LMPC Certificate

Overview of LMPC Certificate

Have you purchased your groceries from a local Kirana store before? Did you happen to see any particular weights being used for any particular commodity? Weights and measurements play a crucial role in human existence by guaranteeing the standards of quality, quantity, and fair value. To promote ethical business practices and protect consumer rights, the Indian government implemented the Legal Metrology Act in 2009. This law outlines the creation of benchmarks for weights and measurements and assigns distinct individuals the responsibility of ensuring adherence to these benchmarks.

Who Need to Apply for an LMPC Certificate?

The Following Business Entities are required to Acquire LMPC Certificate Registration:

• Importers of Weighing and Measuring Instruments
• Importers of Packaged Goods
• Manufacturers of Packaged Goods
• Packers of Commodities
• Dealers in Weighing and Measuring Instruments
• Repairers of Weighing and Measuring Instruments

Legal Metrology LMPC Sample Certificate

What is LMPC Certificate for Import?

In India the LMPC Certificate for Import is a regulatory approval issued under the Legal Metrology Act, 2009. This certificate ensures that the packaging of imported goods follows the national labeling standards set by the Department of Consumer Affairs. Without this license, importers are not allowed to clear packages through customs if they fall under the pre-packaged commodity category.

This rule applies to every business that brings in packaged items for sale, storage, or distribution. It is not just about compliance; it protects consumer interests by ensuring transparency in product labeling. The LMPC certificate makes sure that customers get fair information like weight, quantity, and pricing which are essential for making informed purchases

What is Pre-Packaged Commodity?

A pre-packaged commodity is any product that is packed without the presence of the consumer, in a sealed container or wrapper. It includes items that are packaged in such a manner that the quantity of the product inside remains fixed and cannot be altered without opening the package.

These commodities are mostly mass-produced goods like food items, cosmetics, electrical appliances, clothing, toys, and even stationery. The purpose of regulating pre-packaged goods is to make sure that labeling is not deceptive and follows legal standards. If the package is tampered with the product may lose its authenticity or violate safety rules making regulation critical

Information Required on the Packaging

Every pre-packaged item that enters the Indian market must carry accurate and legible declarations as per the Legal Metrology Packaged Commodities Rules, 2011. The following information is mandatory on each package:

• Name and address of the importer
• Country of origin
• Name of the product
• Net weight, volume, or number of units
• Maximum Retail Price (MRP) inclusive of all taxes
• Date of import and date of manufacture or packing
• Customer care contact or helpline details
• Consumer complaint redressal information

This information must be displayed in English or Hindi in a font that is easy to read. Any missing or wrong detail can result in rejection of the package by customs or penalties imposed by the authorities.

Declaration to be made in LMPC Certificate for Import

When applying for the LMPC Certificate, the applicant is required to make specific declarations about the imported product. These are meant to ensure that the product's labeling aligns with Indian standards and does not mislead the end consumer.

The declarations typically include:

• Name and complete address of the manufacturer
• Trade or brand name of the product
• Exact nature of the goods being imported
• Package size and quantity
• Accuracy of declared measurements

Commitment that the labeling complies with Rule 6 of the Legal Metrology Packaged Commodities Rules, 2011

These declarations are submitted along with the application form and supporting documents, such as the importer-exporter code (IEC), test reports, and sample packaging proofs. Any false or incorrect declaration may lead to license rejection or future suspension.

Exemption from LMPC Certificate

Not every imported package needs an LMPC Certificate. The Legal Metrology Department has outlined certain exemptions based on the purpose and nature of import.
Here are the common cases where the certificate is not required:

• Goods imported for personal use, not for resale
• Packages weighing more than 25 kilograms or liters, unless notified otherwise
• Goods imported in bulk or unpackaged form and repacked domestically
• Items used as raw material by registered manufacturers for further production
• Products imported for research and development purposes

Introduction of Legal Metrology Act

The Legal Metrology Act of 2009 has implemented specific criteria for weights and measures, overseeing trade and business activities involving goods that are vented or circulated using weight, measurement, or numerical values. As a result, any producer or merchant involved in the transaction, sale, provision, or distribution of these commodities using such measurements, whether involving immediate payment, deferred payment, commission, compensation, or other valuable consideration, is required to acquire a Legal Metrology Packaged Commodity (LMPC) license.

This license applies to business proprietors themselves or intermediaries like commission agents, importers, and manufacturers, encompassing the sale, distribution, supply, or any other form of delivery involving weights or measurements.

The scope of the previously mentioned Act encompasses all pre-packaged goods that must undergo weighing and measuring based on the fundamental units outlined below:

• distance: meter
• weight: kilograms
• time: second
• electric current: ampere
• temperature: kelvin
• brightness: candela
• substance quantity: mole

Hence, it is prohibited for any individual to produce, mend, trade, or present for repair or sale any type of weight or measurement without possessing a valid LMPC Certificate provided by the authorized body. This requirement includes registration and supplementary adherence for packers, vendors, and, notably, eCommerce enterprises involved in the trade of pre-packaged products. As the principal law overseeing pre-packaged goods, coupled with regulations concerning diverse areas such as national standards, model endorsements, and numerical values, its influence is far-reaching.

Types of Legal Metrology Certificate

Legal metrology registration can be sought in two capacities: as a manufacturer/packer or as an importer. Goods categorized under "weights & measures," such as weighing machines and thermometers, are classified within the Weights & Measures category. However, products not falling within the "Weights & Measure Certificate" category only need to obtain 'Packaged Commodity Registration' from the department.

1. Model Approval Certificate for Weight and Measurment Devices: 

This pertains exclusively to items falling within the weight and measurement categories. The authorization for model approval is issued by the Central Government. To obtain this registration, it is necessary to submit a sample to the laboratory for testing against Indian standards.

2. Legal Metrology Packaged Commodity Registration: 

This applies to all commodities that are packaged and intended for sale to end consumers. Manufacturers and importers are required to furnish relevant product details on the packaging in accordance with the established guidelines. The approval for packaged commodity registration is granted by both the state and central governments.

3. Legal Metrology Import License: 

After securing model approval, the next step involves applying for an import license for the approved model through the legal metrology registration department. The issuance of this license is overseen by the state government of the import destination.

4. Legal Metrology Dealership License: 

In cases where an importer is bringing in a product and selling it under the same brand name, acquiring a dealership license from the Legal Metrology Department is mandatory. The dealership registration is sanctioned by the central or state government where the company is registered.

Benefits of Applying an LMPC Certificate

1. Reduced Transaction Expenses: The utilization of inadequate measurement practices often results in costly and time-consuming consequences. Both businesses and consumers suffer from these negative outcomes.
   
   In cases involving substandard measurement practices, the expenses can escalate due to lengthy legal disputes and court proceedings. Additionally, this can harm the reputation and stability of the business.Conversely, precise and proper measurements following the guidelines of the Legal Metrology Act led to a decrease in both costs and time.
    
2. Facilitating Trade: The Legal Metrology Act is responsible for regulating illicit and unjust trade practices. Its objective is to ensure that measuring instruments remain functional and in proper condition, enabling them to fulfill their intended purpose and meet global standards.
    
3. Minimizing Technical Trade Obstacles: The Legal Metrology Act alleviates the burden of technical impediments and fosters assurance and transparency in measurement practices. Fewer barriers promote the nation's confidence and motivate active engagement in the global trade network, thereby enhancing the national economy.
   
   Through compliance with the Legal Metrology Act, traders can circumvent unnecessary obstacles during the adoption and application of technical regulations, standards, and conformity assessment procedures.
    
4. Building Consumer Confidence: When consumers realize that they are obtaining products verified in accordance with established rules and regulations, their trust in businesses is bolstered, fostering a positive and robust trading relationship.

Mandatory Documents for LMPC Certificate

• Copy of Sample Label
• Copy of the business entity's PAN
• A Valid Digital Signature Certificate 
• Copy of VAT,CST, GST registration certificate
• Copy of the business entity's incorporation documentation
• Copy of the proof of ownership for the intended manufacturing premises
• Copy of the business's constitution documents, such as the MOA & AOA, partnership deed, or LLP deed
• Proof of identification for the business entity, its authorized representative, and its directors,partners
• Registration documentation for the factory, shop, establishment, or municipal trade license, depending on the circumstances
• Model approval certificate, if applicable, issued by the Director of Legal Metrology, Government of India, for the proposed weighing and measuring instrument

How to Apply LMPC Certificate Online?

As per latest update, government has merged LMPC certification with the National Single Window System (NSWS) portal. An applicant needs to follow the below steps to get LMPC registration:

1. Portal Registration: Create your login credentials by signing up with basic information such as your name, an official email ID, and a strong password.

2. Choose Category: Next, click Registration as a Manufacturer, Importer, or Dealer, fill out the registration form, attach all necessary documents, and make the fee payment.

3. Application Review: Once the application has been submitted, a reviewing officer will be assigned to verify the submitted details.

4. Grant of Certificate: After verification of the documentation, the Legal Metrology Department will issue a LMPC Certificate. 

Post Registration Compliances

After receiving the LMPC Certificate, importers are required to follow a few regulatory compliances to maintain the validity of their license. These measures help keep the packaging and labeling standards consistent across all imported products.

Some important post-registration obligations include:

• Use only certified labels on imported products
• Display all mandatory details clearly on each package
• Maintain a record of imported consignments with LMPC label details
• Report any changes in packaging, importer details, or brand name to the department
• Submit periodic updates if requested by the Legal Metrology Authority

Key Penalties under the Legal Metrology Act

1. Pursuant to Section 38, if an individual engages in importing any weight or measure without holding registration under the Act, they shall incur a fine that could reach up to Rs. 25000 for subsequent offenses, coupled with a potential imprisonment term of up to six months.
    
2. Under Section 27, any person found to be manufacturing a weight or measure that does not meet the prescribed standards shall face a fine of Rs. 20,000 for a first-time offense, which shall be extended to three years of imprisonment, along with a fine for a second-time offense.
    
3. Section 31 pertains to the failure to maintain required records and registers by manufacturers, repairers, and dealers. Those found guilty shall be liable for a fine of Rs. 5,000 and for subsequent violations, imprisonment for a period of up to 1 year, along with a fine.
    
4. Any non-compliance with Model Approval under Section 32 shall lead to a penalty of Rs. 20,000, and for repeat offenses, the individual could be subject to imprisonment for up to 1 year, accompanied by a fine.
    
5. If any pre-packaged commodity is imported, manufactured, packed, or caused to be manufactured or packed with faults in net quantity, it shall cause a fine of Rs. 10,000 or imprisonment for up to one year or both.
    
6. For importing non-standard weights or measures as outlined in Section 39, a fine of Rs. 50000 shall be levied, and for subsequent violations, a potential jail term of up to 1 year may be imposed.

LMPC Certificate Registration Cost

The cost of obtaining an LMPC Certificate for Import varies depending on the type and number of products being registered. The government fee for registration typically ranges between ₹500 and ₹2,000 per product category. However, the total cost includes additional charges such as:

• Documentation and processing charges
• Professional consultation or legal support fees
• Label verification and correction, if any
• Courier or postal charges for physical verification, if required

Validity and Renewal of LMPC Certificate

An LMPC Certificate once issued is generally valid for a period of five years. After this, the importer needs to apply for renewal to continue their business operations. It is advisable to start the renewal process at least 30 days before the expiry date to avoid disruptions in shipments.

The renewal process is almost similar to the initial registration, with updated documents and declarations. Importers must provide:

• Copy of the previous LMPC Certificate
• Updated list of products and packaging details
• Revised declarations, if applicable
• Receipt of fee payment

LMPC Consultant - Agile Regulatory

Obtaining the Legal Metrology Registration could be a bit challenging due to the complex process of the documents required and the processes involved. However, with the right amount of guidance and consultation, you could easily acquire LMPC within the prescribed time. At Agile Regulatory we are committed to helping budding entrepreneurs by enabling them to acquire business licenses smoothly and carry on their business.