What are legal metrology (packaged commodities) rules?
Legal metrology refers to the part of metrology that deals with units of weight and measurement, methods of weighment and measurement, and the instruments used for these processes. The primary objective is to ensure public guarantee by maintaining the security and accuracy of weighment and measurement.
In order to ensure uniform enforcement of laws related to matters in legal metrology throughout the country, the central government has enacted the following laws:
- The Legal Metrology Act 2009
- The Legal Metrology (Packaged Commodities) Rules 2011
- The Legal Metrology (General) Rules 2011
- The Legal Metrology (Enforcement) Rules 2010
Legal Metrology Packaged Commodities Rules
Legal Metrology packaged commodities Rules regulate the packaging requirements of pre-packed products/commodities that shall be sold, delivered, or distributed within the country. This rule has been introduced by the central government to ensure and protect the rights of consumers using pre-packed products/commodities. The central government has made it mandatory that certain disclosures be made by manufacturers, packers, and importers on pre-packed products and commodities. These details include:
- Country of origin of product
- Date of Expiry of product
- Retail sale price
- Other Additional disclosures
What are pre-packed commodities?
A pre-packed commodity means a product or commodity that, without the purchaser being present, is placed/packed in a package of any nature, sealed or not, so that the product contained therein has a pre-determined quantity.
What are the requirements for the person dealing in prepackaged commodities and importing any commodity?
Persons who are selling, delivering, distributing, or importing any pre-packed commodity are required to get prior registration (certificate/license) as per Legal Metrology (Packaged Commodities) Rule 2011. Otherwise, they shall be liable for a hefty fine.
Who is Required to Get This Approval/License?
As per LMPC rules, the following entities must obtain a license/certificate within 90 days from the date of commencement of pre-packaging:
- Individual
- Firm
- U.F
- Society
- Company
- Corporation
What are the documents that are required for this approval and license?
Following documents are required :
- Trade License
- Rent/Ownership Document
- Partnership Deed (in case of partnership)
- Monogram/Trademark
- Land Conversion Certificate
- Food License (for food items)
- Liquor License
Note: Document requirements vary according to the entity's nature.
What will be the consequence if an importer does not get this certificate/license?
Following are the consequences if an importer does not get this certificate…
- The central government has directed the customs authorities to ensure the compliance of LMPC rules in the case of the import of pre-packed commodities. If an importer does not obtain this license, then their shipment of product will not get clearance from customs authorities.
- Rule 32 of Legal Metrology (Packaged Commodities) The rule also provides that whoever contravenes any of the provisions of these rules shall be punishable with a fine, as may be prescribed.
Whether an importer is required to obtain packer and importer certificates separately.
If an importer imports any commodity and after importation he packs the product by labeling it with his own brand name and sells, delivers, or distributes the commodity, then the importer is required to obtain two certificates, one for the packer and another for the import of the commodity. However, if an importer only imports a commodity, he/it is required to get only one certificate.
What is the validity of LMPC Certificate/ Licence?
This certificate is issued by the department of central government, and it is valid for the lifetime of the product in respect of which this certificate has been granted. However, there are different kinds of certificates and licenses under the Legal Metrology Act that are issued by state as well as central governments, and their validity depends accordingly.
How can we help you?
We assist the persons in obtaining these certificates/licenses by providing specialized services. We have an expert team that deals with these matters and provides guidance to our clients without manipulating the facts and makes sure to deliver the certificate and license within a reasonable time period. We also provide the consultancy related to labeling for the packers and manufacturers. Our firm also provides the panel display audit that helps our clients to avoid heavy fines or penalties and, in some cases, imprisonment.
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