LMPC – LEGAL METROLOGY PACKAGED COMMODITIES

LMPC Registration for Importer

Any importer that imports any pre-packed commodities commodity to distribute or sell, then 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.

Compliance with 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 commodities varies from product to product; say declarations to be made on food products will be different from 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 a panic situation for the importer.

LMPC Registration for Packer / Manufacturer

Under the legal metrology laws, the packer or/and manufacturer is the one who distributes or sells the pre-packed commodities; she/he needs to apply for the packer or/and manufacturer registration under Rule 27 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 include MRP, month and year of manufacturing, manufacturer name, customer care contact number, email id, etc. In the context of different kinds of pre-packed commodities, the nature of mandatory declarations does also varies depending on the nature of the commodity. Some other technicalities are also involved in compliance with packaged commodity rules like font size of declarations etc.

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. 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.

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 a 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.

LMPC License for Dealer (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.

LMPC License for Repairer

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 offense with imprisonment for a term up to one year or with a fine or both.

LMPC – Director Nomination

Section 49(2) of the Legal Metrology Act, 2009, permits a company/firm by way of order in writing to nominate anyone of its directors as the person to exercise all powers and take all necessary steps or expedient to prevent the commission by the company of any offense under this Act. The person shall be responsible in respect of establishment, branch or unit. A company may give notice to the Director or the Controller or the legal metrology officer. Also, if a company has different units, establishments, or branches, different persons nominated for each unit will be responsible for that particular unit, establishment, or branch.

As per sub-section (7) of the Act, the company includes body corporates, firms, and associations of persons, whereas, directors with a firm means a partner in a firm. However, it must be noted that the above-mentioned person(s) shall reap the same benefits as by the nominated directors of the company. Further, section 49(7) keeps out all the nominated directors, honorary directors, and Govt. nominated directors from the list.

LMPC – Custom Shipment – NOC

The import of weight and measure instruments/devices/items is regulated by the Legal Metrology Department. It is important to note that weight and measure items shall comply with the metric system given in the Legal Metrology Act. Further, the import of a pre-packed commodity comes under the preview of Packaged Commodity rules, 2011, before making any import of the pre-packed commodity, such commodity should have a certain mandatory declaration on its package. In case the goods are imported without such declarations, one can apply for NOC for temporary completion of import without facing any penalties. A person can face a penalty of non-compliance with laws while importing any commodity under the legal metrology act, therefore one shall apply for a No Objection Certificate from the authorized department to avoid such penalty.

LMPC – Audit for Compliance

The Act of Legal Metrology replaced the Standards and Weight Measurements Act in the year 2009. Its main objective is to protect the interest of the consumers, establish and enforce standards of weight and measure items, regulate trade and commerce in weights, measures, and other goods that are sold or distributed by weight, measure, or number. After reading the importance of Legal Metrology in today’s scenario, the manufacturer/importer/ packer/ dealer/ repairer shall comply with standards set by the department of Metrology. It is mandatory to follow all the compliances in case of weight & measure items or pre-packaged commodities.

LMPC Registration – Documents Required

for Manufacturer/Packer/Importer:-

1. Photographs, Identity and Address proof of the applicant/partners/director, as the case may be.
2. Proof of the Date of Birth of applicant/partners, as the case may be.
3. Ownership or tenancy document of the business premises.
4. Location map of business premises.
5. Partnership deed, in case of partnership firms.
6. Certificate of Incorporation, MOA and AOA of the company.
7. Model approval certificate, issued by the Director, Legal Metrology, Government of India, if required under Legal Metrology General Rules, 2011 with respect to the proposed weighing and measuring instrument.
8. No objection Certificate from pollution control Board, especially in Taj Trapezium Zone.
9. List of machinery and tools.
10. Affidavit to state that applicant would adhere to the Legal provisions and the directions issued by the Controller.
11. Affidavit to state that applicant had neither been punished by any Court nor is any criminal proceeding pending in any court.
12. Registration document of factory/shop/establishment/municipal trade license, as the case maybe
13. Copy of GST Registration.
14. Copy of PAN of the firm/company.

for Dealer:-

1. Identity & Residential Proof.
2. Two Passport sizes.
3. Letter of Consent from the Manufacturer who wishes to appoint you as a Dealer
4. Manufacturing Licence if you intend to import weights & measures from outside the State.
5. Model Approval Certificate of weights and measures to be dealt with.
6. Documentary proof of ownership / Lease agreement of Premises.
7. GST Registration / Professional Tax / Labour Licence.

for Repairer:-

1. Identity proof.
2. Two Passport size
3. Certificate of Registration of Industry
4. NOC from Competent Authority.
5. Document proof of Ownership / Lease Agreement of Premises.
6. Constitution in case of proprietorship/partnership firm. Registered document in case of Company register Certificate under Companies Act along with a copy of Article of Association and Memorandum of Association.
7. Employee Copies of Appointment Letters with photographs, Qualification and Experience Certificate, if any;
8. Machinery, Tools and Accessories list with purchase bill.
9. Test weights purchase bill in case of new Verification Certificate.
10. GST Registration Certificate.
11. Professional Tax Registration Certificate
12. Valid Labour Licence.