Date : 2022-04-14
In this article, we will get to know about the services of Legal Metrology Packaged Commodities and the different ways in which the model of approval for the imported goods can be done. Packaged commodities service includes Non-Weight and Measuring (W&M) Instruments, Weight and Measuring instruments.
Section 19 of the Legal Metrology Act, 2009 states that any person who is importing any kind of weight or measure items can import only if his business entity is registered with the director or controller of Legal Metrology.
Under rule 15 Schedule X of Legal Metrology (General) Rules, 2011 the application of Legal Metrology Packaged Commodities Registration is to be filled with the controller or the director.
It is the primary duty of the importer to have the mandatory declaration on the label of the product as per the rules of packed commodities, such as the name of the manufacturer, address of the manufacturer, address of the importer, country of origin, etc.
Before the commencement of the Import of goods, it is necessary to apply for the registration at least 30 days before with the compliance of the Indian Legal Metrology System.
The validity of importer registration cannot exceed five years and not less than one year.
Any person who does the business in Indian market by weighing or measuring instruments without getting himself registered as an importer or manufacturer under the Act 2009 shall be punishable with:
Fine which may extend to rupees 25,000, or
Imprisonment for a term that may extend up to six months, or
With both fine and imprisonment
Only the Central Government has the power of model approval vide its department Of Legal Metrology.
The Central Government may grant the approval under the Backing or protection by the Ministry of Consumer Affairs, Food and Public Distribution having its office in Delhi only.
Every weight and measurement instrument in India has to be with the compliances of Section 22 of the Act, 2009 and as per the Indian Legal Metrology standards.
Section 22 of the Act, 2009 talks about the model approval of weight and measure items before initiating the sales of it.
Any person who imports any pre-packed commodities to sell or distribute needs to apply for the importer registration under rule 27 of the Rules 2011.
The registration of importer must be applied within 90 days from the date of commencement of the business in India
Before importing the goods in India, it is necessary to do the compliances of packed commodities as per the rules of packing commodities in India along with the certain declarations which are mandatory to be made on the pre-packed commodities.
The mandatory declarations have to be made for the registration of importers such as the name of the importer, manufacturer name and his address, country of origin, year and month of import, etc.
The declaration made on pre-packed commodities depends on the product to product, such as a declaration made on non-food items are different from the declaration made on food products.
Obtaining the LMPC Certificate is necessary for the importer of pre-packed commodities before making any import in India.
Having a certificate for the importer of pre-packed commodities makes the clearance of commodities by the authority of customs and tends not to create any panic situation for the importer.
Manufacturer/ Packer distributes or sells the pre-packed commodities. The person who is a manufacturer or Packer needs to apply for registration under rule 27 of the Rules, 2011.
It is necessary to apply for registration within 90 days from the commencement of business of pre-packing.
As per the rules of prepacked commodities, every packer or manufacturer must comply with the mandatory declaration to be made on every packed commodity which is meant to be distributed or sold.
Such declaration includes the month and year of the manufacturing, name of the manufacturer, address of the manufacturer, contact number of the manufacturer, details of the customer care number, email ID, MRP, etc.
The nature of mandatory declarations depends on the nature of the commodity of different kinds of prepacked commodities.
There are other technicalities also which are to be considered and involved in the compliance of prepacked commodities as per the rule of pre-packed commodities like the size of the font of declaration etc.
There are two ways for the model approval of imported goods
Model approval can also be done on the basis of existing approval from a Laboratory outside India.
Section 23 of the act provides the prescribed or authorized authority may grant such approval only after getting satisfied that the model of weight or measure is already approved in any other country than India and confirms the standards established under this act only.
Where the approval is done outside India but confirms the standards established under this act then it may approve the model without any test or after the test as the authority may deem fit.
As per section 22 of the Legal Metrology Act, compliance with the weight and measurement is necessary with the standards set by the Indian Legal Metrology Department.
Indian Legal Metrology Department is governed by the Central Government under the protection of the Ministry of Consumer Affairs, Food and Public Distribution situated in Delhi has the power to approve a model of weight and measure instruments.
Before manufacturing any measure or weight instrument/device item the manufacturer must get approval done by the respective authority.
While taking the approval the manufacturer has to attach all the necessary documents and the prescribed fee under the act.
The government has set up 8 Laboratories in India for model approval. Such Laboratories test the models add check whether the said model is according to the Indian legal metrology standards or not.
The sample of the model is sent to the laboratories which are government-owned labs and the director or controller of such laboratories after checking that the model is as per the legal metrology standards provides a model approval certificate in the name of the manufacturer.
A repair license is necessary for a person or firm who is dealing with weight and measuring instruments, equipment, and all devices falling under the legal metrology.
Section 23 of the Legal Metrology Act prohibits the manufacture, sale, repair of weight, and measure items without a license.
Section 23 of the act clearly says that without having a valid license issued by the Comptroller or Director no person shall repair, manufacture, or sell any weight or measure in the Indian market.
It is pertinent to mention that the manufacturer need not have the license for repair for the purpose of repairing its own weight or measure.
The Repair license application is to be submitted by the repairer to the Comptroller of the state's legal metrology.
The Repairer must apply with all the essential documents along with the prescribed fee.
The validity of the repairer's license cannot extend more than five years and cannot be less than one year.
Author : ELT Consultants