Legal Metrology Packaged Commodities Registration

Legal Metrology Packaged Commodities Registration

Implementation of Legal Metrology laws, as per the Indian Legal Metrology System has become stricter for businesses in India.  Under this article we will get to know about the registration under the Legal Metrology package commodities of importer, manufacturers, or Packer. There are proper rules and regulations set up for the registrations and the same has been set up by the Central and State Government along with the prescribed time, not following which can lead to the punishment under the act. Legal Metrology package commodity registration is mandatory while involving into the trade or business in India.

Legal Metrology (Packaged Commodity) Rule, 2011

  1. On the 1st day of April 2011, the Legal Metrology packaged commodity rule 2011 came into force Which was later amended by the Ministry of Commerce Affair, Food and Public Distribution and the amendment was effective from 1st January 2018.
  1. This tells the provision applicable to packages intended for retail sale and also talk about the regulation for pre-packing and sale etc. of commodities in package form the act specifies the commodities to be packed and sold in recommended standard packages and declaration.
  1. Declaration should be made on every package, the Act clearly states that the principal display panel should have the prescribed area size and letter etc. with an elaboration under how declaration shall be made along with the general provisions relating to declaration of quantity, number, and the units of weight measure. The act clarifies the declaration about dimensions and weight to be made on packages in certain cases.

Pre-Packaged Commodity

The pre-packaged commodity is a commodity that is placed without the presence of the purchaser; the package can be of any nature whether sealed or not so that the product has the predetermined quality.

Rule 27 Of the Act, Application to Director or Controller

  1. Under the abovementioned Rule, the applicant is required to make an application to the Director or the Controller of all pre-packaged commodities under the legal metrology packaged Commodities rule 2011.
  1. The applicant must have the Packer registration whether the applicant is a manufacturer or importer of the pre-packed commodity.
  1. This rule includes:
    • every individual
    • Hindu undivided family
    • company or corporation
    • firm
    • society who pre-packs or imports any commodity for delivery, distribution, or sale
  1. Applicants can make this application along with the fee of rupees 500 which is to be paid to the Director or the Controller of the registration.

Rule 27 Of the Act, Application to Director or Controller

  1. Under the abovementioned Rule, the applicant is required to make an application to the Director or the Controller of all pre-packaged commodities under the legal metrology packaged Commodities rule 2011.
  1. The applicant must have the Packer registration whether the applicant is a manufacturer or importer of the pre-packed commodity.
  1. This rule includes: every individual, Hindu undivided family, company or corporation, firm and society who pre-packs or imports any commodity for delivery, distribution, or sale
  1. Applicants can make this application along with the fee of rupees 500 which is to be paid to the Director or the Controller of the registration.

Application for Registration

  1. Where an applicant commences importing or pre-packing of any commodity after the commencement of these rules, within 90 days from such commencement of pre-packing the application can be made.
  1. When an applicant importing or pre-packing any commodity add the commencement of these rules within 90 days of such commencement can make such application.
  2. Approval of Imported Commodities is mandatory before importing the commodity into the country.

Essentials of Application

An application referred to in subrule (1) shall have the following particulars:

  1. The name of the applicant
  1. Complete address where the prepackaging or import of the commodities is made by the applicant
  1. The name of the commodities pre-pack is imported by the applicant

Alteration In the Registration Certificate

To make any alteration to the registration certificate the applicant must pay a fee of rupees 100 to the Director or Controller.

Application Received by Director or Controller

After receiving the application from the applicant, the Director or the Controller who is the registering authority shall:

  1. In case of the incompleteness of the application in any aspect, the director or the Controller shall return the application within seven working days and the 7 days shall be counted from the day the application is received by the Director or Controller
  1. In case the application is complete in all aspects then the respective authority shall register the applicant and grant a registration certificate to the applicant.

Rule 6 of Legal Metrology (Packaged Commodity) Rule, 2011

  1. Under the abovementioned rule, it is the responsibility of every Packer to take care of the mandatory declaration which is prescribed under the Act.
  1. The applicant must ensure all the compliance with the Act while packaging imported commodities or while importing the commodities.
  1. The State Government and the Central Government have the power to grant the Packaging registration to the applicant.

Interstate Sale of Prepacked Commodities

It is very important to note that if the applicant makes an Interstate sale of prepacked commodities which means a sale of prepacked commodities in more than one state then Packer registration by the Central Government is necessary which is commonly known as LMPC (legal metrology packaged commodities).

Registration of Packer/Manufacturer or Importer

  1. According to rule 7 of the act any importer to sell or distribute any prepaid commodities needs to mandatorily apply for Packer or Manufacturer registration.
  1. After the commencement of the import, the applicant must apply for registration within 90 days of such commencement.
  1. Every single mandatory declaration shall be disclosed on every pack commodity for distribution or sale.
  1. The importer shall obtain the certificate before making any import to avoid hindrance or trouble by the customs authority, as the customs authority is authorized to stop the importer for the clearance of goods in case the certificate is not issued before import.
  1. Such compliance of the commodities Shall be born before importing the goods in India where the importer has to make the certain mandatory declaration on the prepacked commodities.

Declarations On Prepacked Commodities

All the declarations shall be made on the prepared commodities which are different from product to product like the declaration made on the non-food items shall be different from the food products Certain declarations which are mandatory to make on the prepacked commodities are:

  1. MRP
  1. Customer care contact number
  1. Email ID
  1. country of origin
  1. Manufacturer name
  1. Proper address
  1. A month along with the ear of import

Registration of importer for weight and measurement items

  1. It is mandatory to register the business entity with the director of Legal Metrology to import any weight or measure of the item as per Section 19 of Legal Metrology Act, 2009.
  1. The importer has to make sure the product should be properly labeled and contains all the mandatory declarations as per the rules such as name, address, origin, manufacturer comment address of manufacturer address of the importer, etc.
  1. Schedule X under rule 15 of Legal Metrology general rules 2011 deals with the application of Registration and obtains under section 19 of the act.
  1. Within 30 days from the commencement of the import of goods the registration shall be applied by the importer.
  1. The minimum year for the validity of the importer Registration is one year and the maximum year for the validity of importer Registration is five years.
  1. Any person who has not registered as an importer under the Legal Metrology Act 2009 and imports any kind of weight or measuring instrument to do the business shall be punished with a fine which may extend to rupees 25,000 or with imprisonment for a term up to six months or with both.
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