Legal Metrology Act | Declaration to be Made on Pre-Packaged Commodities- Bizfoc

Publishing Date: 03 Jan, 2025

Overview 

With the growing market, it raises the concern to establish uniformity for pre-packaged commodities. For regulating the legality in pre-packaged commodities the Legal Metrology Packaged Commodity (LMPC) Certificate is introduced and is typically issued by the Legal Metrology Department under the Ministry of Consumer Affairs, Food, and Public Distribution in India. Under this Department, the Legal Metrology Act, 2009 came into view to establish the uniformity and regulations of pre-packaged commodities. 

The Legal Metrology (Packaged Commodities) Act, 2011, requires mandatory declarations like net quantity, batch no., name of the product, date of manufacturing, Maximum Retail Price (MRP). These details help the consumers to choose the better product over unfit ones to protect their consumer interests.This article discusses how to obtain the LMPC certificate, its eligibility criteria, validity and time taken to get the LMPC certificate from the regulatory authorities. 

What is an LMPC Certificate?

LMPC stands for Legal Metrology Packaged Commodities. The LMPC is the mandatory certificate for any individual, firm, company and organization who is involved in manufacturing, importing or packaging pre-packaged commodities in India. The Legal Metrology Act regulates the weight and measures used in trade and commerce for packaging and labelling pre-packaged commodities. 

Declarations to be Made on Pre-Packaged Commodities in India

Here’s the declarations to be made on pre-packaged commodities in India, under the the Legal Metrology (Packaged Commodities) rules, 2011:

1) Manufacturer, Packer and Importer Details 

Each package should represent the manufacturer, packer or importer details before requesting for an LMPC certificate .

However, in case, 

•  Name and Address of an entity is mentioned on the package without mentioning ‘manufactured by’ or ‘packed by’, then the liability would be automatically determined to manufacture only.
• Whoever is mentioned as the name and address on the package for manufacturing, he will be held responsible for any violation and regulations of the manufacturing industry. 
• Especially in food article packaging, you need not to follow the following clause but provision and the requirement in Food Safety and Standard Act, 2006 shall apply. 

2) Generic Name

The generic name to be made on pre-packaged commodities in India. It depends upon the manufacturer whether you’re willing to choose branded or generic name to be shown what kind of product inside the packet. 

3) Net quantity

It is important to mention the net quantity in the package of the product. Make sure that the packet holds the standard rating or units to have clear interpretation for the product quantity. For example 20g, 1kg, 1.5 kg, etc. whatever the net quantity is being mentioned on the package of goods must meet the standard unit of weight or measure of commodity contained in the package. 

4) Maximum Retail Price (MRP)

This represents the highest price that the product is made for sale by the manufacturers, importers or packers.

5) Date of Manufacturing 

This should be mentioned on the top of the package to assure consumer’s about its freshness and ensure transparency. The formatting of Date/Month/Year should be mentioned in the package. 

Special Provision Made to Conform LMPC Standard 

There are special provision made to conform for LMPC standard that need to apply on sensitive items for usage: 

• It is provided that in the food packages for food articles must comply with the provision of the Prevention of Food Adulteration Act, 1954 (37 of 1954). 

• In case of packaging of seeds in the sub clause of shall apply incase of packages containing seeds which are not mentioned with any declaration on outer package shall comply with the Seeds Act, 1966 (54 of 1966) and the rules made under 

• In the case of cosmetics packages, the rule of Drug and Cosmetic rules 1945, shall apply. 

As it is stated under the Legal Metrology (Packaged Commodities) rules 2011, states that 

no declaration as to the month and year in which the commodity is manufactured or pre-packed shall be required to be made on-- 

(i) any package containing bidis or incense sticks; 

(ii) any domestic liquefied petroleum gas cylinder of 5kg or 14.2kg, bottled and marketed by a public sector undertaking;

Further, 

 no declaration as to the retail sale price shall be required to be made on 

(i) any package containing bidi; 

(ii) any domestic liquefied petroleum gas cylinder of which the price is covered under the Administrative Price Mechanism of the Government. 

• Explanation I: The month and the year in which a commodity is pre-packed may be expressed either in words, or by numerals indicating the month and the year, or by both.

• Explanation II: Liquid milk does not include condensed milk

Exemptions for LMPC certificate 

However, there are some product or condition which is not considered to obtain the LMPC certificate directly:

1. Packages of commodities containing quantity of more than 25 kilogram or 25 litre;
2.  Cement, fertilizer and agricultural farm produce sold in bags above 50 kilogram; and
3.  Packaged commodities meant for industrial consumers or institutional consumers. 

Conclusion 

LMPC certificate is important for the manufacturer who produces pre-packaged commodities. During the process of manufacturing the product whether it is non-food items or food items required to give details that protects the consumers interests. To obtain the LMPC certificate in India, an applicant needs to first consult with their expert advisor so that the certificate will be issued with the support of our expert team.

Frequently Asked Questions 

1) Who issues the LMPC certificate?

The Legal Metrology Packaged Commodity (LMPC) Certificate is typically issued by the Legal Metrology Department under the Ministry of Consumer Affairs, Food, and Public Distribution in India. 

2) Is LMPC certificate mandatory?

Yes, LMPC certificate is mandatory for all importers, manufacturers or packers whether they have established their company as small or large size. 

3) Is LMPC required for MSME manufacturers?

Yes, LMPC is required for MSME manufacturers. LMPC ensures that weight and measurements should meet the standard and comply with the regulations. 

4) Is LMPC required for MSME?

Yes, the LMPC is required for any size of the manufacturer that exists in India.