The Legal Metrology Act, 2009 (‘LMA’) was introduced to safeguard consumer interests and rights.
Effective from April 01, 2011, LMA establishes and enforces standards for packaged products.
The Legal Metrology department is the nodal agency for enforcement of the LM act 2009 across India.
The LM Department was formulated by the Ministry of Consumer Affairs with an aim not only to protect the interests of end consumers, but also to ensures a fair-trade practice among manufactures/ packer and importer of pre-packed goods.
The Legal Metrology Certificate law is applicable to all packaged products which are manufactured/imported and sold in ‘packed form’ in the Indian market.
Legal Metrology is the most common license that comes with a limited to infinite validity and applicable to all the pre- packaged goods.
For Manufacturers/ Packers and Importer this license is available with different capacities.
The LM Act 2009 categorizes licenses into two corresponding product categories for a comprehensive understanding of the Legal Metrology Licensing regime:
1. Certification for Weight and Measurement products
2. Certification for non-weight and measurement products
Products that pertain to the “weight & measures” category, like weighing machine and thermometer, fall under the category of Weights & Measure which needs to take four different registrations from the legal metrology registration department, i.e.
• Model Approval
• Packaged Commodity Registration
• Import License
• Dealership License
• Repairer License
• Stamping & verification
Products that are not falling under the category of the “Weights & Measure Certificate” category need to take only the ‘Packaged Commodity Registration' from the department.
• Model Approval Certificate: Section 22 of the LM ACT 2009 defines model approval certificate; as a certification that aims to ensure the quality of the product as per the need of Indian Customers.
This is applicable only on products that fall underweight & measurement category. This model approval registration shall be granted by the Central Government.
To get this certificate we need to file an application in the central along with the fee that may vary from product to product, samples of the product is also required to submit along with application to test if it is according to Indian standards or not.
• Packaged Commodity Registration:
Packaged Commodity Registration (popularly known as LMPC, PCR or Rule 27 Certification) is the license that is applicable on all the manufacturers/packers, Importers whosoever dealing in pre-packed commodities with their name and branding in India.
This is applicable to all the packaged commodities which are to be retailed to end consumers.
Manufacturers/Importers need to provide relevant product information on packaged goods.
This information needs to follow the guidelines defined in the packaged commodity rules 2011.
This Packaged Commodity Registration shall be granted by both state and central government.
Legal Metrology Registration Can be Applied in Two Capacities
Manufacturer/Packer
Importer
• Import License: Once model approval is done, we must apply for Import License for that approved model from the legal metrology registration department. This registration shall be granted by the central on the recommendation of the state government where the goods will be imported.
• Dealership License: If the Manufacturer/packer or importer are engaged in selling any weight and measurement products, with their name & brand name then they must get the dealership license from the Legal Metrology Department.
This license shall also be required in case they are selling the W&M Products of other companies.
The Dealership registration shall be granted by the central/state government where the company is registered.
• Stamping & Verification: Stamping and verification certificate is a mandatory certificate that have to take by the manufacturer or importer of any weight and measurement product before sale of the product to end consumer, the purpose of this certificate is to reinsure that manufacture or importer , manufactured or import and sale the same product for which they have obtain a model approval certificate.
Common Documents for general Legal Metrology License
• Company Incorporation Certificate
• GST of all the registered places
• IEC Certificate in case of Importer
• Authorised Signatory Details
• List of Products
• Director Details
• MRP Label
• DSC Certificate
How ASC Can Helps You to Obtain a LMPC Certificate for Import & Model Approval Certificate?
• Assistance in obtaining Legal Metrology certificate in various capacities, i.e., as an Importer / Manufacturer / Packer
• Advisory in preparation of application and arrangement of Model Approval Certificate (applicable for “Weights & Measure Certificate” products)
• Arranging Issuance of Dealership License / Manufacturing license and assistance in the stamping of products
• Provide consultancy regarding Legal Metrology and Weights & Measure Certificate laws and assistance in drafting MRP stickers.
• Consultancy for Director’s Nomination and issuance of Nomination certificate as per Legal Metrology applicable rule.
FREQUENTLY ASKED QUESTIONS
Q
What is the Law under Legal Metrology Registration Act?
A
Legal Metrology treats units of weight and measurement, methods of weighing and measurement, and weighing and measuring instruments in relation to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of weighing and measurement.
In order to ensure uniform enforcement of laws related to matters in Legal Metrology throughout the country, the Govt. has enacted:
(1) The Legal Metrology Act, 2009
(2) The Legal Metrology (Packaged Commodities) Rules, 2011
(3) The Legal Metrology (General) Rules, 2011, and
(4) The Meghalaya Legal Metrology (Enforcement) Rules,2011.
Q
Who is competent authority to grant legal metrology license?
A
The controller of the legal metrology registration department is the competent authority to grant the legal metrology license. Application for a license should be submitted to the Inspector of legal metrology who will inspect the firm and forward the same to the Controller of Legal Metrology with recommendations for consideration.
Q
What are commodities covered under the Rules?
A
All pre-packaged commodities except otherwise exempted from the rules are covered under the Rules. The exemption is given for drugs, fast food items, and packaged commodities sold in packages up to 10g or 10ml.
Q
Can a person use unstamped Weights & Measure Certificate?
A
No, Weights & Measure Certificate shall be sold or offered, exposed or possessed for sale or used or kept for use in any transaction or for protection unless it has been verified & stamped that too by a licensed manufacturer/dealer of Legal Metrology Officer.
Q
How can consumer ensure Weights & Measure Certificate standard?
A
Every weight & measure is manufactured as per the specification and model laid down by the Govt. of India. Weights & Measure Certificate used by the traders are verified & stamped by the Inspector of the legal metrology registration department, after due verification, with a seal for ensuring the integrity of the stamp of the Inspector and the quarter in which it is verified.
Q
What is Pre-Packaged Commodity?
A
Pre-packaged commodity" means any commodity which, is placed in a package without the purchaser being present, of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity is a pre-packed commodity.
Q
Is Legal Metrology rules applicable to imported Packages?
A
Yes, the Rules are applicable both to imported Packages as wells as the indigenous packages.
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