Legal Metrology

Overview

A Legal Metrology Certificate in India pertains to the regulation of packaging specifications for pre-packaged goods sold or distributed within the country. It encompasses various products, including food items, pharmaceuticals, and others, each subject to specific regulations outlined in their governing acts. For instance, pharmaceutical products must comply with additional standards specified in the Drugs & Cosmetics Act of 1940.

The LMPC registration, officially termed “Importer Registration under Rule 27,” is also referred to as the “Legal Metrology Certificate” or “Importer License registration under Legal Metrology.” Customs authorities may recognize it as the “LMPC Certificate” due to its mandate under the LMPC Rules, 2011.

In India, Legal Metrology covers two categories of items: products sold loose and pre-packaged items. Products sold loosely, like fruits, vegetables, and pulses, require standardized weights or measures that customers can use while present at the point of sale. Pre-packaged items already display predetermined amounts on their packaging, typically with the main display screen indicating the contents.

Under the Legal Metrology Act, 2009, pre-packaged goods are defined in Section 2, Clause (l) as commodities placed in any kind of packaging, sealed or unsealed, with a fixed amount without the presence of the customer. Essentially, pre-packaged commodities are items that are packaged with a predetermined quantity without the need for the buyer to provide a fixed amount.

Why Legal Metrology Certificated is Needed

Legal Metrology Registration is mandatory for all entities involved in the manufacture, repair, sale, purchase or import of weighing and measuring instruments or pre-packaged goods in India.

Importers of pre-packaged goods into India are required to obtain an LMPC registration certificate before importing such commodities. 

These regulations necessitate importers to make specific disclosures on pre-packaged goods. It’s crucial to obtain registration under Legal Metrology well in advance of any imports, as per DGFT’s notification No. RE-44 of 2000. Customs authorities are empowered to verify importer compliance with Legal Metrology requirements, and failure to comply may result in import shipments being halted.

Types of LMPC Cerificate

LMPC Importer Registration under Rule 27: Importers who bring pre-packaged commodities into India and sell them without further packaging or labeling must register as LMPC importers under this rule.

LMPC Packer & Manufacturer Registration under Rule 27: Entities involved in manufacturing and packaging items themselves, or purchasing goods from a third party and packaging them under their own name, are required to apply for registration under this rule.

Benefits 

Obtaining an LMPC Certificate or license offers several benefits:

Promotes Trade: The LMPC certificate serves as documentation attesting to compliance with legal metrology requirements, thereby facilitating trade and promoting India’s export and finance sectors. It simplifies the import of commodities into India.

Consumer Welfare: Precise weights and measures mandated by the LMPC Certificate ensure consumer welfare by protecting them from unethical practices such as underweight selling. Consumers receive the exact quantity of goods at the price indicated on the packaging.

Prevents Sale of Illegal Goods: The LMPC Certificate ensures compliance with the Legal Metrology Act, preventing the sale of illegal or unethical goods. It ensures the authenticity of all packaged goods transactions, thereby upholding legal standards.

Saves Costs and Time: LMPC import license provides detailed information on the weights and characteristics of packaged goods, streamlining customs clearance processes and saving time. It expedites customs procedures, prevents delays, and protects against fines, thus saving money and time on imports.

Trust between Seller and Buyer: Consumers trust goods that meet LMPC requirements listed on the packaging. Accurate weighing and measuring by a reliable authority enhance customer satisfaction and build trust between sellers and buyers. LMPC-certified providers are trusted by consumers due to adherence to quality standards.

The due date of LMPC Registration

LMPC Registration must be completed within 90 days of commencing pre-packaging activities, as per the LMPC Rules. Makers, packers, and importers involved in the sale, delivery, and distribution of pre-packaged commodities are required to acquire a Packaged Commodity Registration within this timeframe.

Late applications for LMPC certificates submitted more than 90 days after the commencement of pre-packaging activities or importation process began, as per the Legal Metrology (Packaged Commodities) Amendment Rules, 2017, will incur a late fee of Rs. 5,000.

Legal Metrology Certificate Registration Process

Step 1: Submission of Application for LMPC – Submit the LMPC application form to the Department of Legal Metrology in your state. Ensure all required information is provided accurately to avoid delays or rejections.

Step 2: Submission of Documents – Submit copies of all required documents for LMPC registration, ensuring they are filed accurately and updated. Corpbiz offers comprehensive support with document submission for hassle-free processing.

Step 3: Payment of LMPC Registration Fees – Pay the required LMPC registration fees as directed by the appropriate authorities. Packers are typically required to pay a registration fee of Rs. 500 for the fiscal year 2023-24 through online channels.

Step 4: Application Review – Your LMPC registration application undergoes a thorough assessment supervised by the Director of Legal Metrology in Delhi. Watch for email notifications regarding the status of your application. Incomplete or erroneous applications will be promptly returned for correction within seven days.

Step 5: Inspection of Premises –  If your application passes the initial review, an inspector will conduct an on-site examination of your premises to ensure compliance with packaging and weighing procedures as per regulatory requirements outlined in the Legal Metrology Act and Rules.

Step 6: Submission of Inspection Report – The inspector provides a detailed report outlining findings from the inspection, including any recommendations for improvements to achieve or maintain compliance with legal metrology standards.

Step 7: Issuance of LMPC Certificate – Based on the inspection report and demonstrated compliance with legal metrology regulations, your application proceeds for the issuance of the LMPC certificate. Upon approval, you receive the LMPC certificate, granting you the legal authority to package and sell goods in compliance with established guidelines. The LMPC registration is valid for five years and must be renewed thereafter by submitting a renewal application to the Department of Legal Metrology.

The LMPC Registration Process applies to various entities involved in the production, import, export, distribution, or sale of packaged goods. Compliance with legal metrology laws ensures that packaged goods meet stringent requirements for volume, weight, quantity, labeling, and other specifications.

The following individuals may need to apply for LMPC Registration or packaged commodity registration to ensure compliance with legal metrology regulations:

• Manufacturers:  Businesses manufacturing packaged goods are typically required to ensure compliance with legal metrology requirements and obtain packaged commodity registration before releasing products into the market.
• Retailers and Packers: Retailers selling pre-packaged products and businesses involved in packing or repackaging goods for sale must ensure compliance with labeling, quantity laws, and legal metrology regulations.
• Distributors and Wholesalers: Entities engaged in the distribution and wholesale of packaged goods may need to adhere to legal metrology requirements and the LMPC Act before delivering products to retailers or customers.
• Service Providers:  Some service providers involved in packaging or repackaging products for sale may also need to comply with legal metrology regulations and obtain LMPC registration.

It’s essential for businesses dealing with packaged goods to understand the specific legal metrology requirements in the regions where they operate. Obtaining necessary certifications, adhering to labeling guidelines, ensuring precise measurements, and regularly renewing registrations are common compliance practices, with LMPC certification being mandatory for certain individuals and organizations.

The Important guidelines for LMPC Registration

To ensure compliance with LMPC regulations in India, merchants must adhere to specific guidelines outlined by the Legal Metrology Act. These guidelines, particularly articulated in Section 47 of the Standards of Weights and Measures Act, 1976, provide directives for weight measurement procedures. Additionally, when applying for LMPC registration, merchants must follow a defined procedure. Applications for reestablishment of exporter/importer status regarding weight or measure must be directed to the Controller of Legal Metrology of the respective State or Union Territory. 

Alongside the application, a demand draft of Rs. 10/- payable to “Pay and Accounts Officer, Ministry of Consumer Affairs, New Delhi” must be submitted. It’s imperative that merchants apply only for items specified in the Legal Metrology Rules, as registration applications are limited to these designated items. Timely communication is essential, as incomplete applications must be notified to the Controller of Legal Metrology within seven days of receipt.

Once all requirements are met, applicants can expect to receive their registration certificate within ten days under the supervision of the Controller of Legal Metrology. Compliance with these guidelines ensures a smooth and lawful LMPC registration process for merchants operating in India.

The Legal Metrology (Packaged Goods) Rules, 2011, in India lay down important guidelines regarding declarations on pre-packaged goods, aiming to ensure transparency, provide customer information, and establish product legitimacy. These declarations serve various functions and are vital for compliance with regulations.

• Details of Manufacturer, Packer, or Importer: Every box must clearly display the name and address of the manufacturer, packer, or importer. This fosters trust and accountability by enabling customers to easily identify the source of the product.
• Common or Generic Name: Pre-packaged goods should be labeled with their common or generic name, which is the phrase most commonly used by consumers to identify them. For example, food products may be labeled as “biscuits” or “cookies.”
• Net Quantity: The quantity of the commodity contained within the packaging, expressed in common weight, measure, or number units, should be clearly indicated. For instance, a packet of biscuits may specify “200 grams” or “10 pieces.”
• Month and Year of Manufacture: Providing the month and year of manufacture helps customers assess the freshness of the product and determine its suitability for use or consumption.
• Maximum Retail Price (MRP): The maximum retail price should be prominently displayed, indicating the highest price at which the merchant is legally permitted to sell the goods to customers. This ensures pricing transparency and protects consumers from overcharging.

These mandatory declarations ensure that consumers are informed about the products they purchase, promote fair trade practices, and uphold consumer rights. Compliance with these rules is essential for businesses to maintain trust and credibility in the marketplace.

Exemptions under LMPC Rules

Products with Minimal Weight and Dimension: Goods weighing less than ten grams net or having a minimum dimension of 10 millimeters are exempt from LMPC certification, recognizing their small size and negligible impact on regulatory concerns.

Hotel or Restaurant-Packaged Fast-Food Products: Fast-food items packaged by hotels or restaurants fall under exemptions, acknowledging the specific nature of these products and their packaging requirements in the foodservice industry.

Drug-Covered Formulation Packages: Products covered under the Drug-covered Formulation Packages (Price Control) Order, 1995, are exempt from LMPC certification, as they adhere to separate regulations governing pharmaceutical products.

Packaged Agricultural Products: Agricultural products packaged in quantities exceeding fifty kilograms are exempt, recognizing the bulk nature of these commodities and their distinct packaging requirements.

Additionally, exemptions are specified under Chapter 2 of the Legal Metrology Act for packaged products intended for specific purposes:

Large Packages of Cement and Fertilizer: Packages weighing more than 25 kilograms or 25 liters, such as cement and fertilizer sold in bags up to 50 kilograms, are exempt from certain LMPC requirements, considering their industrial use and packaging standards.

Industrial User Packages: Products packaged specifically for industrial users, such as those intended for use in the railroad, hotel, or medical industries, are exempt from certain LMPC requirements, recognizing their specialized packaging and distribution channels.

Penalties for Non-compliance

Violations falling under Regulations 27 to 31: A penalty of Rs. 4,000 may be imposed for each violation, covering a range of offenses related to packaging, labelling, and declarations on pre-packaged goods.

Penalties for new restrictions not specified in the Act or rules: A fine of two thousand rupees may be levied for any breaches involving regulations not explicitly mentioned in the Legal Metrology (Packaged Commodity) Rules.

Delayed submission of LMPC certificate application: Importers who apply for LMPC certification online and submit their applications after 90 days from the import date may face a penalty of Rs. 5,000, emphasizing the importance of timely compliance with regulatory requirements.

In addition to monetary fines, other sanctions may be imposed for repeated violations or serious breaches of legal metrology regulations. Manufacturers or packers are typically held responsible for violations, with penalties applied accordingly. In cases where the manufacturer or packer is not specified on the consignment, the entity mentioned after the terms “manufactured by” or “packed by” will be held accountable for any infringements. These penalties serve to uphold standards of accuracy, transparency, and consumer protection within the packaged commodities sector.

How Corporate Raasta Consulting Can Help with Legal Metrology Registration

Corporate Raasta Consulting is a renowned choice for businesses seeking LMPC consultation services, including the registration of packaged commodities and legal metrology. Clients opt for Corporate Raasta Consulting due to several compelling reasons.

With a team of seasoned experts possessing extensive knowledge and experience in legal compliance and regulatory affairs, Corporate Raasta Consulting stands out for its proficiency in navigating the intricacies of LMPC regulations. Our experts provide informed and comprehensive assistance throughout the registration process, ensuring clients receive expert guidance every step of the way.

One of the notable advantages of partnering with Corporate Raasta Consulting is its range of LMPC consultation services tailored to meet clients’ specific needs. By streamlining the registration process, we enable clients to successfully and efficiently fulfill regulatory requirements, saving them valuable time and resources.

Corporate Raasta Consulting assumes the responsibility of managing paperwork, filings, and other formalities on behalf of clients, allowing businesses to focus on their core operations while we handle the administrative tasks.

Moreover, Corporate Raasta Consulting prioritizes regulatory compliance, ensuring that clients adhere to the packaged commodity laws and legal metrology regulations applicable in their jurisdiction.

Legal Metrology Compliances

After registration, the entity has to comply with the following Legal Metrology compliances:

1. Verification and Stamping: All weighing and measuring instruments need to be verified and stamped by the authorized inspector of Legal Metrology at regular intervals.
2. Packaged Commodities: All packaged goods should bear the correct declaration of quantity, weight, or measurement as per the Legal Metrology (Packaged Commodities) Rules, 2011.
3. Record Maintenance: The entity should maintain records of all weighing and measuring instruments and their verification and stamping for inspection purposes.