Getting an LMPC certificate provides the right to the importers or manufacturers dealing in pre-packaged commodities. The LMPC license facilitates the movement of goods and customs clearance with low cost and time by an LMPC license application. If any importer has yet to comply with the Legal Metrology Packaged Commodities Rules, then it would lead to detaining of imported goods by customs authorities.
Who Grants The LMPC Certificate?
The applicant should file an LMPC license application to the controller or the officer of the Legal metrology department in the State, and the Director of Legal Metrology at the Centre grants an LMPC certificate depending upon where the business premises.
Why Does An Importer Need An LMPC License Application?
As per the Legal Metrology Act, pre-packed commodity registration is mandatory for all importers who import a pre-packed commodity to India. According to rule 27 of the LMPC Act, getting a license for pre-packaged goods is mandatory by LMPC license application to the respective authority. If compliance with packaging commodity rules has yet to be done before the goods arrive in India, then penalization is done. Under these rules, importers must ensure that certain mandatory declarations are made on the package of the pre-packed commodities.
What Are The Different Kinds Of LMPC Certificates?
There are two kinds of LMPC registrations are available under the LMPC Rules based on which LMPC license application is filed.
- LMPC License for Importer Registration under Rule 27: This registration is for importers who import does not do any further packing and labelling activity in the pre-packaged commodity, to sell their products in India.
- LMPC License for Packer & Manufacturer Registration under Rule 27: This registration shall be required if the businesses manufacture and pack the goods by themselves or if the businesses are getting manufactured goods from a third party getting them packed in their brand.
How Can the LMPC License Is Applied?
The followings are the procedures for LMPC license application and the process to obtain it.
Step 1: Fill Out the Application Form
The first step for obtaining the LMPC license is, filling out the application in online or offline mode. Most states have shifted their registration process for a hassle-free online experience. The controller or officer of that particular State’s legal metrology department is the nodal officer for licensing your business.
Step 2: Verify and Attach the Required Documents
Another step in the LMPC license application is getting all the relevant documents for applying for the license, such as MOA or AOA documents, GST registration, Identity proof of the business premises and the owner, and any additional documents the controller of the metrology department request.
Step 3: Submitting the Application Along With the Cost
After collecting all the relevant documents, the application can be filed along with the documents and the registration fees. If the Manufacturer or importer files the application, the registration fee is Rs.500 or else the application costs Rs.100 for the dealers and repairers.
Step 4: Granting Of a License
The application filing must be done within 90 days from the date of import. Once the application is filed, it is verified for its genuineness. The controlling authority verifies all the documents and visits the business premises directly to verify all the activities. If the officer satisfies the application, he grants the license, or else the application can be returned if the application is incomplete or missing any document. This entire registration process takes around 7 to 10 days to complete the process.
What Is The Validity Of The LMPC License?
The numerous licenses or registrations under Legal Metrology Act have varying validity periods. In India, each State has its customized set of rules and regulations in Legal Metrology laws, validity length, renewal process, etc. The validity of Legal Metrology Packaged Commodities certificate or license is valid for 1 to 5 years, depending upon the State’s legal metrology department, which is the nodal agency for granting licenses for LMPC.
What If The Importer Failed To Obtain The LMPC License Within The Prescribed Period Of Time?
The applicant should apply for the LMPC license within 90 days from the import’s commencement date. If the business fails to obtain the registration within the prescribed time period, the owner may face penalties with a fine or imprisonment. If the business is a partnership firm, then each partner of the partnership firm may be punished.
Documents Required For LMPC License
Following are the documents required for LMPC License:
- Importer Exporter Code (IEC) certificate of the business
- Business constitution proof (MOA and AOA)
- Passport Size photograph of the applicant
- Identity proof and address of the applicant (Passport, Aadhar card)
- Sample of declaration (Label) to be placed on the commodity for verification
- ID proof of the Authorized Signatory.
- GST registration certificate
- PAN card of the applicant or business owner
- Registered Partnership Deed in case of a Partnership firm/ Memorandum of Articles in case of a company.
- Proof of commercial buildings
- Machinery, tools and accessories list with purchasing bill
- Income tax/ professional tax certificate
Additional Documents That May Be Required:
- Proof of date of birth of the applicant
- proof of Ownership/ lease of premises (rental agreement or EB bill)
- Location map of premises
- No Objection Certificate from Pollution Control Board or any such competent authority if needed.
What Declarations Will Be Made In Pre-Packaged Commodities To Get The LMPC License?
The importers should provide the following declarations to register the Legal metrology certificate. If any importer or Manufacturer fails to declare the following declarations, the business is ineligible to apply for the LMPC license.
- The package made by the Manufacturer or the business that does packing should make available standard quantities in the package as per rule 5 in the LMPC.
- It is necessary to declare whether the package is a combination, group, or multi-piece package.
- Should mention at the time of licensing whether the package is a retail package or wholesale package.
- The detail of the commodity is mandatory if the package contains perishable commodities like food items.
- Should declare whether the packaged goods would also be exported to other countries.
- Whether the pre-packaged item that is imported is going to serve as only raw material for a specific industries.
- The declaration is mandatory if the package has a fast-food item.
- The declaration is necessary when the package has an agricultural product of 5o kg and above.
- Whether the premises are owned or rented.
- Should declare that the company has not been challenged for the last 3 years for the violation of Weights and Measures law.
- Should declare that the premises have been visited and verified by the authority of the Weights and Measures department.
- Declaration of any offences has been made earlier.
Conclusion
As per Legal Metrology Act, 2009[1], every sale or distribution of all pre-packaged goods in India, such as export goods, food products, and consumer goods, need a Legal Metrology Certificate from the Metrology Department of Consumer Affairs. The LMPC license application plays a major in applying for the certificate. Before filing an application, every document should be analysed and ready to avoid penalization.
Also Read:
Eligibility And Offerings In Support Of LMPC Registration
