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Importers often import pre-packaged commodities and products for further sale and distribution. In such cases, LMPC certificate for import becomes mandatory for such importers. Upon registration, a Legal Metrology Packaged Commodity Certificate (LMPC) is issued to the importers as per the Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodity) Rules, 2011. What is the eligibility for LMPC registration and why is it needed? Let’s find out!

Eligibility Criteria of LMPC certificate for import

The importers shall be in the business of importing the pre-packaged commodities. Legal Metrology Act defines a prepackaged commodity as the 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 has a predetermined quantity. Further, your application and product should be in conformance with the requirements of Legal Metrology Packaged Commodities rules and regulations. The importers shall fill in all the necessary details in the application for LMPC certificate for import and furnish all the relevant documents.

Once the legal metrology certificate for import is granted, then it can be presented to the customs authorities and get the imported commodities cleared. 

Why LMPC Registration is Needed?

The importer shall obtain LMPC certificate for import for the following good reasons:

  1. It is a statutory requirement that importers need to obtain legal metrology registration if they fulfil the criteria. 
  2. Not having LMPC certificate for import can lead to the detention of goods by the customs authority.
  3. LMPC registration for importers is a legal registration and helps in gaining the trust of the customers in the goods being imported, sold or distributed.
  4. It reduces any unnecessary and technical obstacles in the importation of your goods.

Exemptions From Importer License Registration

Despite the fact that LMPC certificate for import is mandatory for all the importers importing prepackaged commodities, there are certain exemptions for the same. These include the following:

  • Agricultural produce where it weighs more than 50 kgs.
  • If the net weight of the packaged commodity is of less than 10 millilitres or 10 grams.
  • Packages that contain chemical formulations covered under the Drug (Price Control) Order, 1995.
  • Packages containing cooked fast food items by hotels or restaurants. 
  • Also, chapter 2 of the Legal Metrology Act, 2009 is exempted for the following:
    • Packages with commodities that weigh more than 25 litres or 25 kgs. However, it excludes fertilisers and cement that are sold in bags of up to 50 kgs. 
    • Packages for institutional consumers or industrial consumers.

How ASC Can Help?

ASC Group is a professional and consultancy firm that having experts from different domains including CAs, CSs, advocates etc to provide expert financial and legal services. If you are an importer, then we can help you with the following:

  • Obtaining legal metrology certificate for import to enable you to import prepackaged commodities.
  • Gathering all the necessary documents and filing the application on your behalf.
  • Liaising with the regulatory authorities for obtaining approval and respond to any queries and clarifications. 
  • Liaising with the customs authorities for getting your goods cleared. 
  • Assistance in inspection conducted by the department. 

Reach out to ASC Group for more information.

The manufacturers, which have their factory location outside India can apply under FMCS. They shall:

  • ensure conformity of their product(s) to applicableIndian Standard Specifications (ISS).
  • have all manufacturing machineries/facilities at their factory premises.
  • have all arrangements/equipments in their factory premises for testing of the product(s) as per applicable ISS.
  • have competent testing personnel in their lab to test the product(s) as per applicable ISS.
  • accept the Scheme of Testing & Inspection (STI) and Marking Fee.
  • accept the Terms & Conditions of licence.

Note : Separate application is required to be submitted for each product/Indian Standard and for each factory location.

  • Fill up the prescribed Application Form along with necessary documentation.
  • Nominate an Authorized Indian Representative (AIR)using the prescribed Nomination Form.
  • Ensure that the application is complete, refer checklist of documents.
  • Submit duly filled-in and complete application along with requisite fees; documentation (in duplicate) and Nomination Form of AIR at FMCD, BIS Headquarters, New Delhi.

Note :

  1. Applicants are advised to check the commonly observed deficiencies in applications before submission of applications.
  2. The applicant will be responsible for delay in grant of license in case of submission of the incomplete application; delay in response to queries raised, if any; payment of dues, etc.

  • BIS will scrutinize the application and queries, if any, will be communicated by email.
  • Once queries are satisfactorily met and the application is complete, it will be recorded.
  • The applicant will be informed to provide a schedule and organize a visit in consultation with the officer nominated by BIS.
  • Visit will be paid to the factory location to carry out verification of manufacturing & testing infrastructure and drawal of samples for independent testing.
  • Responsibility for safe deposition of the sample(s) and remittance of testing charges shall lie with the applicant firm.
  • Case would be processed for grant of license after receipt of satisfactory inspection report & independent test report(s) conforming to applicable Indian Standard(s).
  • The applicant would be required to pay the license fee; advance minimum marking fee and any other outstanding dues, before granting of license (for details on Fee Structure, Click here).
  • The agreement, Indemnity Bond would be signed and Performance Bank Guarantee of USD 10000 from any bank, having RBI approved branch in India would be required to be furnished immediately after granting of the license.
  • A license would be initially granted for 1 year which would be further renewable for 1 or 2 years (for details on renewal, click here).
  • Licensee shall disclose production & dispatch details of standard marked goods to BIS, on a quarterly basis.
  • The licensee can request for inclusion of new varieties in the existing license (for details on inclusion, Click here).

After grant of licence, surveillance is carried out by BIS through visits during which, the BIS officer :

  • Verifies operation of licence as per duly accepted STI.
  • Carries out testing in the factory.
  • Collects production & dispatch details of the standard marked goods.
  • Draws sample(s) for independent testing in BIS/BIS recognized labs etc.
  • Samples are also collected by BIS from market for testing as part of market surveillance.

Licensee can get new varieties/grades/types included in the existing license by way of compliance to the following:

  • Submission of original test report(s) from BIS recognized laboratories showing conformity of the product to relevant Indian Standard(s) and details of additional manufacturing and/or testing facilities in the prescribed format, as applicable.
  • payment of applicable charges (Click here for detail of charges).

Note: The test reports of the product shall not be more than 30 days old. The period for counting 30 days shall be from the date of issue of the test reports to the date of receipt of the test reports in FMCD. In case of multiple test reports for one product, the latest product test report shall not be more than 30 days old and the oldest product test report shall not be more than 90 days old. In case of de-recognition/suspension of BIS recognized laboratory, the acceptance of test reports from such laboratories shall be as per the policy of BIS.

  • The licence is granted initially for a period of one year.
  • The renewal of licence may be considered for a period of one or two years depending upon whether the annual licence fee and advance minimum marking fee has been paid for one year or two years

Renewal request shall contain:

  1. Renewal application ( CM/PF 604)
  2. Report of performance ( CM/PF 604 ) duly certified by the Chartered Accountant
  3. Production detail (Month wise) including complete consignees address
  4. Extended Performance Bank Guarantee (six months more than validity of the license)
  5. Remittance of applicable Marking Fees