REGISTRATION OF MANUFACTURER/PACKER/ IMPORTER OF PRE-PACKED COMMODITIES UNDER LEGAL METROLOGY ACT | REGISTRATION UNDER LEGAL METROLOGY ACT

REGISTRATION UNDER THE LEGAL METROLOGY ACT

Measurements are so common in our daily lives that we sometimes take them for granted and don’t even think about them. For example, we keep track of our driving speed to ensure that we ride safely and avoid road accidents. We are subjected to medical tests to ensure our safety. We use time and satellite positioning systems to keep track of our location and keep appointments on time. We use measurement-based energy, gas, and water, and we buy meat, fish, vegetables, and fruit by weight fill our vehicles with volume-based gasoline, and have our cars checked to track exhaust emissions, among other things.

Minor errors in a large number of measurements frequently balance out in either direction. However, discriminatory errors can result in substantial financial discrimination; for example, inaccurate oil measurements at any of the several exchange points between the oil well and the final consumer can have serious economic consequences. 

Regulation of measurements and measuring instruments is needed in both of these cases, as well as where there is a need to protect both the buyer and the seller in a commercial transaction or when measurements are used to impose a penalty. Almost all countries achieve this level of protection by having metrology in their rules, hence the term “legal metrology.”

For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274.

IMPLEMENTATION OF LEGAL METROLOGY ACT

The Legal Metrology Act establishes and enforces weights and measurement requirements, as well as any other relevant issues. Although the Act contains a variety of laws, one of the most important sections deals with packaged goods. The Act establishes guidelines for the packaging of products in order to maintain fair trading practices and protect consumer rights.

It also lays out the weight and measurement requirements for packaged products. The Act also specifies what declarations should be made on the packaging and how they should be made. The Department of Legal Metrology, which is under the Department of Consumer Affairs’ authority, is responsible for the Act.

Weighing and measurement methods have significantly improved, and the range of weights and metrics has been extended as a result of the rapid growth of science and technology and the globalization of economies. The Legal Metrology Act of 2009 went into effect on January 1, 2011, with the aim of specifying weights and measures standards, regulating trade in weights and measures, and other products that are sold or distributed by weight, measure, or amount, as well as other matters related to or incidental to it.

The Standards of Weights and Measures Act of 1976 and the Standards of Weights and Measures (Enforcement) Act of 1985 were repealed and replaced by the Legal Metrology Act of 2009. (Act 1 of 2010). The central government has set a date for the Act’s provisions to take effect as of April 1, 2011.

A Legal Metrology Certificate is required from the Metrology Department of Consumer Affairs for the sale or distribution of all packaged goods in India, including export goods, food items, and consumer goods, under the Legal Metrology Act, 2009.

LICENSE FOR MANUFACTURING

A License of Manufacturing from the Department of Legal Metrology is required for any company intending to produce weighing and measuring equipment in India. The licensing authority will recognize any other similar equipment being produced when issuing the license. However, model approval will still be needed.

The Legal Metrology Rules 2010 and the State Legal Metrology Enforcement Rules 2011 govern the application process for this manufacturing license.

Form LM-1, Schedule II-A, is used to submit a manufacturing license application. The certificate, on the other hand, must be obtained using Form LM-3 in accordance with Schedule III.

The application must be accompanied by a variety of documents as well as an application fee. The license’s validity will range from one year to five years. Furthermore, the license must be renewed within three months of its expiration date.

On a daily basis, the procedure takes about a month and a half to complete without the help of experts. Furthermore, the application could be denied due to inadequate or incorrect documentation.

For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274.

WHO REALLY NEEDS A REGISTRATION?

According to The Legal Metrology (Packaged Commodities) Rules, 2011, which were released on March 7, 2011. Every person, firm, Hindu undivided family, society, business, or corporation who or which pre-packs or imports any product for sale, distribution, or delivery shall apply to the Director or the Controller for the registration of his or its name and complete address, accompanied by a fee of rupees 500/-;

The importer/manufacturer of such pre-packaged goods must file an application within 90 days of the start of the packaging process, according to the Act.

As a result, whether you are a sole proprietorship or a business looking to sell pre-packaged goods in the market, you must obtain a proper registration document from the Ministry of Consumer Affairs’ Legal Metrology Department.

Timeframe: An application in this regard must be filed with the Director/Controller of Legal Metrology, as applicable, within ninety days of the date on which he or she begins pre-packing/importing.

Form and manner: Each Applicant must send an Application for Registration to the Director/Controller, as applicable, which must include the following information:

a) The applicant’s name; 

b) The complete address of the said premises (one or more) where the applicant performs pre-packaging or import of one or more commodities;

The postal address of the factory is referred to as the ‘complete address.’ In all other cases, the name of the street, the number (if any) assigned to the manufacturer’s or packer’s premises, and either the name of the city and state where the manufacturer’s or packer’s business is conducted or the Postal Index Number [PIN] Code.

c) The name of the product or goods that the claimant has pre-packaged or imported.

In addition to the above, in the case of an application to register as an importer, the names of the countries from which the products are imported must be given.

A shorter address can be registered if the Controller/Director is confident that it is appropriate to identify the manufacturer or packer to the customer or any other individual.

The application, along with supporting documentation and a fee of Rs. 500 must be submitted. The Controller/Director, depending on the situation, will issue a certificate of registration as a “packer” or “importer” after verifying the application and records.

Amendments to the Certificate of Registration: Any amendments to the certificate of registration must be communicated to the Registrar in writing and accompanied by a charge of one hundred rupees.

THE PROCEDURE TO BE FOLLOWED BY WEIGHTS AND MEASURES MANUFACTURERS IS AS FOLLOWS: –

  • Anyone wishing to obtain a license to produce weights and measures must submit an application in the format provided (LM-1).
  • Initially, the application will be accessible to the district nodal officer, who will simply forward it to the appropriate Local Senior Inspector/Inspector (Legal Metrology Officer) based on the firm’s address.
  • Local Senior Inspector/Inspector inspects the applicant’s proposed premises and scrutinizes the appropriate documentation in order to determine the applicant’s manufacturing capabilities and capacity, and then prepares a report and recommendation to be sent to the Controller (Licensing Authority) by Divisional Assistant Controllers along with the application.
  • After scrutinizing the submission, the Assistant Controllers will forward it to the Controller, along with the feedback, along with the Local LMOs report and documents.
  • If a question or objection is posed by a Local Inspector, Assistant Controller, or Controller that is visible to the applicant, the applicant must delete it.
  • After review of the application and determining that it is suitable for granting a license, the Controller would require the applicant to deposit the License fee of 500/- in the required HEAD OF ACCOUNTS.
  • The license shall be issued in the specified format after the fee, and a copy of it was deposited in the Controller’s office.

ALONG WITH THE APPLICATION, THE MANUFACTURER NEEDS SOME DOCUMENTS. DOCUMENTS SUCH AS:

  • Photographs, proof of identity, and proof of address of the applicant/partners.
  • Proof of the applicant’s/partners’ dates of birth.
  • The proposed premises’ ownership or tenancy document.
  • In the case of partnership companies, the partnership deed is used.
  • If required by the Legal Metrology General Rules, 2011 with respect to the proposed weighing and measuring instrument, a model approval certificate issued by the Director, Legal Metrology, Government of India.
  • The pollution control board has given its approval, particularly in the Taj Trapezium region.
  • The following is a list of machines and equipment.
  • Affidavit stating that the applicant would follow the legal guidelines and the Controller’s instructions.
  • Affidavit stating that the claimant has never been convicted of a crime and that no criminal proceedings are currently pending in any jurisdiction.
  • Factory/shop/establishment/municipal trade license registration paper, as applicable.
  • Copy of GST registration certificate.
  • Copy of PAN.

For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274.

IN REGARD TO THE PROCEDURE, THE APPLICANT MUST MENTION THE FOLLOWING INFORMATION ON THE FORM: 

  • His/ Her Name.
  • The complete address of the location/premises where one or more of the goods in question are imported or pre-packaged.
  • The name of the product or products being packed.

The application is subject to a couple of consequences until it is received by the concerned Director or Controller, whichever is the registering authority.

  • If the registering authority determines that the application is incomplete, the form must be returned to the applicant within seven working days of receipt.
  • The Director or Controller must register the applicant and issue the registration certificate if the submitted form is accurate and valid in all respects.

WHAT IF THE APPLICANT MAKES ANY APPLICATION MISTAKES?

  • The applicant (manufacturer/importer) must pay a charge of one hundred Indian Rupees to the Director of Controller of the Legal Metrology Department for making any changes to the certificate issued by the authorities, along with the relevant details of the changes.
  • Error correction takes time in most cases, but our team of experts makes it easy and fast.

WHEN DOES THE REGISTRATION COME INTO EFFECT?

  • The Legal Metrology Department’s Director or Controller must keep a registry that includes a list of all licensed importers, suppliers, and packagers.
  • The Director or Controller shall record the name, address, and other relevant information of the registered applicant in this register once the concerned authority has granted a registration.
  • Any citizen can audit this register without paying a charge.
  • Furthermore, the Director of the Controller of Legal Metrology is expected to compile a state-by-state list of the manufacturers and packers that he or she has reported under Rule 29 and distribute it to the state’s Controller. This enables state regulators to take samples or audit the facilities of any suppliers or packers in the case of quality or customer concerns.

HOW DOES LEGAL METROLOGY REGISTRATION THE BUSINESS?

  • The first and most significant advantage is that it protects your company from legal ramifications or fines. All packaged products sold in India must be appropriately packaged and labelled with relevant information such as contents, raw materials, nutritional information, expiry, statutory warnings, and so on, according to the Legal Metrology Act of 2009.
  • Second, it assures potential and current customers that your company follows the law and that they can trust you. This aids in the creation of a strong brand image and a solid reputation for your future plans.
  • Having this information available informs the consumers of what they’re purchasing and how it was made or obtained. This also enables you to offer value and consistency to your packaged product customers.

OFFENSES AND PENALTIES

Anyone who violates the provisions of rules 27 to 31 will be fined four thousand rupees. If the infringement is committed by a corporation, each Director or individual in charge will be held accountable separately.

It is important to remember that all “pre-packed goods” must be registered under Rule 27. Despite the meaning given in the Legal Metrology Act 2009, there is some uncertainty in how the word is to be interpreted. Despite the fact that several High Courts and the Supreme Court have attempted to define the term in various Judicial Precedents, firms/entities continue to struggle to comply with the terms of these Rules due to a lack of clarification.

CONCLUSION

Registration as an importer, manufacturer, or packager with the legal metrology division is a time-consuming and difficult process. There are alot of if and buts when it comes to registering a company, and even a minor error can lead to your application being rejected. Hence it is important to seek the help of a legal professional.

For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274.