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ascgroup1 · 1 year ago

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Legal Metrology Registration & LMPC Certificate Consultant

LMPC Certificate|Legal Metrology Registration

LMPC certificate stands for Legal Metrology packaged commodities is mandatory for every business that deals in manufacturing, selling, distributing, importing and packing of Pre-Packaged Commodities It is also called the Importer's License. The main purpose behind the LMPC registration is to ensure that pre-packaged goods imported into India comply with the Legal Metrology (Packaged Commodities) Rules, 2011. Importers may face huge penalties and result in shipment stoppage at customs in case of noncompliance under legal Metrology. The customs authorities have become strict in checking whether the legal metrology compliances by the importers have been fulfilled or not. Read on to learn about the benefits, documents required, registration fees, penalties for noncompliance and registration process of the LMPC registration.

What is LMPC Certificate for import? Or What is LMPC Registration?

The LMPC certificate for import, or Legal Metrology Packaged Commodity, is a certification that identifies commodities that have been packaged by a third party before they become commercially available. The packaging process can include everything from vacuum sealing and shrink wrapping to product development and shelf-life testing. The Department of Consumer Affairs grants an LMPC import license. When an importer applies for the LMPC registration, the Director of Legal Metrology will register the name and Address of the importer in the legal metrology Database and grant the LMPC certificate for import. What are Pre-Packaged Commodities Pre-Packaged commodities are the goods that are packed (sealed or Unsealed) without the end consumer being present, and hence the contents present inside the package are pre-determined.

Pre-packaged Commodities that are covered under the Legal Metrology of Packaged commodities are:

1. Tea and Coffee 2. Cooking oils Milk and Detergent powders Soaps. 3. Paint, Varnish, Enamels. 4. Cement in Bags. 5. Biscuits, Bread, Baby food. 6. Soft drinks and other non-alcoholic Beverages. 7. Mineral Water and Drinking water. 8. Rice Flour, Wheat Flour, Suji, Rawa.

Documents required for LMPC registration Or LMPC Certificate

1. DSC is mandatory for authorised signatory.

2. Residential proof like Aadhaar, voter ID or Passport.

3. MCD/NDMC/DDA License for trade/ manufacture/ Factory. (In case an. applicant doesn't possess the MCD license, an undertaking in the form of an affidavit has to be submitted confirming that the business premises is not located in a non-conforming area and is not likely to be sealed by the MCD. 4. GST registration.

5. Label/ Packaging material/ Slip/ Sticker being pasted on the packaged commodity.

6. Memorandum of Association of the Company, Partnership deed in respect of Partnership firms. 7.Import-Export Code (IEC certificate).

8. Passport size photograph (all Directors/all Partners/Proprietor).

9. Proof of commercial area.

10. Receipt of Offenses for which challenged and whether it is compounded.

How to Apply Online for an LMPC Certificate?

Step 1: Submit the application form to the director of Metrology. To apply online for an LMPC import license, you must first submit an application form. The application form must be submitted to the director of Metrology at your local government unit. You can find the director of Metrology's contact information on the Metrology Council website.

Step 2: Submit the documents required for LMPC registration. If you are applying for an LMPC certificate, you will need to submit a copy of your business permit and a copy of your current license to operate as a merchant or store owner. You will also need to submit documents verifying that you have paid all city and provincial taxes in the past two years (if applicable), along with any other documents that the Director of Metrology may request.

Step 3: Submit the LMPC registration fees. Once you've submitted all required documents and paid the applicable fees, you can expect your LMPC certificate within 7-10 working days (depending on when your application is received). Once you have submitted your application, it will be forwarded to the director of Metrology for review. The director will then contact you via email to let you know if your application has been accepted or not. If accepted, you will be sent an approval call which will include more details about the course and how much it costs.

Note: In case of incomplete/incorrect details, The application will be returned to the applicant entity within 7 days of receiving it.

Information to be included on the package. According to the Department of Consumer Affairs, you are not permitted to manufacture, Affairs, you are not permitted to manufacture, market, sell, Import, pack, or distribute prepackaged goods without mentioning certain information on the outer package.

1. Maximum Retail Price (inclusive of GST).

2. Date of manufacturing/packing/import.

3. Generic name of the product.

4. Date of expiry in case of food items.

5. Net contents in terms of weights/ volume/ length.

6. Details of the consumer care.

7. Country of origin for imported goods.

8. Quantities in which packing is made, i.e., below 5g, 5g, 10g, 20g, etc. Declarations to be made in the LMPC certificate for import. Following declarations must be made by the importers While registering for a Legal metrology certificate.

Importers who fail to declare the following are ineligible to apply for LMPC registration.

1. Whether the packing is made in standard quantities as specified in Rule 5 of Legal Metrology (Packaged Commodities Rules, 2011).

2. Whether the package is a combination package or group package, or a multi-piece package.

3. Whether the package is a retail package or a wholesale package.

4. Whether the package contains perishable commodities or food items.

5. Whether the packed items will also be exported out of the country.

6. Whether the items are being packed for specific industries only as raw material.

7. Whether the package contains fast food items.

8. Whether the package contains any schedule/ non-scheduled formulations. covered under the Drugs (price control) order or any agricultural farm products of 50kg and above.

9. Whether the shop/factory/premises is owned/rented.

10. Have your premises been last inspected by the inspector of the W & M Department?

11. Whether your firm has been challenged during the last three years for violating Weights & Measures laws. If Yes, the date of challan etc.?

12. Offenses for which challenged and whether it is compounded or not. LMPC Registration Fees.

Benefits of Obtaining an LMPC Certificate for Import

1. Simplifies and Promotes Importing. The LMPC certificate is a document that certifies that you have completed the legal metrology course. It has been designed to enhance India's trade, finance, and export sectors. It makes it easier to import goods to India.

2. Promotes the welfare of the consumers. Proper accuracy in weights and measurements is crucial in promoting the welfare of customers. That way, the consumers are protected from the illegal practices of selling underweight products, and they actually get the same amount of product at that price as mentioned on the package.

3. Prevents Import of illegal goods. The Legal Metrology Act is accountable for controlling any illegal or unethical trade practices. This act aims to ensure that all commercial transactions of packaged commodities are genuine.

4. Saves Importing Costs and Time. Importer's license or LMPC license consists of all the information about the weights and properties of packaged goods. It saves tons of time during the customs clearance of packaged commodities. The LMPC certificate for import accelerates the customs process, avoids unnecessary delays, and saves from penalties. Thus saving importing time and expense.

5. Builds trust between seller and Buyer. Customers always seek to purchase products that meet the specifications mentioned on the package. Properly checking the weight and measurements of goods by a trusted authority creates a sense of customer satisfaction. That's why LMPC-certified vendors are trusted by their customers.

Validity of LMPC Certificate The Validity of an LMPC registration is five years. The LMPC import license must be renewed before the expiry period to avoid hassle during customs clearance. Exemptions under LMPC rules. The following are not considered to be a legal compulsion for having an LMPC certificate for import:. - Commodities have a net weight of 10 gms or 10 ml or less. - Agricultural products packed in weights greater than 50 kg. - Packages containing fast food items packed by a hotel or restaurant. - Formulation-containing packages authorized by the Drugs (Price Control) Order, 1995. - Packaged goods targeted for institutional consumers( those who purchase the products directly from the manufacturer for use in that business) or service institutions such as airways, railways, hotels and hospitals. - Packages containing goods weighing more than 25 kg or 25 litres, with the exception of cement or fertilizer sold in bags weighing up to 50 kg. Penalties for Non-compliance. A late fee of Rs. 5000( for Delhi) will be incurred if your application for an LMPC import license is submitted more than 90 days after the importation process begins. Importers, packers, manufacturers, and dealers who violate the established norms of measurements and weights may be subject to a fine of up to 10,000 or a year in jail. If an importer, packer or manufacturer violates section 11 of the LMPC Act, they can be fined up to $10,000 or serve a year in prison.

If an importer, packer or manufacturer delivers quantities that are less than what the end-user has paid for, they can be fined up to $10,000 or serve a year in prison. Importing any weight or measure is only allowed by an importer certificate under section 19 of the Legal Metrology Act, 2009. The customs authorities are getting stricter regarding this law, and business owners need to get an importer certificate before importing any weight or measure. Manufacturers and importers who fail to submit annual returns will be fined $5,000 or spend a year in jail. If the label on the product has an unverified weight, then the importer will also be penalized. Importers, sellers, distributors, and manufacturers who make a sale of products that do not have an LMPC declaration on the packaging will be penalized by a fine of $2,000 to $10,000 or spend a year in jail or both. Your Partner in LMPC Registration.

#LMPC Certificate #Legal metrology certificate #legal metrology registration

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asc-certification · 1 year ago

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LMPC Certificate | Legal Metrology Registration

Importers may face huge penalties and result in shipment stoppage at customs in case of noncompliance under legal Metrology. The customs authorities have become strict in checking whether the legal metrology compliances by the importers have been fulfilled or not. Read on to learn about the benefits, documents required, registration fees, penalties for noncompliance and registration process of the LMPC registration.

What is LMPC Certificate for import? Or What is LMPC Registration?

The Department of Consumer Affairs grants an LMPC import license. When an importer applies for the LMPC registration, the Director of Legal Metrology will register the name and Address of the importer in the legal metrology Database and grant the LMPC certificate for import.

What are Pre-Packaged Commodities

Pre-Packaged commodities are the goods that are packed (sealed or Unsealed) without the end consumer being present, and hence the contents present inside the package are pre-determined.

Pre-packaged Commodities that are covered under the Legal Metrology of Packaged commodities are:

Tea and Coffee

Cooking oils Milk and Detergent powders Soaps.

Paint, Varnish, Enamels.

Cement in Bags.

Biscuits, Bread, Baby food.

Soft drinks and other non-alcoholic Beverages.

Mineral Water and Drinking water.

Rice Flour, Wheat Flour, Suji, Rawa.

Documents required for LMPC registration Or LMPC Certificate

DSC is mandatory for authorised signatory.

Residential proof like Aadhaar, voter ID or Passport.

MCD/NDMC/DDA License for trade/ manufacture/ Factory. (In case an. applicant doesn't possess the MCD license, an undertaking in the form of an affidavit has to be submitted confirming that the business premises is not located in a non-conforming area and is not likely to be sealed by the MCD.

GST registration.

Label/ Packaging material/ Slip/ Sticker being pasted on the packaged commodity.

Memorandum of Association of the Company, Partnership deed in respect of Partnership firms.

Import-Export Code (IEC certificate).

Passport size photograph (all Directors/all Partners/Proprietor).

Proof of commercial area.

Receipt of Offenses for which challenged and whether it is compounded.

How to Apply Online for an LMPC Certificate?

Step 1: Submit the application form to the director of Metrology.

To apply online for an LMPC import license, you must first submit an application form. The application form must be submitted to the director of Metrology at your local government unit. You can find the director of Metrology's contact information on the Metrology Council website.

Step 2: Submit the documents required for LMPC registration.

If you are applying for an LMPC certificate, you will need to submit a copy of your business permit and a copy of your current license to operate as a merchant or store owner. You will also need to submit documents verifying that you have paid all city and provincial taxes in the past two years (if applicable), along with any other documents that the Director of Metrology may request.

Step 3: Submit the LMPC registration fees.

Once you've submitted all required documents and paid the applicable fees, you can expect your LMPC certificate within 7-10 working days (depending on when your application is received). Once you have submitted your application, it will be forwarded to the director of Metrology for review.

The director will then contact you via email to let you know if your application has been accepted or not. If accepted, you will be sent an approval call which will include more details about the course and how much it costs. Note: In case of incomplete/incorrect details, The application will be returned to the applicant entity within 7 days of receiving it.

Information to be included on the package.

According to the Department of Consumer Affairs, you are not permitted to manufacture, Affairs, you are not permitted to manufacture, market, sell, Import, pack, or distribute prepackaged goods without mentioning certain information on the outer package.

Maximum Retail Price (inclusive of GST).

Date of manufacturing/packing/import.

Generic name of the product.

Date of expiry in case of food items.

Net contents in terms of weights/ volume/ length.

Details of the consumer care.

Country of origin for imported goods.

Quantities in which packing is made, i.e., below 5g, 5g, 10g, 20g, etc. Declarations to be made in the LMPC certificate for import.

Following declarations must be made by the importers While registering for a Legal metrology certificate.

Importers who fail to declare the following are ineligible to apply for LMPC registration.

Whether the packing is made in standard quantities as specified in Rule 5 of Legal Metrology (Packaged Commodities Rules, 2011).

Whether the package is a combination package or group package, or a multi-piece package.

Whether the package is a retail package or a wholesale package.

Whether the package contains perishable commodities or food items.

Whether the packed items will also be exported out of the country.

Whether the items are being packed for specific industries only as raw material.

Whether the package contains fast food items.

Whether the package contains any schedule/ non-scheduled formulations. covered under the Drugs (price control) order or any agricultural farm products of 50kg and above.

Whether the shop/factory/premises is owned/rented.

Have your premises been last inspected by the inspector of the W & M Department?

Whether your firm has been challenged during the last three years for violating Weights & Measures laws. If Yes, the date of challan etc.?

Offenses for which challenged and whether it is compounded or not. LMPC Registration Fees.

Benefits of Obtaining an LMPC Certificate for Import

Simplifies and Promotes Importing. The LMPC certificate is a document that certifies that you have completed the legal metrology course. It has been designed to enhance India's trade, finance, and export sectors. It makes it easier to import goods to India.

Promotes the welfare of the consumers. Proper accuracy in weights and measurements is crucial in promoting the welfare of customers. That way, the consumers are protected from the illegal practices of selling underweight products, and they actually get the same amount of product at that price as mentioned on the package.

Prevents Import of illegal goods. The Legal Metrology Act is accountable for controlling any illegal or unethical trade practices. This act aims to ensure that all commercial transactions of packaged commodities are genuine.

Saves Importing Costs and Time. Importer's license or LMPC license consists of all the information about the weights and properties of packaged goods. It saves tons of time during the customs clearance of packaged commodities. The LMPC certificate for import accelerates the customs process, avoids unnecessary delays, and saves from penalties. Thus saving importing time and expense.

Builds trust between seller and Buyer. Customers always seek to purchase products that meet the specifications mentioned on the package. Properly checking the weight and measurements of goods by a trusted authority creates a sense of customer satisfaction. That's why LMPC-certified vendors are trusted by their customers.

Validity of LMPC Certificate

The Validity of an LMPC registration is five years. The LMPC import license must be renewed before the expiry period to avoid hassle during customs clearance. Exemptions under LMPC rules.

The following are not considered to be a legal compulsion for having an LMPC certificate for import:.

- Commodities have a net weight of 10 gms or 10 ml or less.

- Agricultural products packed in weights greater than 50 kg.

- Packages containing fast food items packed by a hotel or restaurant.

- Formulation-containing packages authorized by the Drugs (Price Control) Order, 1995.

- Packaged goods targeted for institutional consumers( those who purchase the products directly from the manufacturer for use in that business) or service institutions such as airways, railways, hotels and hospitals.

- Packages containing goods weighing more than 25 kg or 25 litres, with the exception of cement or fertilizer sold in bags weighing up to 50 kg. Penalties for Non-compliance.

A late fee of Rs. 5000( for Delhi) will be incurred if your application for an LMPC import license is submitted more than 90 days after the importation process begins.

Importers, packers, manufacturers, and dealers who violate the established norms of measurements and weights may be subject to a fine of up to 10,000 or a year in jail. If an importer, packer or manufacturer violates section 11 of the LMPC Act, they can be fined up to $10,000 or serve a year in prison.

If an importer, packer or manufacturer delivers quantities that are less than what the end-user has paid for, they can be fined up to $10,000 or serve a year in prison.

Importing any weight or measure is only allowed by an importer certificate under section 19 of the Legal Metrology Act, 2009.

The customs authorities are getting stricter regarding this law, and business owners need to get an importer certificate before importing any weight or measure.

Manufacturers and importers who fail to submit annual returns will be fined $5,000 or spend a year in jail. If the label on the product has an unverified weight, then the importer will also be penalized.

Importers, sellers, distributors, and manufacturers who make a sale of products that do not have an LMPC declaration on the packaging will be penalized by a fine of $2,000 to $10,000 or spend a year in jail or both. Your Partner in LMPC Registration. The LMPC registration process involves a tons of statements and information to be included. It is advised to seek an expert to apply for an LMPC certificate to avoid the cancellation of registration.

#finance #LMPC #lmpcregistration #legalmetrology #legal metrology registration online #registration

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bis-certification · 2 years ago

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Simple Way to Obtaining the LMPC Registration Process

All pre-packaged commodities imported into India shall confirm to the requirements of the Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011.

Under the Legal Metrology (Packaged Commodities) Rules, 2011, the importer of pre-packaged commodity should be registered under Rule 27. The registration will be done by the Director or controller of Legal Metrology of the State and the registration Fees is INR 500 only however the other incidental expenses are additional.

Wherever the requirements of labelling are given in FSSA (Food Safety & standards Act 2006) in respect of food items, the labelling requirements under FSSA shall prevail over labelling requirements of Legal Metrology. Every unit of weight or measure shall be in accordance with the metric system based on the international system of units.

Application for Registration of Importers under Rule 27 of the Legal Metrology (Packaged Commodities) Rules, 2011

Key points to be remembered while submitting the application form

· Online Fees for Manufacturer Rs. 500/-, Repairer Rs. 100/-, Dealer Rs. 100/-, Importers Rs. 500/-, Packers Rs.500/-

· All documents should be self-attested and uploaded in pdf file. The size of the pdf file should not be more than 2 MB

· If your file is more than 2 MB please reduce pdf file size

· Passport size photograph should be uploaded in .jpg format only

· If Date of commencement of pre-packing/import is more than 90 days ago which is a violation of 27/32.You have to deposit late fee of Rs. 5000/-(per Director + one company)

· Mandatory Documents to be uploaded

· Licence for trade / manufacture / Factory / Lal Dora certificate from MCD/NDMC/DDA etc. In case the MCD licence is not available with the applicant, an undertaking in the form of affidavit is to be submitted that the business premises is not located in non-conforming area and / or is not likely to be sealed by the MCD or relocated

· Residential Address proof of the proprietors/directors/partners like voter ID card, passport etc

· GST/Sales Tax registration

· Packing material / Slip /Sticker/ Label which is being pasted on the packages

· Memorandum of Association of the Company, Partnership deed in respect of Partnership firms

· Import-Export Code

· Passport size photograph (all Directors/all Partners/Proprietor)

After submitting the complete application by the applicant along with the requisite fee, the concerned LMO of the concerned Zone visits the premises of the applicant and if the functioning of the firm found as per guidelines of the department, he recommends the application for granting the license / registration to the competent authority through the concerned Zonal officer. Thereafter the competent authority after scrutinizing grants its approval / rejection. On grant of license, automatic SMS alert and e-mail is sent to the applicant on registered mobile number. Applicant can print LMPC license / registration certificate digitally signed by the competent authority online.

Downloads:

Download sample for Legal Metrology

#LMPC Registration Process #lmpc registration #Legal metrology Registration

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ikargos · 3 years ago

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Legal Metrology Packaged Commodities LMPC Registration

Have some time in Hand? Read on!

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

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 license? Fill up this form, or click here or call Kapish at +91-9971770603 & +91-98916 53136

#legal metrology registration #lmpc certificate #lmpc license #lmpc registration

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jhasravi · 5 years ago

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Dated: 15.02.2020

Requirement of LMPC Registration by India Customs to clear Packaged Commodities IN/TO India- under the Metrology provisions

All pre-packaged commodities imported into India shall confirm to the requirements of the Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011.

Wherever the requirements of labeling are given in FSSA (Food Safety & standards Act 2006) in respect of food items, the labeling requirements under FSSA shall prevail over labeling requirements of Legal Metrology. Important sections of legal metrology Act 2009. Every unit of weight or measure shall be in accordance with the metric system based on the international system of units.

The base unit of – (i) Length shall be the meter; (ii) Mass shall be the kilogram; (iii) Time shall be the second; (iv) Electric current shall be the ampere; (v) Thermodynamic temperature shall be the Kelvin; (vi) Luminous intensity shall be the candela; and (vii) Amount of substance shall be the mole.

The specifications of the base units mentioned sub-section, derived units and other units shall be such as may be prescribed. The base unit of numeration shall be the unit the international form of Indian numerals. Every numeration shall be made in accordance with the decimal system. The decimal multiples and sub-multiples of the numerals shall be of such denominations and be written in such manner as may be prescribed.

No person shall, in relation to any goods, things or service,- a. Quote, or make announcement of, whether by word of mouth or otherwise, any price or charge, or b. Issue or exhibit any price list, invoice, cash memo or other document, or c. Prepare or publish any advertisement, poster or other document, or d. Indicate the net quantity of a pre-packaged commodity, or e. Express in relation to any transaction or protection, any quantity or dimension, otherwise than in accordance with the standard unit of weight, measure or numeration.

The provisions of sub-section (1) shall not be applicable for export of any goods, things or service. Whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers exposes or possesses for sale, or causes to be sold distributed, delivered or otherwise transferred offered exposed for sale any pre-packed commodity which does not conform to the declarations on the package as provided in this act, shall be punished with fine which may extend to twenty-five thousand rupees, for the second offence, with fine which may extend to fifty thousand rupees and for the subsequent offence, with fine which shall not be less than fifty thousand rupees but which may extend to One Lakh Rupees or with imprisonment for a term which may extend to one year or with both.

Whoever manufactures or packs or imports or causes to be manufactured or packed or imported, any pre-packaged commodity, with error in pet quantity as may be prescribed shall be punished with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees and for the second and subsequent offence, with fine which may extend to One Lakh Rupees or with imprisonment for a term which may extend to one year or with both.

The provisions of this Act, in so far as they relate to verification and stamping of weights and measures, shall not apply to any weight or measure,-

(a) Used in any factory exclusively engaged in the manufacture of any arms, ammunition or both, for the use of the Armed Forces of the Union; (b) Used for scientific investigation or for research: (c) Manufactured exclusively for export.

Important Extract from Legal Metrology (Packaged Commodities) Rules, 2011 (MRP Declaration)

“retail package” means the packages which are intended for retail sale to the ultimate consumer for the purpose of consumption of the commodity contained therein and includes the imported packages- Provided that for the purposes of this clause, the expression ‘ultimate consumer’ shall not include industrial or institutional consumers

Declarations to be made on Every Package- The name and address of the manufacturer, or where the manufacturer is not the packer, the name and address of the manufacturer and packer and for any imported package the name and address of the importer shall be mentioned on every package.

Explanation – III

In respect of packages containing articles, the provisions of this sub rule shall not and instead, the requirement of the Prevention good Adulteration Act, 1954 (37 of 1954) and the made there under shall apply.

The common or generic names of the commodity contained in the package and in case of packages more than one product, the name and number of quantity of each product shall be mentioned on package.

The net quantity, in terms of the standard unit of light or measure, of the commodity contained in package or where the commodity is packed or by number, the number of the commodity contained in the package shall be mentioned. (d) The month and year in which the commodity is manufactured or pre-packed or imported shall be mentioned in the package.

Provided that for packages containing food articles, provisions of the Prevention of Food Adulteration Act 1954 (37 of 1954) and the rules made there under shall apply;

Provided further that nothing in this sub-clause shall apply in case of packages containing seeds which be labeled and certified under the provisions of the seeds Act 1966 (54 of 1966) and the rules made there under;

Provided that a manufacturer may indicate the month and year using a rubber stamp without overwriting.

Provided also that for packages containing cosmetic products, the provisions of the Drugs and Cosmetics Rules, 1945 shall apply.

(e) The retail sale price of the package;

Provided that for packages containing alcoholic averages or spirituous liquor, the State Excise Laws and the rules made there under shall be applicable within the state in which it is manufactured and where the state excise laws and rules made there under do not provide for declaration of retail sale price, the provisions of these rules shall apply.

(f) Where the sizes of the commodity contained in a package are relevant, the dimensions of the commodity contained in the package and if the dimensions of the different pieces are different, the dimensions of the each such different piece shall be mentioned.

(g) Such other matter as are specified in these rules:

Provided that:

(A) No declaration as to the month and year in which the commodity is manufactured or pre-packed shall be required to be made on-

i) Any package containing Bidis or incense sticks;

ii) Any domestic liquefied petroleum gas cylinder 14.2 kg or 5 kg, bottled and marketed by a public sector undertaking;

(B) Where any packaging material bearing thereon the month in which any commodity was expected to have been pre-packed is not exhausted during that month, such packaging material may be used for pre-packing the concerned commodity produced or manufactured during the next succeeding month and not thereafter, but the Central Government may, if it is satisfied that such packaging material could not be exhausted during the period aforesaid by reason of any circumstance beyond the control of the manufacturer or packer as the case may be extend the me during which such packaging material may be used and where any such packaging material is exhausted before the expiry of the month indicated thereon, the packaging material intended to be used during the next succeeding month may be used for pre-packaging the concerned commodity.

Provided that the said provision shall not apply to the packages containing food products, where the ‘Best before or Use before’ period is ninety days or less from the date of manufacture or packing.’

i) Any package containing Bidi;

ii) Any domestic liquefied petroleum gas cylinder of which the price is covered under the Administrative Price Mechanism of the Government.

Explanation I: The month and the year in which commodity is pre-packed may be expressed either in words, or by numerals indicating the month and the year, or by both.

Explanation II: Liquid milk does not include condensed milk.

(2) Every package shall bear the name, address, telephone number, e-mail address, if available, of the person who can be or the office which can be, contacted, in case of consumer complaints.

(3) It shall not be permissible to affix individual stickers on the package for altering or making declaration required under these rules:

Provided that for reducing the Maximum Retail Price (MRP), a sticker with the revised lower MRP (inclusive of all taxes) may be affixed and the same shall not cover the MRP declaration made by the manufacturer or the packer, as the case may be, on the label of the package.

(4) It shall be permissible to use stickers for making any declaration other than the declaration required to be made under these rules.

(5) Where a commodity consists of a number of components and these components are packed in two or more units, for sale as a single commodity, the declaration required to be made under sub-rule (1) shall appear on the main package and such package shall also carry information about the other accompanying packages or such declaration may be given on individual packages and intimation to that effect may be given on the main package and if the components are sold as spare parts, all declarations shall be given on each package.

(6) Any packaging material or wrapper which could not be exhausted by the manufacturer or packer, may be used for packing of the material up to 30th September, 2011 or till such date the packaging material or wrapper is exhausted, whichever is earlier, after making corrections required under these rules by way of stamping, or putting sticker or on-line printing, as the case may be.

(7) Declaration of Name and Address of the Manufacturer, etc.

(1) Subject to the provisions of rule 6, every package kept, offered or exposed for sale or sold shall bear conspicuously on it, the name and complete address of the manufacturer, or where the manufacturer is not the packer, the name and address of the manufacturer and the packer and in case of imported packages, the name and address of the importer: Provided that for packages of capacity 5 cubic cm or less, it shall be a sufficient compliance of this sub- rule, if a mark or inscription which would enable the consumer to identify the manufacturer or packer or the importer, as the case may be, is made on the package: Provided further that where any commodity manufactured outside India is packed in India, the package shall also contain on the principal display panel the name and complete address of the packer or the importer in India.

Explanation – In this sub-rule, ‘complete address’ means, the postal address at which the factory is situated, and in any other case, the name of the street, number (if any) assigned to the premises of the manufacturer or packer and either the name of the city and State where the business is carried on by the manufacturer or packer or the Postal Index Number [PIN] Code so that a consumer can identify and locate the manufacturer or packer or importer, as the case may be.

(2) The name of the manufacturer or packer or importer shall be the actual corporate name, or if not incorporated, the name under which the business is conducted by such manufacturer or packer or importer in India.

11. Provisions Relating to Wholesale Dealer and Retail Dealers

(1) No wholesale dealer or retail dealer or importer shall sell, distribute, deliver, display or store for sale any commodity in the packaged form unless the package complies with in all respects, the provisions of the Act and these rules.

(2) No retail dealer or other person including manufacturer, packer, importer and wholesale dealer shall make any sale of any commodity in packed form at a price exceeding the retail sale price thereof

(3) Where, after any commodity has been pre-packed for sale, any tax payable in relation to such commodity is revised, the retail dealer or any other person shall not make any retail sale of such commodity at a price exceeding the revised retail sale price, communicated to him by the manufacturer, or where the manufacturer is not the packer, the packer, as the case may be, to indicate by not less than two advertisements in one or more newspapers and also by circulation of notices to the dealers and to the Director in the Central Government and controllers of Legal Metrology in the States and Union Territories, the revised prices of such packages but the difference between the price marked on the package and the revised price shall not, in any case, be higher than the extent of increase in the tax or in the case of imposition of fresh tax higher than the fresh tax so imposed;

Provided that publication in any newspaper, of such revised price shall not be necessary where such revision is due to any increase in, or imposition or, any tax payable under any law made by the State Legislation:

Provided further that the retail dealer or other person, shall not charge such revised prices in relation to any packages except those packages which bear marking indicating that they were pre-packed in the month in which such tax has been revised or fresh tax has been imposed or in the month immediately following the month aforesaid;

Provided also that where the revised prices are lower than the price marked on the package, the retail dealer or other person shall not charge any price in excess of the revised price, irrespective of the month in which the commodity was pre-packed.

Nothing in sub-rule (3) shall apply to a package which is not required, under these rules to indicate the month and the year in which it was pre-packed.

No wholesale dealer or retail dealer or other person shall obliterate, smudge or alter the retail sale price, indicated by the manufacturer or the packer or the importer, as the case may be, on the package or on the label affixed thereto.

The manufacturer or packer or the importer shall not alter the price on the wrapper once printed and used for packing.

All retailers who are covered under the Value Added Tax Vat or Turn Over Tax (TOT) and dealing in packaged commodities whose net content declaration is by weight or volume or a combination thereof shall maintain an electronic weighing machine of at least accuracy class III, with smallest division of at least 1g, with facility to issue a printed receipt indicating among other things, the gross quantity, price and the like at a prominent place in their retail premises, free of cost, for the benefit of consumers and the consumers may check the weight of their packed commodities purchased from the shop on such machine.

Declarations Applicable to be made on Every Wholesale package every wholesale package shall bear thereon a legible, definite, plain and conspicuous declaration as to —

(a) The name and address of the manufacturer or importer or where the manufacturer or importer is not the packer, of the packer;

(b) The identity of the commodity contained in the package; and

(c) The total number of retail package contained in such wholesale package or the net quantity in terms of standard units of weights, measures or number of the commodity contained in wholesale package;

Provided that nothing in this rule shall apply in relation to a wholesale package if a declaration similar to the declarations specified in this rule, is required to be made on such wholesale packages by or under any other law for the time being in force.

Restrictions on Sale of Export Packages in India- An export package shall not be sold in India unless the manufacturer or packer has re-packed or re-labelled the commodity in accordance with the provisions contained in Chapter II, and where any export package is sold in India without such re-packing or re-labelling, such package shall be liable to be seized in accordance with the provisions of the Act.

Registration of Manufacturers, Packers and Importers

(1) Every individual, firm, Hindu undivided family, society, company or corporation who or which pre-packs or imports any commodity for sale, distribution or delivery shall make an application, accompanied by a fee of Rupees five hundred, to the Director or the Controller for the registration of his or its name and complete address; and every such application shall be made –

i) In the case of an applicant pre-packing or importing any commodity at the commencement of these rules, within ninety days from such commencement; or

ii) In the case of any applicant who or which commences pre-packing or importing of any commodity after the commencement of these rules, within thirty days from the date on which he or it commences such pre-packing.

Applications for registration as Packer, manufacturer and importer of packaged commodities are received in the concerned district offices of the Weights and Measures Dept and the registration will be done by the Department within 45 days of the date of receipt of the application if all the formalities are complete under the provisions contained in Rule 27 of the Legal Metrology (Packaged Commodities) Rules, 2011.

In case, the manufacturer/packer/importer which pre-packs or imports any commodity for sale, distribution or delivery fails to get itself registered under the above rule and prosecution is booked by the Department then the offence has to be compounded for which maximum fine prescribed under the Rules is Rs. 50000/- (Rupees Fifty Thousand only) per partner / Director of the firm/company as well as the firm/company itself.

If the accused fails to get its offence compounded then the case is referred to the Courts of law. Controller (W&M) is the final authority in the matters of issue of licenses and registration.

Download the Customs Notification Here:

LM National Std Rules 2019

Legal Metrology (Approval of Models) (Amendment) Rules, 2019

The Legal Metrology (Packaged Commodities) (Amendment) Rules, 2017

SOURCE: GOVT. OF INDIA, Ministry of Commerce and Industry

Connect to apply & get the LMPC Registration under Legal Metrology

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CP: Mr. Ravi Jha

Web: www.q-freight.com www.sjeximtech.com

EMAIL: [email protected]

TEL NO: +91-9999005379

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Requirement of LMPC Regn for Importing Packaged Commodity in India- Legal Metrology & Packaged Commodity Rules Dated: 15.02.2020 Requirement of LMPC Registration by India Customs to clear Packaged Commodities IN/TO India- under the Metrology provisions…

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