LMPC Certification

​​What is LMPC ?

Legal Metrology Packaged Commodities certificate, also known as LMPC certificate, is mandatory for all the businesses engaged in manufacturing, distribution, selling, packaging and import of pre-packaged commodities. The rationale behind the compulsion of the Legal Metrology Certificate is to ensure that the packaged commodities are in conformity with the requirements of Legal Metrology (Packaged Commodities) Rules, 2011. 

How to Apply for LMPC Certificate?

Here is the detailed process of legal metrology Certificate online:

1. Preparing and Filing the Application: In order to apply for the LMPC Certificate for Import, you need to submit the application form. It should be submitted to your local government unit.

2. Submit the Relevant Documents: While applying for the LMPC certificate, you also need to submit all the relevant documents. You can check out the list of documents required below.

3. Pay the LMPC Registration Fees: Once you have prepared the application and submitted the relevant documents, you shall pay the legal metrology registration After submission of the application, the director of Metrology reviews the application and decides upon the approval or rejection thereof. The legal metrology certificate is issued within 7-10 working days after receiving the application.

Validity of Legal Metrology Registration

Like other statutory registrations, legal metrology registration in India also comes with a definite validity period. The validity period of the LMPC certificate is 5 years. The certificate shall be renewed before the expiry of 5 years to avoid any obstacles during the customs clearance.

Exemptions Under LMPC Rules

In the following cases, it is not mandatory to obtain the legal metrology certificate in India:

• Commodities having a net weight of 10ml or 10gms or less

• Agricultural products packed in weights of more than 50kgs

• Packages that contain fast food items packed by restaurant or hotel

• Formulations that contain packages authorised by the Drugs (Price Control) Order, 1995

• Packages that contain goods weighing more than 25 litres or 25 kgs except fertilisers or cements sold in bags weighing up to 50 kgs.

• Packaged goods that are targeted at service institutions or institutional consumers like railways, airways, hospitals and hotels.

Documents Required for Legal Metrology Registration

If you are willing to apply for LMPC registration, then here are the documents required for the same:

• Identity and residential proofs (Aadhaar Card, Voter ID card, Passport)

• Digital Signature Certificate of the authorised signatory (DSC)

• NDMC/MCD/DDA license for manufacturing, trading or factory. In case the MCD license is not available with the applicant, then an affidavit shall be submitted stating that the business premises are not located in a non-conforming area that can be sealed by the MCD.

• GST registration certificate

• Partnership deed (in case of partnership firms) or Memorandum of Association (in case of companies)

• Import Export Code (IEC)

• Passport size photographs (of all the directors, partners and proprietors)

• Proof of commercial area

• Packaging material, slips, stickers and labels that are pasted on the packaged commodities

• Receipt of offences that are challenged or whether it is compounded

Declarations While Submitting LMPC Certificate Registration Application

When you submit the legal metrology certificate application, you shall also submit the following declarations:

1. Whether the package is a wholesale package or retail package

2. Whether the packaging is being done in standard quantities as per Rule 5 of Legal Metrology (Packaged Commodities) Rules, 2011

3. Whether the package contains food items or perishable commodities

4. Whether the package is a group package, combination package or multi-piece package

5. Whether the items are packaged only as raw materials for specific industries

6. Whether the packaged items will be exported out of India

7. Whether the packaged items consist of fast food items

8. Whether your shop/premises are owned or rented

9. Whether the package includes any non-scheduled/scheduled formulations as specified under the Drugs (Price Control) Order or agricultural products of 50kgs or above

10. Whether your premises were earlier inspected by the W&M Department

11. The offences that you have challenged and whether it is compounded

12. Whether your firm was challenged for violating the Weights & Measures law during the last 3 years. If yes, provide the date of the challan and other details.

Disclosures on the Package

The Legal Metrology law prescribes the disclosures required on the pre-packaged commodities. Without disclosure of mandatory information, you cannot import, sell, manufacture, distribute or pack the pre-packaged commodities. The information required to be disclosed includes:

• Date of manufacturing, import or packing

• Date of expiry in case of food items

• Maximum Retail Price (inclusive of GST)

• Quantity of the product

• Generic name of the product

• Net contents of the products (in terms of weights/length/volume)

• Country of origin of the imported goods

• Details of the consumer care

Benefits of LMPC Registration in India

Legal metrology certificate in India provides multiple benefits to the holder, including but not limited to the following:

• Promotes Import: Legal metrology registration makes it easier to import goods in India as it specifies that you have completed the legal metrology course.

• Safeguards Consumer Interest: LMPC ensures accurate weights, measurements and disclosure of crucial information to the consumers. This safeguards the interest of consumers in India.

• Enhances Goodwill of Business: LMPC certificate indicates that the business is compliant and genuine. This creates a sense of trust in the minds of the consumers that in turn, enhances the reputation of the business.

• Saves Time and Cost: The LMPC requires disclosure of all the crucial information in the packaging itself. This includes contents, weights, properties and all the crucial details of the packaged goods. This saves tons of time during the customs clearance of the packaged commodities. This also helps avoid any unnecessary delays, accelerates the customs process and helps avoid significant penalties.

Penalties in Case of Non-Compliance with LMPC Rules

In case of non-compliance with the LMPC rules, then the following penalties shall become applicable:

• In case the LMPC import license is submitted more than 90 days after the beginning of the incorporation process, then a late fee of Rs. 5000 shall be levied (for Delhi).

• Violation of the norms for weights and measurements by the manufacturers, importers, packers and dealers shall attract a fine of up to Rs. 10,000 or 1 year of imprisonment.

• Violation of Section 11 of the LMPC act by an importer, manufacturer or packer shall attract a fine of Rs. 10,000 or 1 year of imprisonment.

• In case a manufacturer, importer or packer delivers quantities less than what the consumer has paid for, then a fine of Rs. 10,000 or 1 year of imprisonment shall be levied.

• Failure to submit the annual return by the manufacturer or importer shall attract a fine of Rs. 5000 or 1 year of imprisonment.

• The importer shall be liable to a penalty in case the label on the product has unverified weight.

• Manufacturers, distributors, sellers and importers who sell products without LMPC declarations on the package shall pay a fine of Rs. 2000 to Rs. 10,000 or 1 year of imprisonment or both.

• As per Section 19 of the Legal Metrology Act, 2009, import of any measure or weight shall be allowed only on the basis of an importer certificate.

Licenses Under Legal Metrology

Products like thermometers and weighing machines fall under the categories of weights and measurements and involve 4 different types of legal metrology registrations. These include:

• Model Approval Certificate: The model approval certificate is granted by the Central Government and is applicable to the products that fall under the weights and measurements category. A sample is required to be submitted to the laboratory for testing to confirm whether it complies with the Indian standards or not.

• Import License: The importers are required to obtain an import license under legal metrology if they wish to import weights and measurements. Import license can be applied for after obtaining model approval. An import license is granted by the state government where the goods are imported.

• Packaged Commodity Registration: Packaged commodity registration is applicable to all the packaged commodities that are to be sold to retail customers. Importers and manufacturers shall provide all the relevant information on the packaged products. The information shall be in compliance with the guidelines mentioned in the relevant rules. The packaged commodity registration is granted by both the Central and State Governments.

• Dealership License: If the importer imports products and sells them within the same brand name, then he shall obtain the dealership license from the legal metrology department. The dealership license is granted by the central or state government where the company is registered.