Saturday, April 20, 2024

How to obtain Legal Metrology Certificate for Import – LMPC Certification

What is Legal Metrology?

Legal Metrology governs by the Legal Metrology Act, 2009, and the Legal Metrology (Packaged Commodities) Rules, 2011 in India. The Act applies to all measurements taken for commercial transactions, including those made in manufacturing, import, export, distribution, and sale of goods and services. It provides for the appointment of a Controller of Legal Metrology, who oversees the implementation of the Act in the country. The Controller is responsible for approving the design, and specifications of measuring instruments, certifying their accuracy, and regulating their use in commercial transactions.

Legal Metrology is a regulatory framework that ensures the accuracy and reliability of measurements in trade and commerce. The purpose is to safeguard the interests of consumers and traders by providing a transparent and fair system for weighing and measuring goods and services.

Legal metrology also mandates that measuring instruments must be verified and re-verified at specified intervals, and any deviations from the prescribed standards must be rectified. It regulates the units of measurement used for commercial purposes, such as weight, volume, length, time, and energy, and provides guidelines on how to use and maintain measuring instruments.

Why do I require legal metrology Registration?

Legal Metrology registration is mandatory for businesses deal with packaged goods in India. Here are the reasons why LMPC registration is necessary:

  1. Compliance with regulations: LMPC registration ensures that enterprises meet the regulatory requirements of the Legal Metrology Rules, 2011. These regulations protect the consumers and assure that packaged goods are appropriately measured and labeled.
  2. Consumer protection: LMPC registration ensures that packaged products fulfill the prescribed weight, volume, and measurement standards. As a result, customers are protected from being misled by incorrect labeling and ensure that they receive the correct amount of product for their money.
  3. Avoid penalties: Penalties and legal action may result from breaching LMPC regulations. Businesses that have LMPC registration meet the prescribed standards and avoid penalties. 
  4. Market access: LMPC registration is a prerequisite for businesses to sell their packaged goods in the Indian market. Businesses cannot legally sell their packaged goods in India without LMPC registration.
  5. Business reputation: LMPC registration is a symbol of excellence and reliability. It reveals that a business is committed to meeting regulatory standards and ensuring consumer protection. This helps to enhance the reputation of the business and build trust with customers.

How to obtain a legal metrology Certificate for Import?

If you are an importer and want to obtain an LMPC certificate for import, here are the steps you need to follow:

  1. Obtain Import Export Code (IEC): You must have an Import Export Code (IEC) from the Directorate General of Foreign Trade (DGFT) to import products in India. This is a mandatory requirement for importers and can be obtained online from the DGFT website.
  2. Register with the Legal Metrology Department: After obtaining the IEC, you must register with the Legal Metrology Department in the state where you intend to import the products. You can do this by submitting an application along with the required documents and fees.
  3. Submit required documents: Submit various documents such as the bill of entry, invoice, packing list, and certificate of origin. These documents are required to verify the authenticity of the goods and ensure that they meet the prescribed standards.
  4. Verification of goods: The products will inspect by the Legal Metrology Department to ensure that they fulfill the prescribed standards of weight, volume, and measurement. The inspection will also verify that the labeling is accurate and that the correct information is provided on the label.
  5. Issue of LMPC certificate: The Legal Metrology Department will issue an LMPC certificate to the importer if the products are with simply the prescribed standards. The certificate is valid for 5 years and indicates that the goods comply with the regulatory requirements of the Legal Metrology (Packaged Commodities) Rules, 2011.

Validity of legal metrology Certificate

The validity of an LMPC certificate in India is 5 years from the date of issue. After the expiry of the certificate, enterprises must renew it to continue selling their packaged goods in the market.

It is vital for businesses to keep track of the validity of their LMPC certificate and assure that it is renewed before the expiry date. Penalties and legal actions may occur for failing to renew the certificate. Any changes in the manufacturing process or packaging may require re-certification to ensure that the product continues to comply with the regulatory requirements.

How To Track an LMPC Application

If you have applied for an LMPC certificate in India, you can track the status of your application using the following steps:

  1. Visit the Legal Metrology Department website where you have applied for the LMPC certificate.
  2. Navigate to the application tracking page, and click on the “Application Tracking” or “Status” tab.
  3. Enter the application details including the application number or reference number that was given to you when you submitted the application.
  4. Once you enter the application number, you will be able to view the status of your LMPC application. The status will indicate whether the application is under process, approved, rejected, or pending additional information.
  5. If you have any questions or concerns about the status of your application, you can follow up with the Legal Metrology Department by contacting them through the website or by phone.

It is important to note that the time taken to process an LMPC application may vary depending on the state, the type of product, and the complexity of the application. 

Declarations that need to be made for the LMPC certificate

When applying for an LMPC certificate in India, there are certain declarations that need to be made by the manufacturer or packer of the packaged goods. These declarations are as follows:

  1. Declaration of Name and Address: The manufacturer or packer of the packaged goods must declare their name and address on the package’s label.
  2. Declaration of Net Quantity: The net quantity of the packaged commodity must be declared on the label. The declaration should be in both metric units (grams, kilograms, milliliters, liters, etc.) and non-metric units (pounds, ounces, fluid ounces, etc.) as per the prescribed standards.
  3. Declaration of Month and Year of Manufacture: This declaration is mandatory for packaged goods with a shelf life of up to 3 months.
  4. Declaration of Maximum Retail Price (MRP): The declaration should be in both metric and non-metric units as per the prescribed standards.
  5. Declaration of Customer Care Details: The customer care details of the manufacturer or packer, including the toll-free number, email address, and website, must be declared on the label.
  6. Declaration of FSSAI License: If the packaged commodity is a food product, the FSSAI (Food Safety and Standards Authority of India) license number must be declared on the label.
  7. Declaration of BIS Certification Mark: If the packaged commodity is covered under the mandatory BIS (Bureau of Indian Standards) certification, the BIS certification mark must be declared on the label.

Products exempted from legal metrology Certificate

In India, there are certain products that are exempted from the requirement of an LMPC certificate. These products are as follows:

  1. Unpackaged Goods: Goods that are sold loose or not packaged, such as fruits, vegetables, grains, and other commodities, are exempt from the LMPC certificate requirement.
  2. Institutional Sales: Goods that are sold for institutional purposes, such as schools, hospitals, and other public institutions, are exempt from the LMPC certificate requirement.
  3. Industrial Goods: Goods that are used for industrial or commercial purposes, such as chemicals, lubricants, and other similar products, are exempt from the LMPC certificate requirement.
  4. Medical Supplies: Medicines, medical devices, and other medical supplies that are regulated by the Drugs and Cosmetics of Act, 1940, are exempt from the LMPC certificate requirement.
  5. Export Goods: Goods that are intended for export and are not meant for sale in the domestic market are exempt from the LMPC certificate requirement.
  6. Packaged Goods with Low Net Quantity: Packaged goods with a net quantity of fewer than 10 grams or milliliters are exempt from the LMPC certificate requirement.

It is important to note that although these products are exempted from the requirement of an LMPC certificate, they still need to comply with the legal metrology standards and regulations. The manufacturers and sellers of these products must ensure that the goods are accurately weighed, measured, and labeled with the prescribed standards.

Conclusion

This article tells you about legal metrology and how to obtain a legal metrology certificate for import as it ensures that measuring instruments are accurate and that packaged products meet the prescribed weight, volume, and measurement standards. It also includes why an LMPC certificate is required for import and how to obtain the LMPC certification. You got to know how to track the LMPC application and what is the declaration to be made for the LMPC certificate along with production exempted from the LMPC certificate.

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