Packaged Commodity Registration

An Overview of the Packaged Commodity Registration

In accordance with Rule 27 of the Legal Metrology (Packaged Commodity) Rules, 2011, an application is needed to be filed for registration mandatorily with the Director or the Controller of the Pre-Packaged Commodities for the purpose of selling the Packaged Commodities to the Consumer.

Under this Rule, every Packager, Producer and Importer of the Pre-Packaged Commodity mandatorily requires Packer Registration. The Legal Metrology (Packaged Commodity) Rules, 2011 lays down the responsibility of every Packager for mandatory declarations to be made. For the import of Pre-Packaged Commodities, the applicant needs to ensure that the packaging procedure of the applicable commodity is in complete accordance with the Packaged Commodity Rules, 2011 and the Legal Metrology Act, 2009.

The purpose of the Packaged Commodity Registration is to ensure uniformity in the maintenance of all the set Rules and Regulations that are to be mandatorily followed in order to avoid any non-compliance resulting of committing of offences.

Registrations and Permissions for Packaged Commodity Registration

As per the Legal Metrology Act, 2009, there have been multiple amendments and enactment of Rules over the time frame as deemed necessary. One of the essential Rules issued specifically for the Producer, Importer, Seller, Distributor, and Retailer of the Pre-Packaged Commodity is known as the Legal Metrology (Packaged Commodity) Rules, 2011.

The following mentioned are the registrations and permissions mandatorily required in connection to Packaged Commodity Registration –

• Importer Registration
• Manufacturer Registration
• Packer Registration
• Permission to Use Shorter Address

Upon acquiring the above-mentioned registrations, the Packaged Commodity Registration will be granted.

Importer Registration

Any person or company involved in the business of importing of packaged commodities anywhere across India need to mandatorily apply for an Imported Registration anywhere across India in accordance with Chapter 6, Rule 27 of the Legal Metrology (Packaged Commodity) Rules, 2011. According to the Rule, it is mandated that only the set Standard Packaged Commodity are permitted for import in India.

Manufacturer Registration

Any person or company that manufactures Packaged Commodity, or is responsible for applying marks to the packaged commodity that is manufactured by another producer, requires a Manufacturer Registration. It is mandatory for all the producers of Pre-Packaged Commodities to apply for the Manufacturer Registration in accordance with the Rule 27 of the Legal Metrology (Packaged Commodity) Rules, 2011.

Packer Registration

Any person or company involved in the business of Pre-Packaging or Packaging any Commodity no matter the means of packaging material, whether the commodity is packaged in a bottle, wrapper, tin, or any other source of material, either for the purpose of Retail Business or Wholesale Business, needs to obtain a Packer Registration.

If the Packaged Commodity is sold in more than one state, then the Packager, Producer and Importer have to mandatorily obtain a Packer License from the Central Government of India. If the commodity is sold in one state, then the Packager, Producer and Importer have to obtain the Packer Registration License from the applicable State Government of India. It is also commonly known as LMPC Certificate.

Criteria for Filing Importer/Manufacturer/Packer Registration Application

The application for Importer /Manufacturer/Packer Registration is obtained from the Director or Controller of the Central Legal Metrology Department, located at New Delhi. This Importer Registration grants authorisation relating to Packaged Commodities anywhere across India.

The following criteria are essential to be followed for the purpose of filing the Registration License –

• All the premises to be utilised for the Pre-Packaged Commodity and Packaged Commodity must be mandatorily be mentioned in the Registration Certificate.
• All the items to be utilised for the Pre-Packaged Commodity and Packaged Commodity must be mandatorily be mentioned.
• All the premises that are added or deducted later for importing/manufacturing/packing Pre-Packaged Commodity and Packaged Commodity must be mandatorily be mentioned in the Registration Certificate.

Permission to Use Shorter Address

As the labels of the Packaged Commodities need to include all the mandatory information, there is a higher possibility that there is not much availability of space on the label to fit everything. Henceforth, for inclusion of all mandatory declarations, in accordance with Rule 28 of the Legal Metrology (Packaged Commodity) Rules, 2011, the Packager, Producer and Importer need to issue a Permission to Use and Shorter Address of the label of the Packaged Commodity. The Application Form for the Permission to Use and Shorter Address is filed with the Director or Controller mentioning the registered address and the short address to be used as per preference.

This permission is granted upon satisfaction of the department that the short address will be enough for the consumer and the stakeholder to identify the contact details of the Packager, Producer and Importer to seek assistance for any issues or queries that may arise.

Documents for Packaged Commodity Registration

The following are the general Documents filed along with the application for Packaged Commodity Registration –

• Details of the Applicant Company's Name and Complete Address
• Complete Details of the Commodities being packaged
• The applicable fees of the applicable Registration being applied for
• Self-Attested Documents as deemed necessary in accordance with the applicable Registration being applied for
• Passport Size Photographs
• Tax Registration Proof
• A Copy of the Trade License, or Factory License or Manufacturing License. If none are available, then an Affidavit of Undertaking needs to be submitted
• The Memorandum of Association, also known as the MoA and the Article of Association, also known as the AoA of the Applicant Company.
• Any other mandatory Document required as per the applicable Registration being applied for as deemed necessary.

Procedure for Packaged Commodity Registration

As per Rule 27 of the Packaged Commodity Rules, 2011, the applicant needs to submit all the required applications for all the mandatory registrations. After submission of the Application Form and required Application Fee, an Evaluation of the Documents submitted is conducted. After that, the appropriate authorised personnel are assigned to conduct a physical inspection of the applicable premises. If the Inspection Report is deemed satisfactory, the applicable Registration Form will be accepted and forwarded to the Zonal Officer to grant the applicable Registration.

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