Section 19 of the Legal Metrology Act, 2009, import of any measure or weight shall be allowed only on the basis of an importer certificate.
Licenses Under Legal Metrology
Products like thermometers and weighing machines fall under the categories of weights and measurements and involve 4 different types of legal metrology registrations. These include:
Model Approval Certificate: The model approval certificate is granted by the Central Government and is applicable to the products that fall under the weights and measurements category. A sample is required to be submitted to the laboratory for testing to confirm whether it complies with the Indian standards or not.
Import License: The importers are required to obtain an import license under legal metrology if they wish to import weights and measurements. Import license can be applied for after obtaining model approval. An import license is granted by the state government where the goods are imported.
Packaged Commodity Registration: Packaged commodity registration is applicable to all the packaged commodities that are to be sold to retail customers. Importers and manufacturers shall provide all the relevant information on the packaged products. The information shall be in compliance with the guidelines mentioned in the relevant rules. The packaged commodity registration is granted by both the Central and State Governments.
Dealership License: If the importer imports products and sells them within the same brand name, then he shall obtain the dealership license from the legal metrology department. The dealership license is granted by the central or state government where the company is registered.
How ASC Can Helps You in Legal Metrology Certificate Registration?
Assistance in obtaining Legal Metrology certificate in various capacities, i.e., as an Importer / Manufacturer / Packer
Advisory in preparation of application and arrangement of Model Approval Certificate (applicable for “Weights & Measure Certificate” products)
Arranging Issuance of Dealership License / Manufacturing license and assistance in the stamping of products
Provide consultancy regarding Legal Metrology and Weights & Measure Certificate laws and assistance in drafting MRP stickers.
Consultancy for Director’s Nomination and issuance of Nomination certificate as per Legal Metrology applicable rule.
Frequently Asked Questions
Q
What is the Law under Legal Metrology Registration Act?
A
Legal Metrology treats units of weight and measurement, methods of weighing and measurement, and weighing and measuring instruments in relation to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of weighing and measurement.
In order to ensure uniform enforcement of laws related to matters in Legal Metrology throughout the country, the Govt. has enacted:
(1) The Legal Metrology Act, 2009
(2) The Legal Metrology (Packaged Commodities) Rules, 2011
(3) The Legal Metrology (General) Rules, 2011, and
(4) The Meghalaya Legal Metrology (Enforcement) Rules,2011.
Q
Who is competent authority to grant legal metrology license?
A
The controller of the legal metrology registration department is the competent authority to grant the legal metrology license. Application for a license should be submitted to the Inspector of legal metrology who will inspect the firm and forward the same to the Controller of Legal Metrology with recommendations for consideration.
Q
What are commodities covered under the Rules?
A
All pre-packaged commodities except otherwise exempted from the rules are covered under the Rules. The exemption is given for drugs, fast food items, and packaged commodities sold in packages up to 10g or 10ml.
Q
Can a person use unstamped Weights & Measure Certificate?
A
No, Weights & Measure Certificate shall be sold or offered, exposed or possessed for sale or used or kept for use in any transaction or for protection unless it has been verified & stamped that too by a licensed manufacturer/dealer of Legal Metrology Officer.
Q
How can consumer ensure Weights & Measure Certificate standard?
A
Every weight & measure is manufactured as per the specification and model laid down by the Govt. of India. Weights & Measure Certificate used by the traders are verified & stamped by the Inspector of the legal metrology registration department, after due verification, with a seal for ensuring the integrity of the stamp of the Inspector and the quarter in which it is verified.
Q
What is Pre-Packaged Commodity?
A
Pre-packaged commodity" means any commodity which, is placed in a package without the purchaser being present, of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity is a pre-packed commodity.
Q
Is Legal Metrology rules applicable to imported Packages?
A
Yes, the Rules are applicable both to imported Packages as wells as the indigenous packages.
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Martina
Hi! I was wondering, if I'm importing in India some goods for retail, can I use the import date on the label or shall I use the manufacture date? Because I saw there was an amendment but then it seems to be reverted back ? Can the label have the import date instead of manufactured date?
Suraj Kumar
Your post raised some interesting points that I hadn't considered before... Thanks
Jampala Koteshwar
Details about modelapproval in weights&measures dept.
ASC Group
Thanks, Jampala Koteshwar please call us to know more
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