The Legal Metrology (Packaging Commodities) Amendment Rules, 2023, mandates the importer to comply with the rules of the Act within the stipulated time limit. The Legal Metrology (Packaging Commodities) Amendment Rules, 2023 helps ensure that all manufacturer, importer or packager abide by the rules that declare the net weight, volume, and quantity to be provided in the package as per the Act.
What is Legal Metrology (Packaging Commodities) Act?
The LMPC has been established to ensure the risk and safety of imported packaged commodities. Rule 27 of the Legal Metrology Pre-Packaged Commodities Rule has mandated that all manufacturers, importers, or commercial packers obtain the LMPC certificate.
What Are Amendments Of Legal Metrology (Packaging Commodities) Amendment Rules, 2023?
The Ministry of Consumer Affairs (MoCA)[1], Food and Public Distribution notified on November 02, 2021, that the Legal Metrology (Packaged Commodities) Amendment Rules, 2021 is effective from April 01, 2022. The following are some of the amendments.
- Packaged commodities grouped for retail sales should comply with mandatory declarations in each package.
- The unit price should be declared in Indian Rupees and the MRP (Maximum Retail Price).
- The Unit price will be declared on every package per the prescribed format.
What Are The Features Of The Amendments?
The Ministry of Consumer Affairs (MoCA), Food and Public Distribution, made a notification again on March 28, 2022, with further amendments in the Legal Metrology (Packed Commodities) Rules, 2021. The said rules are effective from October 01, 2022. The following are the further amendments that were to be effective.
- The unit sale price should be in rupees, and it is to be rounded off to the nearest two decimal places. This unit price shall be declared on every pre-packaged commodity as follows.
- The unit price should be mentioned in the package per gram where the net quantity is less than one kilogram and per kilogram where the net quantity is more than one kilogram;
- Per centimetre, where the net length of the commodity is less than one metre, and per metre, where the net length of the commodity is more than one metre;
- Per millilitre, where the net volume of the product is less than one litre, and per litre, where the net volume of the product is more than 1 litre;
- Per a number of any item is sold by number or unit bases. Provided if the packages contain alcoholic beverages or spirituous liquor, the State Excise Laws and the rules made thereunder shall be applicable within the State in which it is manufactured and further that declaration of the unit sale price is not required for the pre-packaged commodities if the retail sale price of the commodity is equal to the unit sale price.
- The Second Schedule of the Act specifies the quantities of commodities by weight, measure or number, which has yet to be included.
- No punishment will be initiated against the manufacturer, packer, or importer of pre-packaged commodities for making a declaration effective from April 01, 2022, per Legal Metrology (Packaged Commodities) Rules, 2021.
Further, the Ministry of Consumer Affairs, Food and Public Distribution, in its notification dated September 30, 2022, had notified that the Legal Metrology (Packaged Commodities) Amendment (Amendment) Rules, 2022 and the said amended rules and the date of implementation of Legal Metrology (Packed Commodities) Rules, 2021 was extended from October 1, 2022, to December 1, 2022, has some following modifications.
- The Government has notified that the Garments and Hosiery products are exempted from the amendment’s scope. So that customers can check the quality of the goods before purchasing.
- The rule amended the guidelines for the declaration of manufacturing date, MRP and quantity of goods.
- Applicants must submit a declaration per the amended packaged commodities rule 2022. The primary intent of the declaration is to mention the unit sale price of the product in the package, which is meant for retail for easier comparison at the time of purchase.
What Are The Recent Legal Metrology (Packaging Commodities) Amendment Rules, 2023?
In its notification, the Ministry of Consumer Affairs, Food and Public Distribution has notified the Legal Metrology (Packaging Commodities) Amendment Rules, 2023, with the following.
The said rule further amends Rule 1, sub-rule (2), for the figures, letters and words- “1st day of December 2022” and substitutes the same with “1st Day of January, 2023”. Which shall now be effective from January 01, 2023.
How To Apply And Get An LMPC Certificate?
The following are the steps that are to be followed to get the LMPC license in India for packaged commodities.
- Step 1: Application to Legal Metrology Department
The importer can obtain the license by submitting the application form to the director or any other authority of the Legal metrology department of your area or local limit.
- Step 2: Documents Verification and Submission
All the relevant documents should be verified and submitted along with the application, such as a copy of the incorporation certificate, a copy of the current license to operate as owner and also documents that prove the payment of income tax, along with other documents that the director of the metrology request. The application should be mandatorily filed 90 days from the start of import activity.
- Step 3: Registration Fees
After verifying all the relevant documents, the applicant should apply with the application fee of Rs. 5oo. Later the application will be moved forward to the director or any authority of the Legal metrology department for review. The director conducts the review by visiting the applicant’s commercial or business premises. Once the authority finds everything satisfied, they proceed with the registration and provide the LMPC importer license within 10 days from the date of application.
Conclusion
An LMPC certificate ensures the importer’s rights and says that the goods and commodities have been passed successfully through the clearance process. Not having an LMPC certificate will lead to delay or rejection of the goods by the Customs, which may negatively impact the importer’s business and invite unnecessary penalties. The Ministry of Consumer Affairs (MoCA), Food and Public Distribution, made a notification on has notified that the Legal Metrology (Packaging Commodities) Amendment Rules, 2023, need to be followed and effected from April 2023.
Read Our Article: Legal Metrology Packaged Commodities Rules
