Legal Metrology Packaged Commodities (LMPC) Certification - Overview

As per reports, India holds the record for consuming the most significant volume of pre-packaged goods! Thus, obtaining an LMPC certificate offers rights to the importers dealing in pre-packaged commodities. It facilitates the movement of goods and customs clearance. If any importer has not adhered to the Legal Metrology Packaged Commodities (LMPC) Rules, it will result in the detaining of imported goods by customs authorities. This can lead to further unnecessary delays and additional expenses in the form of penalties. Therefore, an importer must get the LMPC registration before the goods arrive in India to be safe.

Under LMPC rules, the following declarations must be made by the importer on every package of the commodity:

• Name and address of the manufacturer
• Name and address of the importer
• Date of manufacturing or importing
• Common or generic name of the commodity
• Net quantity of the product
• Maximum Retail Price (MRP) of the product
• Name, address, telephone no., e-mail address of the person sorting any customer-related query

However, the Legal Metrology Packaged Commodities Rules do not apply to the following cases where:

• Packaged commodities intended for industrial consumers or institutional consumers.
• The packages of commodities weighing more than 25 kg or 25 litres.
• Cement and fertilisers sold in bags above 50kg.

An important point to note is that wherever labelling requirements are given in FSSA (Food Safety & Standards Act 2006) concerning food items, the labelling provisions under FSSA prevail over labelling conditions of Legal Metrology. According to the essential sections of the Legal Metrology Act (LMA) 2009, every unit of weight or measure must follow the metric system dependent on the international system of units.

Importance of Legal Metrology in Modern Trade

Usually, metrology is a science of measurement. Legal metrology revolves around the mandates on the trade of instruments categorised under 'weights and measures' like weighing machines and thermometers. It also sets control over the trade of packaged goods quantified by measure, weight, or number.

When consumers buy pre-packaged goods from the market, they have the right to information about the weight of the package, expiry date, price, etc. Hence, legal metrology is of prime importance in supporting fair trade practices.

Given below are some essential factors highlighting the importance of legal metrology in modern trade:

Proper Management of Inventory

The practice of correct measurement of commodities offers an exact framework of available inventory for manufacturers. This lowers fraudulent activities, initiates better stock control and aids in managing stock systems with increased efficacy.

Promoting Trade by Eliminating Disputes

Regulatory control over measurement removes disputes in trade. For example, if a consumer purchases 2 kg of pulses, he/she should get the exact measurement in the package and less than that. Moreover, legal metrology guarantees meeting international standards and using authentic measuring instruments.

Collection of Government Revenues

Measurement plays an important role in the collection of customs and excise duties, which contributes to the fair share of the Government's revenue. Excise duty is imposed on items manufactured in India, while customs duty applies to goods imported from other manufacturing nations. Hence, authentic weighing of goods guarantees the collection of these Government revenues in a bonafide way.

Types of Legal Metrology Packaged Commodities Certificates

As per the Legal Metrology Pre-Packed Commodity Rules, 2011, there are two types of Legal Metrology Registration Online:

LMPC Importer Registration under Rule 27

A person must register under this rule if he/she imports the pre-packaged commodities and sells them in India without being involved in any additional packaging and labelling activity. LMPC Importer Registration under Rule 27 is compulsory for anyone intending to import hazardous chemicals into India. Under LMPC Rules, anyone who imports hazardous chemicals into the country must obtain a registration certificate from the Chief Controller of Explosives (CCoE). The certificate remains valid for five years and must be renewed after that.

Anyone intending to import hazardous chemicals into India must apply for LMPC Importer Registration. This includes traders, manufacturers and importers of hazardous chemicals.

Packer and Manufacturer Registration under Rule 27 for LMPC

One must obtain this registration if anyone is engaged in the manufacturing and packaging of goods. It is also required if one outsources the manufacturing of goods from a third party and has them packed under his/her brand. LMPC Packer & Manufacturer Registration under Rule 27 refers to the registration process mandated by the Food Safety & Standards Authority of India or FSSAI for manufacturers and packers of proprietary food articles (PFAs). Rule 27 of the Food Safety & Standards (Licensing and Registration of Food Businesses) Regulations, 2011, frames the guidelines for LMPC Packer and Manufacturer Registration. The rule mandates that all packers, manufacturers, and labellers of PFAs must need registration from the FSSAI before starting their business operations.

To register under Rule 27, the LMPC Packer & Manufacturer must apply to the FSSAI.

Benefits of obtaining the LMPC Certification

• Reducing transaction costs
• Supporting and promoting import in India
• Taking Government revenue
• Reducing technical barriers in India
• Building customer’s trust

Documents required for obtaining the Legal Metrology Packaged Commodities Certificates

• Importer Exporter Code (IEC)
• Business Constitution proof
• Passport-size photograph of the applicant
• Proof of Identity and address
• Sample of declaration (Label) to be put on the product
• ID proof of the Applicant/Authorised Signatory
• Registered Partnership Deed in case of a Partnership firm/ Memorandum of Articles (MoA) in case of a company

Additional Documents that may be required:

• Proof of date of birth of applicant
• Documentary proof of Ownership/ lease of premises
• Location Map of premises
• No Objection Certificate (NOC) from the Pollution Control Board (PCB) or any such competent authority.

How to apply for an LMPC Certificate in India online and offline?

You can apply for a Legal Metrology Packaged Commodities Certificate online or offline. Every Indian state has its distinct website, which you must visit before applying. You will have to follow the following steps:

Online:

• Log on to the official website - https://www.apindustries.gov.in/.
• Go to the section for applying for an LMPC certificate and click on it.
• Applicants have to key in all the details and upload the required documents.
• One must again review the uploaded details and the documents.
• Submit the form.
• Once the details and all documents are validated, the applicant receives an approval call. The time frame varies across the states but should ideally not exceed more than 10-12 days.
• After the approval, a representative meets the applicant in person to guide them accordingly.

Offline:

• Applicants must visit the Legal Metrology Department of the city or state and ask for a physical form.
• The application process is the same as the online process.
• One must furnish certified copies of all the documents which are mandatory.
• Once the application is reviewed, the concerned authority visits the applicant's premises for on-site inspection.
• If the person is satisfied, the application gets registered, and the applicant receives the certificate for the same within 7-10 working days.
• As per the rules laid down, one can file an application within 90 days of starting the import activities.

Approval Procedure

• After the applicant submits the complete application along with the requisite fee, the concerned LMO of the concerned Zone visits the premises.
• Suppose the LMO finds the firm's functioning per the department's guidelines. In that case, they recommend the application for granting the LMPC license/registration to the competent authority through the concerned Zonal officer.
• After that, the competent authority, after scrutinising it, gives its approval/rejection.
• On grant of an LMPC license, an automatic SMS alert and e-mail are sent to the applicant on the registered mobile number.
• Applicants can print an LMPC certificate digitally signed by the competent authority online.

Responsibilities of an LMPC-certified Importer/Manufacturer

It is the manufacturer/importer's responsibility to declare all pre-packaged commodities with the information given below:

• General name of goods contained in the package
• Name and address of importer and manufacturer
• Importing country
• Total quantity concerning standard units of measurement or weights
• Maximum Retail Price (MRP)
• Date of import and manufacture
• Contact information of a concerned person or office in case of any consumer complaints.
• Size and dimension of the goods

The declaration can be printed in English or Hindi. However, it is compulsory to maintain a given structure to be displayed on the packaging.

Fines and Penalty for not obtaining the LMPC Certificate

Violating the Legal Metrology Packaged Commodity Rules will attract fines extending up to Rs. 4,000. Additionally, a late fine is imposed if an importer applies for an LMPC certificate within 90 days of commencing imports. Refer to the following table for other rule violations and penalties:

Recent changes made to the 2011 Legal Metrology Package Commodity Rules:

On November 2, 2021, the Government amended the Legal Metrology Package Commodity Rules, 2011, which came into effect prospectively on April 1, 2022. The revised law now includes provisions aimed at promoting transparency for consumers buying the products. Due to these revisions, the industry has now changed the packaging and labelling of its products.

Frequently Asked Questions