Legal Metrology Certificate

Factors About a Legal Metrology Certificate

Online Legal India LogoBy Online Legal India Published On 01 Nov 2022 Updated On 06 Jan 2023 Category Legal

The Metrology Act of 2009 is in charge of defining and enforcing weights and measures standards and regulating commerce and trade in weights, measurements, and other items sold or supplied through the medium of weight, measure, or numbers. This Act applies to the whole country. The Act's registration may be referred to as Legal Metrology Registration or Legal Metrology Packaged Commodity Licence. 

Every pre-packaged item is subject to the Legal Metrology Act. The international units of measurement, which identify the following basic units, must be used.

(i) Metre in length;

(ii) Weight - kilogramme;

(iii) Second in time;

(iv) Amperes of electric current

(v) Kelvin thermodynamic temperature;

(vi) Candela luminous intensity; and

(vii) Quantity of material - mole

Benefits of Legal Metrology Certificate
 

Measurement is essential in everyday business processes. A need for efficient commerce is that it be transparent and achieve a balance between traders and consumers. Some of the highlighted benefits of a Legal Metrology certificate are as follows:

Reduction in Transaction charges
 

Poor measuring procedures are frequently expensive and time-consuming. The negative impact affects both enterprises and consumers. Poor measuring techniques can have a high cost in terms of lengthy judicial challenges and legal fights. It will also harm the company's reputation and stability. However, when measures are taken precisely & correctly, in accordance with all of the requirements of the Legal Metrology Act, it saves money & time.

Supporting Trade
 

The Legal Metrology Act is in charge of monitoring any illegal or unfair trading practices. This Act seeks to ensure that measuring instruments are in excellent working order and that they can perform their intended function while meeting international standards.

Government Revenue Collection
 

The government generates money through excise fees paid on goods manufactured, sold, imported, and exported, as well as measurement taxes. The Legal Metrology Act assures that no injustice is done to the government or businesses regarding tax collection. The margin produced by a proportion of mass commodities can account for a significant share of both export and national pay, particularly in items such as lumber, rice, coffee, palm oil, coal, iron mineral, gold, jewels, and natural gas.

Lowers Trade Technical Barriers
 

The Legal Metrology Act lowers the limitation of technical impediments while promoting measuring confidence & clarity. A reduction in the number of obstacles boosts national morale and encourages citizens to engage in the global trade system, resulting in increased national economic growth. Using the Legal Metrology Act, a merchant can eliminate unnecessary hurdles in adopting & applying technical laws, standards, & conformity evaluation procedures.

Gain Customer’s Trust
 

When a consumer learns they are obtaining a product that has been validated in accordance with particular norms and regulations, it increases their trust in the entrepreneur, ultimately leading to a successful trading connection.

What is Legal Metrology Certificate in India?
 

An importer that pre-packages imports items and afterwards distribute or sells them needs supervision from a department that can monitor the import's quality.

The Legal Metrology Department is that department, and it performs the aforementioned control by granting LMPC Certificates. The entire version of LMPC is the Legal Metrology Packaged Commodities Act, which oversees the certification procedure.

A legal Metrology certificate, often known as an import licence, must be requested within 90 days after beginning the import.

Eligibility Criteria for Legal Metrology Certificates
 

Declarations that an importer must make before bringing goods into India. Any importer must conform with the Legal Metrology Packaged commodity or Legal Metrology certificate requirements, established in 2011, so give necessary declarations before beginning the import.

The declarations are as follows:

  • Product's country of origin
  • Manufacturer information, including address and name
  • Manufacturer's address
  • The month and year that the product was made.
  • The year in which the product will be imported.

The range of statements, however, would vary based on the nature of the commodity. Food product declarations, for example, might differ from declarations made for electronic or electrical items.

The importer is not eligible for the Legal Metrology certificate unless they make the following declaration.

Process of Obtaining Legal Metrology Certificate
 

The process of obtaining an LMPC certificate online involves the following steps:

Online LMPC registration is not feasible because no such procedures are available on the LMPC's official website. The offline procedures are as follows:

  • Obtain an Importer License application from the LMPC.
  • Complete the application form
  • Please provide any needed documentation.
  • Submit the application and the LMPC certificate cost to the LMPC.
  • Get the permit.

After filing the declaration, the importer gets an LMPC certificate or an Importer Registration certificate online. They can provide that certificate to the port authorities in order to have the product (s) imported.

Legal Metrology Certificate Exemptions
 

To import any pre-packaged items into the nation, an LMPC certificate registration is required. However, there are certain exceptions to these norms. The following are the exceptions:

  • Commodities having a net weight or measure of 10 grammes or 10 millilitres or less 
  • Agricultural products packaged in quantities of more than 50 kg
  • Packages comprising fast food products that have been packaged by a restaurant or hotel
  • Drugs Price Control Order, 1995 packages containing formulas

Furthermore, the Legal Metrology requirements will not apply to the following packages intended for retail sale, according to the LPMC Act:

  • Packages containing items weighing 25 kg or 25 litres, except cement and fertilisers, are offered in 50-kilogramme bags.
  • Packaged commodities intended for industrial or institutional users.

Legal Metrology Certificate Renewal
 

The renewal application must be submitted a minimum of thirty days prior to the last date of the original licence, according to Rule 11 of the Legal Metrology Enforcement Rules 2011. The processes for renewing a Legal Metrology Certificate are as follows:

  • The applicant submits a renewal application to the appropriate Legal Metrology Department.
  • The application is filed and sent with all the relevant information and the appropriate fee.
  • The Assistant Controller of Legal Metrology receives the application.
  • The Assistant Controller reviews the renewal application, and then an officer is assigned to check the applicant's premises.
  • The inspector performs inspections and submits inspection reports and suggestions to the Department, which are then forwarded to the Assistant Controller.
  • The Assistant Controller considers such recommendations as well as the renewal application.
  • The Assistant Controller then forwards their proposal to the Legal Metrology Department's Deputy Controller/Controller for acceptance or rejection of the applicant's renewal application.
  • The Deputy Controller/Controller evaluates the recommendation and, if satisfied, grants the applicant a signed renewal legal metrology certificate/licence.

Validity of Legal Metrology Certificate
 

The validity of an LMPC certificate is one to five years.

Conclusion
 

The Metrology Department has established a specific licence for measures and weights. The maker, dealer, or repairer of weights and measures, as well as other connected devices, applies for such a licence. The person who uses the weights and measures or other similar instruments is not obliged to have a licence.

The applicant must state all necessary information when filing for licence renewal under Legal Metrology. He must complete the renewal application form with all of the relevant information. The manufacturer or importer who trades in weights and measures under the Legal Metrology Act may apply for renewal.


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