PART 2

The Legal Metrology (PACKAGED COMMODITIES) RULES 2011

Mandatory Registration and the What, Who, Where, How & Why  you need to know before you apply (Rule 27)

Under the Legal Metrology Act 2009, Legal Metrology is defined as that part of metrology which treats units of weighment and measurement, methods of weightment and measurement and weighing and measuring instruments , in relation to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of the weightments and measurements.

In order to achieve the above objectives and protect the consumer’s interests in the market, The Directorate of Legal Metrology has constituted a Mandatory registration scheme under the Legal Metrology  (PACKAGED COMMODITIES) RULES 2011.

In our last article, Packaged Commodities rules & Labelling checklist, we elaborated on the scope of Packaged Commodities Rules and Mandatory Declarations on product labels. However, before placing any packaged products on the market whether locally manufactured or packed or before import of the packaged products in India, it is important to understand who really needs to register, whether registration is mandatory, how the registration can be done and what is the benefit of registration.

The BIG Question –

Is Registration under Legal Metrology  (PACKAGED COMMODITIES) RULES 2011 rally MANDATORY?

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.

Where to apply:

An application has to be made to the Director of Legal Metrology, Government of India Headquartered in New Delhi or ControllerLegal Metrology of States and UTs. It is preferable to apply at the headquarter in New Delhi as is not state/ut specific by any interpretation.

WHO HAS TO APPLY:

According to the rules, Manufacturers, Packers and Importers of pre-packed or packaged commodities have to apply under the Legal Metrology  (PACKAGED COMMODITIES) RULES 2011. 

In order to understand clearly, it is important to understand the meaning of manufacturer , packer and importer as per these rules.

“Who is a manufacturer” 

Anyone who manufactures a packaged commodity or causes to be put, any mark on any packaged commodity, not manufactured by him , and where the mark claims the commodity in the package to be a commodity manufactured by such person or firm 

“Who is a importer “

Any person or firm which carries on the business of bringing into India from a place outside India.

Who is a Packer?

Any person or a firm, which pre-packs any commodity whether in any bottle, tin, wrapper or otherwise in units suitable for sale,whether retail or wholesale is a Packer. 

How to make an application for Mandatory registration as Manufacturer, Packer and Importer?

Understanding clearly the documentary and information requirements to complete any regulatory dossier plays a big role in determining the speed and accuracy of completing the task at hand.

Our team of experts need the below preliminary information or documents checklist :

Name of the Applicant as per registration certificate along with GST certificate.

Details of Warehouses (In case of multiple warehouses of the applicant across India,  GST certificate or any other proof of Existence business activity at that premise)

Adhaar card or Passport of each director in Applicant or Proprietor or Partnersas the case may be.

Memorandum & articles of association in case of Company or Partnership Deed or Proprietorship proof as the case may be.

Rent Agreement or Ownership proof of Office and/or warehouses.

The name of the COMMODITY OR COMMODITIES being pre-packed or imported by the applicant.

How can NKG help? The NKG effect

Before undergoing any registration or compliance under any notified rules, it is important to understand such rules exhaustively and what impact such rules may have on the ongoing running of a business.

While the checklist of documents remains the same for everyone, it is important to break down the entire puzzle into sequential bits and pieces of information that will all come together to make a complete picture ultimately.

 As a business owner, it is important to seek professional help in order to complete regulatory obligations , in an exhaustive, efficient and complete manner so that regulatory complaince becomes an asset of your business and not a liability.

Over years, NKG experts have built in their own step by step process to handle these assignments.  Clients are expected to go through the below 5 stages in order to get “Certificate of Registration “ as Manufacturer  or Packer or Importer.

 We can have infographic for below with headings from main lm page:

1. The Importer / Manufacturer/Packer of any pre packed commodity will share details of such products with NKG.
2. If the product comes under the scope of Legal Metrology (Packaged Commodity Rules) 2011, NKG team will share necessary checklist of documents with the client.
3. After receiving executed documents, NKG will apply online / offline to the Central Legal Metrology Department.
4. After receiving the application, the Central Legal Metrology Department will assign an officer to the case.
5. The officer will securitize all submitted documents, if all documents are ok then the Certificate of Registration under Packaged Commodities Rules 2011 will be granted .
6. If the processing officer is not satisfied and needs further clarification, then he/she may ask further questions. Based on answers to these questions, the processing officer may either grant Certificate of Registration under Packaged Commodities Rules 2011 or ask further questions. Officers may also reject the application if unsatisfied with answers.

Okay, so i got my Certificate of Registration in the past but now i have more products. What should i do?

As per Chapter VI Rule 27 sub rule 2(c) of The Legal Metrology (Packaged Commodities) Rules 2011 , “the name of the commodity or commodities pre-packed or imported by the applicant” is a mandatory information that needs to be submitted in the application for Mandatory Registration of Manufacturers, Packers & Importers (Rule 27). Accordingly, if there are new commodities being imported / pre-packed / manufactured by an applicant which have not yet been notified to the competent authority, A further application for Certificate of Registration should be submitted to the Director or Controller of the Legal Metrology Department for process, record and grant of approval of such commodities.

Understood, but what if I need to make any alteration in the registration certificate ?

In case of any changes or alterations are required to made to the registration certificate once it is issued by the directorate, an application detailing specific details and changes needs to be submitted to the Director or Controller of Legal Metrology Department.Government fee for such  case is INR 100.

Got it, and one more question, My address is very long, Can i use a shorter address?

In certain packaged products the labels of the packs may not have enough space to include all the mandatory declarations or alternatively the address of an applicant can be unusually lengthy causing a space constraint on the label pack.

As per Rule 28 of the Packaged Commodities Rules 2011, Yes, it is legally possible to get approval to use a shorter address by a manufacturer , packer or importer. An application with complete details of the longer legal address and the shorter preferred address needs to be submitted to the Director or Controller of Legal Metrology Department. If the competent authority is satisfied that the shorter address is sufficient to enable a consumer or any other stakeholder to identify and or contact the manufacturer or packer or importer in case of any issue or complaint then the permission to use shorter address will be granted to the applicant. Shorter addresses can only be used on pre-packaged commodities after such an approval is issued by the competent authority.

How does this registration benefit a business?

There are many benefits. The first and foremost is following the law of the land. As mentioned above registration as manufacturer , packer and importer is mandatory. In case a manufacturer , packer or importer has commenced its business but has not yet taken a valid and correct certificate of registration from the Director of Legal Metrology then there can be monetary fines and legal hassle.

And Secondly, providing clear, non ambiguous  and mandatory information of products to a consumer goes a long way in building trust of customers and a responsible brand positioning.

Finally, 

Busy business owners expect someone to handhold them or their team to get through regulatory processes so that they can focus on their primary objective i.e. growth of profits in business.NKG experts work with companies and make the process clear, transparent and simple to follow.

AT NKG we assist Importers – Manufacturers- Brand Owners with an exhaustive knowledge required to procure various approvals, license, permissions and ensure ongoing compliances under the Legal Metrology Act 2009 so that the responsible persons of the products can place their products in the Indian market without any hassle.

Get registered under the mandatory registration scheme of The Legal Metrology (PACKAGED COMMODITIES)  RULES, 2011 with NKG experts.