Packer Manufacturer Registration In India
If you are willing to sell and distribute products in the market you need to apply for the Packer Manufacturer Registration. With the help of this license, you can simply regulate multiple products in the market. An application made under Rule 27 of the Legal Metrology Packaged Commodities Rules, 2011, to the Director or the Controller for all prepacked commodities that are meant for end customers. Under the rule mentioned above, every packer/manufacturer/importer of the prepacked commodity rules does require a Packer Manufacturer License.
Who Requires Packer Manufacturer Registration?
Under Rule 6 of PCR, 2011, it is the responsibility of every packer to make mandatory declarations prescribed under the PCR. Normally, when you import the prepacked commodity, you must ensure that the packaging of the imported commodity is in compliance with the PCR, 2011, under the Legal Metrology Act, 2009.
How Can I Get a Packer Manufacturer Registration in India?
The power of granting packer registration is vested with the state government as well as the central government. The Department of Legal Metrology grants Packaging License / Registration. You have the option to either obtain the same from the State Government or the Central Government. If you opt for the State Government’s Packaging Registration, then many of the States have the online procedure. Some States have offline procedures for applying the Packaging Registration wherein it is pertinent to note that the grant procedure does involve offline activities like inspection of your packaging premises and collection of your packaging labels and designs by the Legal Metrology Inspector.
Difference Between State and Central Packaging Registration
Since the Legal Metrology Law is a consumer law that comes under the concurrent list of the Constitution of India, both the Governments – State & Central have the powers to deal with Legal Metrology matters. In India, the Legal Metrology Act of 2009 is centrally legislated wherein the powers of granting Legal Metrology Certificate / Registrations / Licenses are vested in both the State and the Central Government, but the power of granting model approvals and the importer registration of the weight and measurement items is exclusively held with the Central Government. In the case of multi-state packaging activity, central registration shall be mandatory.
What Is The Validity of Legal Metrology Packer Manufacturer Registration?
The validity period of the various Licenses/Registrations under Legal Metrology varies. Every State in India has its own set of Legal Metrology Enforcement Rules under which every State has elected its own rules regarding the validity period of the License, the renewal process of the License, etc. The packaging grant by the Central Government has lifetime validity, it will be a one-time process for you until and unless you get the requirement of any amendment in the Certificate.
What are the Compliances That Need To Be Done After Packer Manufacturer Registration?
Under the Legal Metrology prepacked Commodity Rules (LMPCR), 2011, every packer of the prepacked commodity must comply with the provision of Rule 6 read with other rules of the LMPCR. You must always ensure that the packaging of your products carries the required information as per the LMPCR. Apart from the required information, there are certain rules regarding the font size and the numeral size of the information, along with the provisions of mentioning the size of the product in the standard unit as prescribed under the Legal Metrology Law. Further, the e-commerce websites must also be updated as per the requirements of LMPCR.
What Documents are Required for Packer Manufacturer License?
To obtain a valid Packer Manufacturer Registration, you will be required to support your application along with the required documents, which are listed below: –
- Copy of the tax registration of the business.
- Copy of the local municipal license.
- PAN of the Firm.
- PAN and AADHAR of the promoters.
- Business Address proof.
- List of names of Products to be covered under the License.
- Samples of the Package of your products.
- Inspection may be there by concerned Authorities.
Please note the above list is indicative; each State may have its specific requirements. In case of difficulty in arranging any documents or any confusion in drafting of application, you may contact our legal experts. You may avail yourself of professional help as we have one of the best Legal Metrology Consultants on our board.
What Information Declared On The Label Of The Packet Of The Products?
Information to be declared on every prepacked commodity varies from product to product, as there are many factors that affect the nature of the information to be disclosed. However, for the brief understanding of our readers, we are presenting the indicative list of the items to be declared on the packet of each product:
- Name & Address of the Manufacturer
- Month & Year of the Manufacturer
- Generic name of product
- Customer Care E-mail ID
- Customer Care Address
- Customer Care Phone No.
- Quantity of the Goods
- Maximum Retail Price of the Goods
- Size of the Product
Our Legals are advised to take necessary precautions while drafting the information label of the product under the Legal Metrology, as it needs to be done keeping in mind all the provisions of the Law. If you are ensure about the labelling information for our product, you may avail yourself of the professional label consultation from our ELT experts.
Applicability of Legal Metrology On E-Commerce Entities
It is the much-debated issue about the Applicability of Legal Metrology on e-commerce entities. Before we go ahead to understand this issue, it is important to know that e-commerce business can be of two kinds- one could be the marketplace-based model of e-commerce wherein the sellers are invited to sell their products on the e-commerce platform, the best example of this can be Amazon, Flipkart, Snapdeal, etc. Another e-commerce website is where you sell your products only.
Under this kind of e-commerce website, the requirement of packaging license shall be required if you are selling the products under your brand. Further, the requirements of the Legal Metrology can be chalked out as per your case-specific requirement by our Legal Experts. Connect Now with our Experts.
Which Items are Exempted From the Provisions of the Pre-Packaged Commodity Rules?
Generally, any product you buy from the market is always a prepacked commodity; as soon as your product falls under the category of being pre-packed, then automatically, the packaging rules can apply to your business. However, on the following items, the provision of packaging legal metrology rules doesn’t apply:
- Packages of Commodities containing quantities of more than 25 kilograms or 25 liters.
- Cement, Fertilizers and Agricultural Farm produce sold in bags above 50 kilograms.
- Packaged Commodities are meant for industrial consumers or institutional consumers.
“Institutional Consumer” means the institution that buys packaged commodities bearing a declaration ‘not for retail sale,’ directly from the manufacturer from the importer or from the wholesale dealer for use by that institution and not for commercial and trade purposes.
Who Must Register For The Packer Manufacturer Registration Under Legal Metrology Law?
The Legal Metrology Law applies to two types of businesses: –
- Industry of Weighing and Measuring Goods: Any producer, dealer, importer, or repairer of any form of weighing and measuring goods is required to register under the terms of the Legal Metrology Act, 2009. Furthermore, it is illegal to manufacture, import, or use any weighing or measuring devices without first obtaining valid model approval under the Legal Metrology Law.
- Any industry selling goods in pre-packaged form: Any industry selling goods in pre-packaged form, such as FMCG, cosmetics, food, industrial goods, clothing, etc, must register under the Legal Metrology Prepacked Commodities Rules, 2011. (In short, known as LMPCR, 2011).
What Additional Services Can Be Obtained From After Obtaining a Packaging Certificate?
We offer a specialized service to our clients upon whom the Legal Metrological Laws do apply. You can avail following services:
- Packaging & Labelling Consultations
- Legal Metrology Compliance Audit
- Director nomination for your company
E-commerce compliances for legal metrology perspectives Other Certifications & Compliances – BIS Certifications, EPR plastic waste certifications, EPR e-waste certifications, Pollution Board Certifications, Wireless WPC ETA certifications, Telephone Equipment Certifications (TEC), Medical Device Registrations, Drugs & Cosmetic Licenses, Electronic Vehicle (EV) iCAT Certifications, Central Insecticide Board (CIB) registrations, Plant & Quarantine Registrations
Import & Export Regulatory Requirement Consultancy, Custom Appeals & Litigations, DGFT Consultancy
Intellectual Property – Trademarks, Designs, Patents, Copyrights.