A Complete Analysis of Packer Registration under Legal Metrology

Any individual or entity who deals in pre-packed goods or products must be registered as a Packer or an imported under Legal Metrology Act. The Legal Metrology (Packaged Commodities) Rules, 2011 outline the compliance with all legal necessities adhered to by those who deal with & make some declarations regarding “Packaged Commodities”. In this blog, we will discuss Packer Registration under Legal Metrology.

What is PackerRegistration under Legal Metrology?

According to the Legal Metrology Act, a Packer who distributes or sells pre-packed commodities have to apply for the Registration of packaged commodity as per Rule 27 of the Legal Metrology Rules, 2011; the Registration is called Packer Registration under Legal Metrology.

What is a Pre-Packed Commodity?

As per the law of Legal Metrology, a Pre-packed Commodity is defined as a commodity placed in any package without the presence of a purchaser. The package can be sealed or unsealed so that the product inside the package has a pre-determined quantity.

Important Instructions Regarding Packer Registration under Legal Metrology

Following are some important instructions regarding Packer Registration under Legal Metrology:

1. The address at which the registered office of the firm or company is situated is to be cited, including the street name and number assigned to the premises of the packer;
2. For the addition of any pre-packed commodities to be packed or manufactured, or imported in future, the actual Certificate has to be submitted to the concerned Department along with the requisite fees for the issue of a revised Certificate;
3. In case of a concern having more than one factory or unit, the Registration in regard to the registered office of the firm or company is necessary;
4. The application for Registration should be submitted by the applicant in person/individual or through their authorised representative. An incomplete application n will not be accepted;
5. The Registration Certificate will be sent to the applicant by post only. In no instance will it be handed over to the applicant or their authorised representative.

Mandatory Commodities in Pre-Packed Forms by Legal Metrology – Packer Registration under Legal Metrology

Every package shall bear plain, definite, and conspicuous declarations:

1. The name & address of the packer (in case of Packer Registration under Legal Metrology);
2. The common or generic name of the commodity contained in the package;
3. If the commodity contained in the package is sold, the commodity number in the package shall be mentioned;
4. Commodity’s dimensions contained in the package & if the dimensions of the different products are different, then the dimension of each item shall be mentioned;
5. Every package shall bear the name, contact number, address, and email address;
6. The total quality in terms of the standard unit of weight/measure of the commodity contained in the package;
7. The month & year in which the commodity is manufactured/pre-packed/imported shall be mentioned on the package.

Some Important Provisions in Package Commodities by the Legal Metrology Act/Rule

Following are some vital provisions in Package Commodities by the Legal Metrology Act/Rule:

• No individual shall charge more than MRP;
• A sticker cannot be used to change or make a statutory declaration;
• MRP comprises all Transport, Packaging, Taxes, Freight & Delivery charges;
• No individual shall smudge or alter or obliterate the MRP;
• While buying combo packs of bedsheets, towels, napkins, etc., look for the size of each item, the number of items & the retail sale price of each item.

Important Details on the Principal Display Panel for Customers by Legal Metrology Department

Following are some vital details on the Principal Display Panel for a customer by Legal Metrology Department:

1. Every mandatory declaration which is to be made on the pack shall be prominent & legible and evidently declared on Principal Display Panel(PDP)and shall be free from any type of ambiguity.
2. The height & weight of the numerical for declaring net quantity should be as per Legal Metrology Rules.
3. The Retail Sale Price & net content declared on a package should be in contrast colour with the label background.
4. For imported products, the importer’s complete address with a complete postal index number should be cited on the panel.
5. When the product package is provided with a wrapper or outside the container, all the compulsory declarations should appear on such a wrapper or container.
6. Numbers for declaring net quantity should have space above & below the equal height of such numerical & at least twice the height of such numerical on the right & left side in the declaration on PDP.

Documents Required for Packer Registration under Legal Metrology

Following are some crucial documents required for Packer Registration under Legal Metrology, and these documents should be submitted along with the form:

1. Residential address of the Directors or Partners or Proprietors such as passport, Aadhar Card, Voter ID Card, etc.;
2. License for Trade or Factory or Lal Dora Certificate_[1] from MCD or DMC or DDA etc. In case the MCD License is not available with the applicant, an undertaking in the form of an affidavit is to be submitted that the business premises are not located in a non-conforming area and/or are not likely to be sealed by the MCD or relocated;
3. In the case of a Company, submit a Memorandum of Association (MoA) and Articles of Association (AoA) and in the case of a Partnership Firm, submit Partnership Deed;
4. Import Export Code (in case of importers);
5. Photographs of the Directors or Partners or Proprietors such as Aadhar Card, Driving License, Voter ID Card, and Passport, etc.;
6. Packing material or Slip or Label Sticker which is being pasted on the packages;
7. Sales Tax Registration.

Procedure for Packer Registration under Legal Metrology

The legal Metrology Department issues Registration Certificates to all Packers in India for any product packages. Following is the procedure for Packer Registration under Legal Metrology:

1. First, the applicant needs to register or create an account online for filing the online application.
2. Once the applicant creates the account, they will get login credentials.
3. Then, .the applicant can file the application form online for Packer Registration under Legal Metrology.
4. After filing the application form, submit the same along with the vital documents.
5. Once submitted, a concerned officer will visit the area or premise for an inspection on the spot.
6. Once all the above steps are completed successfully, the Department will issue the Registration Certificate.

Penalties related to Packer Registration under Legal Metrology

If anyone violates Rules 27 to 31 of the Legal Metrology is punished with a fine of Rs. 4,000/-. If a company or entity violates, each Director of the Company or the responsible person or individual will be held accountable differently.

Conclusion

There are various business operations to go through weighing & measurements for excellent performance. It is vital for every individual who pre-packs to get Packer Registration under Legal Metrology. Also, it is important to know that Registration under Rule 27 is compulsory for all pre-packed goods. Several High Courts & the Supreme Court have tried to understand the terms using various judicial precedents, but a lack of clarity in this regard continues to prevail among businesses &entities/companies that are not in compliance with the conditions in these rules.

Read our Article:Nomination of Director Under Legal Metrology Act, 2009 – A Complete Analysis