How to Start a LMPC Certificate

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An Overview of the LMPC Certificate

LMPC Certificate or Legal Metrology Packaged Commodities Certificate is a mandatory requirement for importing pre-packaged goods into India. As per the Legal Metrology Act, 2009, all packers & importers of pre-packed products must register under Rule 27 of the Legal Metrology Packaged Commodities Rules, 2011. In India, the Legal Metrology Act 2009 regulates the import, sale & distribution of pre-packed commodities. Registration under this Act establishes a robust impression of consumer awareness & reduction of unfair trade practices of such products.

Obtaining an LMPC Certificate means trustworthy and accurate handling of goods and having correct & accurate measurements. Although, packers importing goods weighing 10 grams/mL or less and agricultural products weighing more than 50kgs are exempted from obtaining the LMPC Certificate in India.

The Legal Metrology Act applies to every pre-packaged Commodity. The international or global units of measurement shall be followed, which shows the following basic units:

  • Length-metre;
  • Mass-kilogram;
  • Electric current-ampere;
  • Luminous Intensity – candela;
  • Time-second;
  • Amount of substance-mole;
  • Thermodynamic Temperature – Kelvin.

What are Pre-Packaged Goods?

Pre-packaged goods are packed & sealed before becoming available to the masses. As a customer, you cannot test the flavour, smell or other properties of such commodities. The main aspect of such products is that the chances of manipulating the quality are NIL. The number of foods consumed as pre-packaged goods or products is countless.These include energy drinks, frozen meals, canned jams, dried fruits, energy bars/protein bars, fruit cocktails, and so on. Products like wool, paint, refrigerators, cement and chemical wires are defined as pre-packed goods.

Benefits of Obtaining an LMPC Certificate in India

The following are the benefits of an LMPC Certificate in India:

  1. Supporting Trade: The Legal Metrology Act is responsible for controlling any unfair & illegal trade practices. The Legal Metrology Act make sure that the measuring instruments are undamaged and in working condition to serve their intended purpose & meet international standards.
  2. Builds Customer’s Trust: Once the Customers realise they are getting a product verified under certain Rules & Regulations, it boosts their Trust in the seller, which eventually results in robust trading bonds.
  3. Taking Government Revenue: This Act ensures complete justice to both the Government & business in a matter related to tax payment. The Government collects its revenue through excise duties imposed on products sold, produced, imported & exported and via taxes levied on measurement. The proportion of mass products can be a massive segment of both export & national pay, especially in articles, such as coffee, coal, timber, god jewels, palm oil, iron-mineral, natural gas, etc.
  4. Reduces the Burden of Technical Barriers to Trade: This Act also reduces the Burden of Technical Barriers to Trade and promotes confidence & clarity of measurement. Fewer amounts of barriers increase the morale of the nation & encourage them to participate in the worldwide trading system, which, as a result, increases the national economic growth. With the help of this, a Trader can avoid useless barriers in the process of adoption, application of technical regulations, conformity & standards assessment procedures.

Important Declaration Made by Importer on their Pre-Packaged Commodity

In order to obtain LMPC Certificate, the importer must ensure that their pre-packaged Commodity carries a declaration with the following details:

  1. Name & address of the Importer;
  2. Name & Address of the Manufacturer;
  3. The generic or common name of the Commodity contained in the package;
  4. Month and year of import or manufacture or pack;
  5. Net quantity, in terms of standard unit measure or weight or in number;
  6. Dimension of the Commodity, if relevant;
  7. In case of consumer complaints, provide the name, address & contact number of the person or office to contact;
  8. MRP or Maximum Retail Price;
  9. Country of Origin of the Commodity.

Note: The declaration varies from product to product and it should be printed in English or Hindi Language.

Documents Required for Obtaining LMPC Certificate in India

Following are some basic documents required for obtaining LMPC Certificate in India:

  1. Identity proof and Address proof of the applicant;
  2. GST Registration Certificate;
  3. Aadhar Number;
  4. Details of the IEC code, which is provided by the DGFT or the Directorate General of Foreign Trade;
  5. Latest photos of the proposed applicant;
  6. Business Registration Certificate;
  7. Proof of the Commercial Premises;
  8. If the commercial enterprise is established under the Companies Act 2013, then the applicant must provide copies of the AoA (Articles of Association) and the MoA (Memorandum of Association);
  9. A single-label sample will be fastened onto the surface of the packaged product.

Procedure for Obtaining LMPC Certificate in India

The application procedure for LMPC Certificate in India varies from State to State. In some states, the online application submission system is available, and in some states, this system is not available. But don't worry; you can contact Swarit Advisors to provide assistance and ease the registration process and reduce the risk of rejection regarding the issuance of an LMPC Certificate. Following is the procedure for LMPC Certificate in India:

Step 1: Filing Application: Once you contact us, our experts will take all the necessary information from you, and they will file the correct application online on your behalf.

Step 2: Documentation: After applying, our experts will prepare all the necessary documents and submit them along with the application form to the concerned Department.

Step 3: Verification by the Concerned Department: Once our Expert submits the application form and documents along with the required fees to the Department. Then they will verify all the documents and application forms.

Step 4: Issuance of LMPC Certificate: Once the Department is satisfied with the application and the importer has filed the declaration, then the Department will issue the LMPC Certificate. After issuing the Certificate, the importer can show that Certificate to the Clearance Authority at the ports to get the products imported.

Note: The LMPC Certificate in India for importing products varies from 1 to 5 years.

Various Rules Regarding Violations and Penalties

The penalties vary as per the offences Importers committed under the Legal Metrology Packaged Commodities Act. Some of these are mentioned in the table below:

Violation

Penalties

Importers, manufacturers, dealers, and packers who didn't follow the prescribed standards of measures & weights

Fine of Rs. 10,000/a year of imprisonment for both

Importers & manufacturers who fail to provide documents detailing their annual returns

Fine of Rs. 5,000/a year of imprisonment, or both.

Importers, manufacturers, sellers & distributors who make a sale of products which do not have an LMPC declaration on the packaging. Every additional offence increases the fine amount by almost twice the sum & may include imprisonment or both.

Fine of Rs. 25,000/-

If Importers, dealers, packers & Manufacturers deliver quality less than what the customer has paid for

Fine of Rs. 10,000/- or a year of imprisonment or both

If the label indicates an unverified weight, then the importer will be penalised.

Fine can vary between Rs 2,000/ &Rs. 10,000/- or a year of jail or both,

Exemptions

An LMPC Certificate is vital to import all pre-packaged commodities into India. However, there are some exemptions to these Rules as well. The following are the exemptions:

  • Commodities with a net weight/measure of 10 gms or 10 mL or less;
  • Agricultural products weighing more than 50kgs are exempted;
  • All the Packages containing formulations covered by the Drugs (Price Control) Order, 1995;
  • All the packages containing fast food products are packaged by a hotel or a restaurant.

Also, as per the Legal Metrology Packaged Commodity Act, regarding provisions for packages intended for retail sale, the Rules will not apply to the following:

  1. Packages with commodities or goods weighing more than 25 kg or 25 L, excluding cement fertilisers, sold in bags of up to 50 kg;

Packaged commodities that are meant for industrial or institutional consumers.

How will Swarit Advisors help you in Obtaining LMPC Certificate in India?

We at Swarit advisors are there to help; we can get your LMPC Certificate in minimal time and let your imports go smoothly. For the past one year, we have all seen that almost every import product now requires LMPC Certificate. So, do not worry; our experts will help you with this.

  • We help you file the application online for the LMPC Certificate; applying online is something you may find difficult & complex.
  • We conduct regular follow-ups on your behalf.
  • We deal with every error skilfully.

Frequently Asked Questions

This Certificate is a legal approval to import, pack, distribute and sell pre-packed commodities in India.

As per the Department of Consumer Affairs, Legal Metrology is defined as “it is a part of metrology which treats units of measurements & weightment, methods of measurement & weightment, and instruments for measurement & weightment, in relation to the mandatory technical & legal requirements which have the objectives of ensuring public guarantee from the perspective of security & accuracy of the weightings & measurements.

Yes, an LMPC Certificate is compulsory for those who import pre-packaged commodities for sale & distribution.

The Controller of Legal Metrology in the State & the Director of Legal Metrology at the Centre is both authorised to grant LMPC Certificates.

Yes, if the importer doesn't make the above-mentioned declaration, then he/she is not eligible for the LMPC Certificate.

After obtaining the Certificate, the importer can show the Certificate to the Clearance Authorities at the port to get the products imported.

The validity period of the LMPC Certificate is a minimum of 1 year and a maximum of 5 years.

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