LMPC stands for Legal Metrology Packaged Commodity, on import of every pre-packed commodity, every importer needs to mandatorily obtain the LMPC registrations certificate in the capacity of importer which is called with multi names like Legal Metrology Certificate or Importer License under Legal Metrology or importer registration or LMPC Certificate.
What Obligations Do I Have Under The LMPC Rules?
Every importer must adhere to the two mandatory LMPC Rules compliances, which are as follows:
Registration as an importer under rule 27 – Prior to the import of any pre-packaged commodity, every importer must register with the department of Legal Metrology as an importer under the PCR rules.
Compliance of Rule 6 for declaration of mandatory information on package – Prior to importing any Packed Commodity into India, you will be required to ensure that it carries certain mandatory information, such as the name and address of the importer, the month and year of import, the Maximum Retail Price (MRP), the generic name of the commodity, the country of origin, the customer care email id and address, etc. The information may vary between products and situations. To ensure the correct labeling of products, you can seek legal counsel from our legal metrology attorneys.
For Custom Clearance, LMPC Registrations Certificate Is Mandatory
Without LMPC Registration, the imports of the Packed Commodity are now almost a tedious task as it is the mandatory part of your compliance list for successful imports. It is often that, at the time of customs clearance, the customs appraiser/officer marks the query to present your LMPC Registrations certificate; that moment becomes the most difficult one if you are not carrying the registration.
For Manufacturing & Packaging Of LMPC Registrations Certificate Is Mandatory
A product that is manufactured and packed can be said a pre-packed commodity and, thus, comes under the preview of legal metrology pre-packed commodity law. Under the law, any manufacturer operating its business concerning pre-packed commodities has to obtain registration in the capacity of the manufacturer as per rule 27 of the law. It has been often noted that when any surprise inspection is conducted by the legal metrology department at the premises of the manufacturer, the enforcement authorities have caught the manufacturer without sufficient registration and violated the labeling rules as well.
Legal Metrology And Medical Device Industry: Non- Non-Compliances Criminal Law
The Medical Device Industry, dealing with the sensitive nature of goods, the LMPC Authorities being part of Consumer Law, tend to fiercely penalize non-compliance and it should be remembered that the Legal Metrology Act,2009 is consumer law but has provisions for criminal punishment.
Procedure For Obtaining LMPC Registrations
The legal metrology is a consumer law issue. Since consumer issues fall under the parallel lists of the Indian Constitution, both the state government and the central government have their own rights of jurisdiction, with the state government enacting enforcement rules in addition to the central legislation. If you operate a business throughout India with warehouses in multiple states, it is recommended that you obtain central registration.
For Registration, the following documents are necessary:
- The company’s Know Your Customer documents, such as its PAN, GST certificate, IEC certificate, articles of incorporation, and memorandum of association, etc.
- The firms’ promoters’ know-your-customer information.
- The list of pre-packaged products that must be registered.
- The labelling samples of the aforementioned products must comply with the Legal Metrology Rules for pre-packaged commodities, 2011.
- Inspection of the warehouse where prepackaged goods are stored.
- The address proof of the Registered and warehouse address of the business.
- Demand of Other documents that the respective authority deems pertinent.
Mandatory Time Limit For Obtaining LMPC Certificate
In Case of Imports: The LMPC Certificate must be obtained within 90 days of your first import. However, customs officials now ask for a copy of the LMPC certificate even if it’s your first time bringing packaged goods into the country.
In Case of Manufacturer: The LMPC certificate must be obtained at the time of commencement of manufacturing registration of the pre- packed commodities. Failure to obtain the required registration within the prescribed timelines does attract penalty and fines.
We Can Help You In Obtaining An LMPC Certificate
ELT MediLaw has the best team of legal metrology consultants and lawyers who help with registrations and other legal aspects of metrology in the most effective and efficient way. You can get an LMPC Certificate without much trouble and within the time frame that was agreed upon. Our professionals will help you with all the paperwork and inspections from start to finish.