Brief Overview of Licenses required for Import, Local Manufacture and Sale of Cold drinks in India – Legal Metrology

Definition of Cold drinks:

A soft drink is a drink that usually contains carbonated water, a sweetener, and a natural or artificial flavouring. The sweetener may be a sugar, high-fructose corn syrup, fruit juice, a sugar substitute, or some combination of these. 

Cold drink including Energy drinks, Packaged Juice, Soft Drinks Products have been mandated to be registered by Ministry of Consumer affairs  under Packaged Commodity Rules  2011 of legal metrology act 2009.

As per Chapter VI of the Legal Metrology  (PACKAGED COMMODITIES) RULES 2011, “Every individual, firm, Hindu undivided family, society, company or corporation who or which pre-packs or imports any commodity for sale, distribution or delivery shall make an application, accompanied by a fee of rupees five hundred, to the Director or the Controller for the registration of his or its name and complete address;”

Basically this means, irrespective to the legal entity or company or firm one has , if one is in the business of selling, distributing or delivery of a packaged commodity (see definition here) as Manufacturer or Importer or Packer , then as on date Registration of such a company with the Directory of Legal Metrology is mandatory before commencement any business activity.

Pre-packaged or pre-packed is a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not so that the product contained therein

An application has to be made for approval under Packaged commodity rules 2011 for Registration of Importer, Packer or Manufacturer as per Chapter VI of the Packaged commodity rule (PCR) 27 of legal metrology act 2009

PROCESS:
  1. Sharing Preliminary Information with NKG experts
    The Importer of any pre-packed commodity will share details of such products with NKG.
  2. NKG experts to share regulatory documents
    If the product comes under the scope of Legal Metrology (Packaged Commodity Rules) 2011 or comes under the scope of the BIS NKG team will share the necessary checklist of documents with the client.
  3. Application submission by NKG experts
    After receiving executed documents, NKG will apply online/offline to the Central Legal Metrology Department and BIS.
  4. Assigning of an officer in Headquarter
    After receiving the application, the Central Legal Metrology Department or BIS will assign an officer to the case
  5. Application processing in Headquarter
    The officer will securitize all submitted documents. If the processing officer is not satisfied and needs further clarification, then he/she may ask further questions.
  6. Grant of Approval
    If the processing officer is satisfied with the answers, ,then he/she may grant the Certificate of Registration under the Legal Metrology (Packaged Commodities) Rules 2011 or BIS

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