LMPC Registration for Packaged Commodities

Overview of LMPC Registration

LMPC is the Legal Metrology Pre-Packed Commodity Registration. Now, in order to understand LMPC, it is quite important to under the meaning of ?metrology?. Therefore, the scientific study of weights and measurements is known as metrology. India's Legal Metrology Act was enacted in 2009. It is a branch of the Department of Consumer Affairs that handles measuring and weighing of packaged commodities.

According to rule 27 of the Department of Consumer Affairs Legal Metrology Packaged Commodity guidelines, anyone importing prepackaged products or commodities into India must get an LMPC Registration Certificate beforehand.

Not only the manufacturers, but, the packers and manufacturers of the packaged items are also required to get an LMPC registration. This serves as valid evidence that the packaged commodities contain the exact weight and measurements as mentioned on the labelling of the particular product.

What is the purpose of getting an LMPC Certificate?

Controlling the packaging requirements for the sale or distribution of pre-packaged goods inside the nation is the aim of the LMPC certificate. Certain rules may apply to food commodities, pharmaceutical products, and other items as specified in their respective governing statutes. For example, the Drugs & Cosmetics Act of 1940 stipulates additional requirements that pharmaceutical items must meet. An importer who imports any pre-packaged commodities for distribution or sale is required to register for importer registration in accordance with Rule 27 of the Legal Metrology Packaged Commodities Rules (LMPC Rules), 2011. As part of this registration, the LMPC importer is required to inform the government of the pre-packaged items he intends to import into India.

The legal terminology for the LMPC registration is "Importer Registration under Rule 27," however it is sometimes referred to as "Legal Metrology Certificate" or "importer License registration under Legal Metrology".  This registration is recognized as the "LMPC Certificate" by the customs officials, as the LMPC Rules, 2011 has mandated this registration or certification.

What are Pre-Packaged Commodities?

Every product or item that is sold is packed, either sealed or unsealed is a pre-packaged commodity. During the time of packaging of such items, the consumer is not present. Therefore, the contents on the label of such products determine their accurate weights and measurements. Moreover, in order to ensure that the contents of the label are correct, the LMPC certification is required.

The following pre-packaged items are protected under the Legal Metrology of Packaged commodities:

• Cooking oil
• Tea and coffee
• Milk Packets
• Washing powder or detergent
• Soaps
• Paint, Varnish, and Enamels
• Bags of cement
• Drinking water and mineral water
• Biscuits, bread, baby food
• Soft drinks and other non-alcoholic beverages
• Rice flour, Wheat flour, Suji, and Rawa

What are the benefits of LMPC Certification?

In business processes, measurement is essential. Effective trading must be very transparent and preserve a feeling of equilibrium between the buyers and sellers. Therefore, it is important to get LMPC Certification and avail the following benefits:

 Cutting Down on Transaction Fees

Occasionally, bad measuring exercises turn out to be more costly and time-consuming. These actions have an impact on both buyers and sellers. It is also quite difficult to actually bring a legal case against a merchant who violates the measuring regulations. However, time and expense are undoubtedly reduced when measurements are performed accurately and in strict compliance with the Legal Metrology Act.

Encouraging and Facilitating Trade

The Legal Metrology Act is responsible for policing any unethical or unlawful business activities. In order for measuring instruments to fulfill their intended function and adhere to international standards, the LMPC certificate acts as a guarantee that the requirements of the Legal Metrology Act are complete.

Reducing Technical Trade Barriers

The LMPC certificate increases measuring confidence and clarity while lessening the burden of technical barriers. Fewer barriers boost the country's self-esteem and motivate people to take advantage of foreign trade possibilities, which boosts the country's economic growth. A merchant can avoid needless obstacles while applying technical rules, adopting standards, and going through conformity assessment procedures with the aid of the Legal Metrology Act.

Increasing Customer Confidence

Customers' faith in the vendor increases when they understand they are receiving a product that has been confirmed in accordance with certain laws and regulations, which ultimately leads to a good trading relationship.

What are the documents required for LMPC Registration?

The documents required for LMPC Registration or LMPC certificate are listed below:

• For an authorized signature, DSC is required.
• Proof of residence, such as a passport, voter ID, or Aadhaar.
• MCD/NDMC/DDA License for Factory, Trade, and Manufacture. If the applicant does not have an MCD license, they must provide an affidavit or an undertaking attesting to the fact that the business location is not in a non-conforming area and that the MCD is not likely to seal the property.
• GST enrollment.
• The label, packing material, slip, or sticker that is applied to the packed product.
• The company's memorandum of association and the partnership agreement pertaining to partnership enterprises.
• Import and Export Code (lEC certificate).
• A passport-sized picture of each director, partner, and proprietor.
• Verification of the business premises.

What are the requirements for getting LMPC Certification?

The guidelines that retailers need to follow when registering for an LMPC certificate for the import or export of goods or commodities are mentioned below:

• The Standards of Weights and Measures Act, 1976, Section 47, lays forth standards for measuring weight.
• The controller of legal metrology of the State or UT must oversee applications for the re-establishment of the exporter/importer of weight or measure in the organization's name. A request draft for Rs. 10/-must be prepared by the exporter/importer with the "Pay and Accounts official" at Consumer Affairs, New Delhi.
• Legal Metrology Rules stipulate the list of objects for weight or measure, therefore only applications for those items' registration will be accepted.
• If all conditions are satisfied, the applicant will get a registration certificate within ten days of submitting the application, overseen by the Legal Metrology Controller.

What is the process of LMPC registration?

The process of LMPC registration is mentioned below:

Step 1: Submission of Application

You need to fill out an application form in order to apply online for an LMPC license. The application must be submitted to the director of metrology in your local area. You can easily find the contact details of director of metrology on the website of Metrology Council.

Step 2: Submission of Documents for LMPC Registration

A copy of your business permit and a copy of your current merchant or shop owner license are required if you are seeking an LMPC certificate. Together with any other documentation the Director of Metrology may require, you will also have to provide proof that you have paid all appropriate city and provincial taxes for the last two years.

Note: If any information is missing or inaccurate, the application will be returned in seven working days.

Step 3: Inspection of the Business Premises

To determine the applicant's production competency, the inspector will check the applicant's proposed premises together with pertinent paperwork. After that, the inspector will draft a report, which divisional assistant controllers will present to the controller for additional recommendations.

Step 4: Examining the application

The Local Inspector, Assistant Controller, or Controller may object to examining the application and raise questions in case of any incorrect or incomplete part of the application.

Step 5: Payment of Requisite Fee

Your application will be sent to the director of Metrology for consideration after it has been filed.

When the Controller has reviewed the application in its entirety and determined that it is suitable to provide an LMPC Certificate, it may require that the applicant deposit the license fee with the necessary accounts.

Step 6: Issuing LMPC Certification

The LMPC Certificate will be sent in the format indicated once the fee has been paid and a copy has been received at the Controller's office.

What are the Penalties for Non-Compliance?

• If you submit your application for an LMPC import license more than ninety days after the importation procedure starts, you will be charged a late fee of Rs. 5000 (for Delhi).
• Violating the set standards for measures and weights can result in a punishment of up to Rs.10,000 or a year in jail for importers, packers, producers, and dealers.
• A maker, importer, or packer who breaches section 11 of the LMPC Act faces one-year imprisonment or a fine of up to Rs.10,000.
• Importers, packers, and manufacturers may incur a fine of Rs. 710,000 or one year of imprisonment if their delivered quantity is less than the quantity for which the customer has paid.
• Under Section 19 of the Legal Metrology Act of 2009, an importer certificate is the sole document that permits the import of any weight or measure. Customs officers take these rules more seriously, and business owners are required to get an importer certificate before importing any pre-packaged commodities.
• Importers and manufacturers who neglect to file yearly returns face fines of Rs. 5,000 or one year of imprisonment.
• If a product's label indicates an unconfirmed weight, the importer will also face penalties.
• Product producers, importers, sellers, distributors, and importers who sell goods without an LMPC certification on the package risk a fine of up to Rs. 10,000, or one year of imprisonment, or both.

Exemption under LMPC Rules

Certain exclusions from the restrictions are provided under the Legal Metrology (Packaged Commodities) Rules, 2011. These exclusions are determined by the commodity's nature, price, and quantity. The LMPC regulations do not apply in some situations, thus it's critical to be aware of these exclusions:

Exemption from Quantity

• Packages of goods holding more than 25 kilos or 25 liters are exempt from the restrictions of these standards.
• Furthermore, certain specialized categories are excluded, such as fertilizer, cement, and agricultural farm goods when sold in sacks weighing more than 50 kg.
• Moreover, these regulations do not apply to packaged goods meant for institutional or industrial users.

Exemption for Agriculture Farm Produce

• The Legal Metrology (Packaged Commodities) Rules, 2011 apply to packages of agriculture farm produce weighing up to 50 kg. When handling these packages, manufacturers, packers, and importers are permitted to pack in any amount up to 50 kg as long as they follow certain guidelines.

Why PSR Compliance for LMPC Certification?

PSR Compliance can be your best partner for LMPC Certification due to our experience in the same domain. Moreover, our experts are trained to meet your demand and answer every query of the customers. Not only this, you will also get expert assistance along with an easy registration process for making your LMPC certification experience easy and hassle-free. Connect with our experts and get your queries answered in no time.

Frequently Asked Questions

Q1- Who requires an LMPC Certificate?

An LMPC certificate, or LMPC registration is required for any business that produces, markets, distributes, imports, and packages pre-packaged goods.

Q2- What are the types of LMPC certifications

The two types of LMPC certifications under the Legal Metrology Pre-Packaged Commodities Rules, 2011 are: Rule 27's LMPC Packer & Manufacturer Registration and the LMPC Importer Registration.

Q3- What is the validity of LMPC Registration?

An LMPC registration is valid for a period of five years. After this time, an application must be submitted to the Department of Legal Metrology for renewal.

Q4- What is a Pre-packaged commodity?

Any goods, whether sealed or unsealed, that is put in a package without the buyer being present is referred to as a pre-packed commodity. It has a pre-determined quantity of product in it.

Q5- How to determine the type of LMPC certificate required for my business?

The kind of LMPC registration that you require is determined on the nature of your business. If you import pre-packaged items into India, you must have an LMPC Importer Registration certificate. If you package or manufacture pre-packaged items in India, you must have an LMPC Packer & Manufacturer Registration certificate. You require both kinds of LMPC registration certificates if you do both.