Legal Metrology Registration Certificate (also called LMPC Certificate) is required for Indian importers who purchase pre-packaged products. Customs can seize goods if they are not registered.
Do you import prepackaged goods to be sold and distributed? You cannot import pre-packaged goods to India without a Legal Metrology Registration Certificate (also known as a Legal Metrology Packaged Commodity or LMPC certificate).
A LMPC is a requirement for import under the Legal Metrology Act (2009) and Legal Metrology Rules (Packaged Commodity), 2011. The Act regulates the trade of goods sold or distributed based on weight, measure, or number. The Act defines strict rules and regulations for pre-packaged products, among others, to protect consumers’ rights and promote fair trade.
This article will examine the LMPC Certificate for Import in its entirety.
What is pre-packaged commodities?
What is a LMPC certificate?
Why is it important for importers?
Where and how can people apply?
What is the cost?
What are the repercussions if you don’t have an LMPC?
Let’s start with a quick overview of prepackaged products and legal metrology.
What is pre-packaged go ?
According to the Act, a prepackaged commodity is “a commodity that, without the buyer being present, has been placed in a package, sealed or unsealed, with a product inside, which contains a quantity predetermined”. Pre-packaged products include paint, baby food, fuel and food products in bags, chemicals, cable, wires, chemical, and wool.
Legal metrology: Its importance
The study of measurement is called metrology. Legal metrology is the study of measurements and weights in relation to legal and technical requirements. This is the official definition for legal metrology. What is the relevance of legal metrology in pre-packaged products?
Here is a simple explanation. We buy either loose goods or packaged products at the market. Weighing is done in front of us for loose goods such as fruits, vegetables, flour, rice and other grains. We can determine the quality of their products. We know who the seller is. When we purchase pre-packaged products, we are unable to determine the weight, safety, or freshness of the product. We also don’t know who the manufacturer is. Legal Metrology Act provides the necessary information to the customer (weight, quantity and price) in order for them to make an informed purchase.
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What is a LMPC certificate?
To register their name and addresses, traders who import prepackaged goods to sell or distribute must submit a request to the Controller of Legal Metrology or Director of Legal Metrology of the Central government. The registering authority will then register the importer’s name and their address if the application is approved. This is what an LMPC Certificate looks like. The registration of an LMPC is valid for a period of up to five years.
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You must contact the controller of that state if you plan to sell pre-packaged products in one state. If you intend to sell your pre-packaged goods in more than one state, you will need to register at the Centre through the local controller.
Note: In addition to importers and manufacturers of pre-packaged products, LMPC certificates are also required by packers and manufacturers.
Where can I apply for a LMPC certificate
Online LMPC registration is available in some states. You can, for instance, submit your application along with the required documents (described below) to the AP Industries Department single desk portal in Andhra Pradesh. Here’s how to register online if you live in Delhi.
If the online service is not available to you, then visit your local Legal Metrology Department in person and submit your application. You can also hire a consultant or lawyer to handle the paperwork for you, but they will charge a fee. Google can help you find a third party agent.
What is the cost and how to apply ?
You will need to fill out the following information when completing your application:
Your name (as a candidate)
Address of the premises to which the product is imported
Common or generic names of the commodity
According to the rules, the application has to be submitted within 90 days from the date the import began. You will be required to pay INR 500.
Upon receiving a completed application form, an inspection of the importer’s premises will be conducted by the registering authority. If everything is in order, they will register the applicant, and issue them a LMPC certification. This can take up to 20 working days.
The application will be returned if it is incomplete within 7 days after receipt.
The importer can make changes to the certificate after paying INR100 at the registering authority.
Importer responsibilities
Importers who wish to receive an LMPC certification must make sure that their pre-packaged products carry a statement with the following details:
Name and address of importer
Name and address of manufacturer
Common or generic names of the commodity in the package
Country of origin
Net quantity expressed as a standard unit of weight or measurement
Month and year of Import
Month and year of manufacture
Maximum retail price (MRP)
If relevant, the dimensions of the product
If you have a complaint, please provide the name, telephone number, and email address (if available) for the person/office that should be contacted.
The declaration varies from product to product. The declaration must be in Hindi or English. There are also rules that specify how the declaration should be displayed or attached to the packaging, and detailed instructions for each information point. Read the Legal Metrology Rules (Packaged Commodity).
If you are importing wine bottles to India, an LMPC is required.
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Why importers require LMPC certificates
Customs can hold your imported goods if you do not have an LMPC or if you fail to follow the rules of declaration. Don’t let a customs seizure cause you delays, costs, or other problems. Register as an importer before your goods arrive.
Penalties for rule violations and violation of the rules
A fine will be imposed for any violation of the Legal Metrology certificate Rules (Packaged Commodities):
The fine for violating any of the rules 27 to 31, is INR 4,000
The fine for violating other rules or provisions of the Act or Rules that are not punishable by law or rule is INR2,000
You will be charged a fee if you apply for a LMPC after 90 days from the date of import. (INR 5,000 in Delhi).
If it’s not the first time, there may be some kind of action in addition to the fine. In most cases, the manufacturer is responsible. If the words “manufactured” or “packed” are not included before the name or address, then it is assumed that the address and name belong to the manufacturer. This is important for importers to know as they may be held liable if there are any violations.
Exemptions
All pre-packaged products except for the following require an LMPC certificate.
Commodities that have a net weight of less than 10 grams or 10 milliliters
Packages of agricultural produce weighing more than 50 kg
Fast food packaged by a hotel or restaurant
Packages containing formulations covered under the Drugs (Price Control) Order 1995
The provisions of Chapter 2 (Packages intended for Retail Sale) in the Legal Metrology Act will not apply: Packages containing commodities that weigh more than 25kg or 25litres (excluding cement and fertilizers sold in bags up to 50kg)
Packaged goods for industrial consumers, (those who purchase the goods directly from manufacturers for use within their industry), or institutional consumers, (service institutions like hotels, hospitals, airlines, and railways).
FAQS
What does legal metrology mean?
Legal metrology is defined by the Department of Consumer Affairs as “that part of Metrology that deals with units of weightment, measurement, methods of measurement, and weighing and measuring devices, in relation to mandatory technical and law requirements, which have the object of ensuring public assurance from the perspective of security and accuracy of weighments and measures”.
Does a LMPC certificate have to be obtained for imports of pre-packaged goods?
A LMPC is required for all importers of pre-packaged goods for distribution and sale. There are some exceptions.
Who has the authority to issue a LMPC certificate
Both the Controller of Legal Metrology for the State and Director of Legal Metrology of the Centre have the authority to issue LMPC certificate
What is the cost of an LMPC Certificate?
The fee is INR 500.
How much time does it take for an LMPC to issue a certificate?
Most people say it can take up to 20 working days after the date the application is received.
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