Things You Need to Know About LMPC Certificate in India

The Legal Metrology Act establishes & enforces weights & measures laws and regulations. The major legislation governing packaged goods, as well as rules pertaining to various topics such as national standards, model approvals, & numeration, has a broad impact because it requires packers, dealers, & particularly e-commerce businesses dealing with packaged goods to register and comply.

The Act establishes guidelines for product packaging in order to promote ethical business operations and protect customers' rights. It also establishes the size and weight restrictions for packaged items. The Act also specifies the disclosure, obligations, and methods. The administration of the Act is the responsibility of each state's department of legal metrology, which is a branch of the department of consumer affairs.

Significance of Legal Metrology
 

Metrology is a branch of mathematics that studies measurements. It primarily deals with weight and measuring units and procedures in relation to obligatory legal and technical requirements. When we go to the market, we buy things that are either unsealed or pre-packaged. In our presence, loose commodities such as vegetables and fruits are weighed. We may inspect them individually. We are also aware of the identity of the vendor. However, we cannot be certain of such criteria when it comes to pre-packaged commodities. This is where the Legal Metrology Act comes in, as it provides us with the necessary information (amount, weight, price, expiry date, etc.) to make an accurate purchase.

Role of LMPC for Importers
 

Trades involved in the importation of pre-packaged products for sale or distribution are necessary to submit an application to the state's Controller of Legal Metrology. If the application is approved by the authorities, the LMPC certificate will be issued to the applicant.

An LMPC certificate is valid for 1 year & can be renewed up to five times. If you want to sell the items in a certain state, you must first obtain a licence from the state's controller. Similarly, if you want to sell in more than one state, you must register with the director at the Centre via your local controller.

Applicability of LMPC Certification
 

Every Manufacturer/Importer/Packer of pre-packaged goods is subject to the Legal Metrology or Packaged Commodities Rules, 2011. Under these requirements, they must get a certificate. The preceding regulations do not apply in the following situations:

1. Packages of commodities comprising more than 25 kg or 25 litres.

2. packaged items aimed at industrial or institutional consumers

3. Cement and fertiliser are sold in sacks weighing more than 50 kg. Both the State Government & the Central Government have the authority to give registration. If the applicant intends to sell the pre-packaged item in a single state, he can apply for a certificate from the state government. However, if the applicant intends to sell the pre-packaged goods in more than one state, he must apply to the Central Government for registration.

Weight Measurers
 

Every maker, packer, or importer of pre-packed commodities must file an application according to Rule 27 of the Legal Metrology Packaged Commodities Rules. The registration must be requested within 90 days of the start of importation.

Manufacturers
 

In the context of any packaged commodity, it means a person or firm that produces, makes or manufactures such commodity, as well as a person or firm that places, or causes to be placed, any mark on any packaged commodity that was not produced, made or manufactured by him or it, & the mark asserts the commodity in the concerned package to be a commodity produced, or manufactured by such person or company as the case may be.

Packers
 

It implies a person or company who pre-packs any item in quantities appropriate for wholesale or retail sale, whether in a bottle, tin, wrapper, or otherwise.

A Pre-Packaged Commodity 
 

It is one that has been placed in packaging of any kind, whether sealed or not, without the presence of the customer, such that the product included inside has a pre-determined amount.

Some Compulsory Information
 

• Information about the Manufacturer, Importer, & Packer
• The address and name of the producing, packaging, or importing entity must be stated on packaged items.
• If the names and addresses of the packaging and production businesses differ, they must be reported separately. Food goods are exempt from this requirement since they are covered under the Food Safety & Security Act.
• The product is marketed under a generic name.
• List the highest retail price imaginable (including all taxes)
• The date of manufacture, packing, or import, as well as the month & the year, must be included on the package.
• The expiry date, as well as the month and year, should be specified on the product.
• Furthermore, the time period during which the product is most effective can be specified.
• Commodity amount, ingredient(s), and customer service or hotline for consumer complaints must always be supplied.

Importance of LMPC Certificate for Packaged Goods
 

Because weighing is often done after the consumer arrives, LMPC certificate rules do not apply to unpacked goods. As with flour, the product is periodically prepared in front of the consumer, and the buyer is also aware of the name of the producer or vendor. When it comes to packaged goods, however, the manufacturer's name is not always obvious. The buyer may be unable to reach the producer. There are several intermediaries between the manufacturer and the end client. It is difficult to determine who is to blame for variations in quantity and quality. The end user must have access to all essential information regarding packaged products, including expiry date, weight, and price, in order to make well-informed purchasing decisions.

Procedure for LMPC Certificate
 

The procedure for an LMPC certificate involves the following steps:

Step 1: LM Application- We collect all of the data and develop the application.

Step 2: The Zonal officer will analyse the application for any issues or objections and offer suggestions.

Step 3: Premises Inspection - If the application is correctly filed, the inspector will arrive at the scheduled time.

Step 4: Suggestion - The inspector makes a recommendation based on the premises' compliance.

Step 5: Approval or rejection - The zonal officer delivers the detailed report to the assistant controller for approval or rejection.

Step 6: LM Act and Rules Compliance - The packing, weights, and measures of products and facilities must comply with the aforementioned Act & Rules.

Step 7: Responding to any regulatory action - Incorporate the regulatory changes that have been disclosed or hinted at.

Documents Required for LMPC Certificate
 

The documents that are required for an LMPC certificate are:

• Copy of the principal display panel's photo or eCommerce website wireframes, size, principal display panel's letter, & packing material
• Evidence of the commencement date (INC-20A, Trade Licence)
• A trade licence or other relevant authorisation from the local authority with jurisdiction over your establishment.
• Proof of the residential address of the manufacturing or packaging plant
• A certified copy of the sales tax or GST registration is required.
• Memorandum of Association of the Company
• Partnership Agreement for Partnership Firms
• All of the proprietors, partners, & directors have passport-sized pictures.
• A replica of the image on the primary display panel
• Name and complete address of the applicant company
• Name and address of the packaging & manufacturing factory, including GST
• The package's gram weight
• Whether you wish to export the product (Yes/No).

Additional Documents
 

The additional documents for the LMPC certificate are:

• The DGFT has issued an Importer Exporter Code (IEC).
• Certificate of GST Registration
• Digital photos of the applicant
• Proof of address and identification
• A specimen of the label that will be applied to the product
• The applicant's Aadhaar card
• Company formation (based on the type of business structure)
• Copy of MoA & AoA (in the event of a corporation governed by the Companies Act.

How To Track an LMPC Application

The process to track an LMPC application is-

• Visit the legal metrology webpage of the state government.
• Choose the tracking link placed above the page.
• The applicant will be routed to the tracking page, where they will be required to give information such as department information.
• The second step is to provide the acknowledgement number.
• After providing all of the previously specified information, the applicant's last step is to complete the appropriate captcha supplied on the website and select the submit button.
• Once all of the aforementioned phases have been completed, the applicant will obtain a tracking report for the licence renewal.

Conclusion
 

Customs authorities in India are becoming more stringent in their enforcement of Legal Metrology requirements on enterprises. No one may import any quantity or measure unless he receives an importer certificate in accordance with Section 19 of the Legal Metrology Act of 2009. The goal of these certificates is to level the playing field for some or all manufacturers/importers/packers.