Registration Types under the Legal Metrology (Packaged Commodities) Rules 2011
In the Legal Metrology Act, various rules have been framed from time to time. One of the most important rules, relating to the manufacture, import, sale, distribution , retail of pre-packed or packaged commodities is The Legal Metrology (PACKAGED COMMODITIES) RULES 2011.
The objective of Packaged Commodity rules is to ensure uniformity in labels as per the standards and rules laid out in these rules for products either imported or manufactured in India so that the consumer’s interests are safeguarded. Many important declarations on Labels have been made mandatory under these rules across product categories.
For all types of Packaged commodities, While Regulating all Imports into India, manufacturing within India , the Legal Metrology Department , is responsible for uniformly enforcing the rules and regulations under the Legal Metrology Act 2009.
Pre-packaged or pre-packed commodity’ is defined as, ‘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 has a pre-determined quantity’.
Many products such as beauty and cosmetic products, baby food, weaning food, biscuits, breads excluding buns, cereals and pulses, coffee, tea, any material which can be termed as beverages, edible oils, vanaspati ghee, butter oil, milk powder, non-soapy detergents (powder), rice (powdered) flour, atta, rawa and suji, salt, soaps including laundry soap, non soapy bars and cakes, All types of toilet bath soaps (cales) aerated soft drinks, non alcoholic beverage, mineral water and drinking water, cement in bags, paint and varnish etc. curd, electronics, toys which are packed in a package or in any shape or size of the container, but the weight of the packet is not more than 50kg and not less than 10g/10ml that all types of packed goods are called a packaged commodity and are covered under the scope of The Legal Metrology (PACKAGED COMMODITIES) RULES 2011.
In order to uniformly ensure that all rules and regulations are followed as well as enforced strictly wherever there is a non compliance found, the Legal Metrology Rules makes mandatory certain kinds of registration or licenses depending on the type of entities involved as well as mandatory declaration on labels of packaged commodities.Therefore, registration of importers, manufacturers, packers is mandatory before conduct of business under the Legal Metrology Act & Rules.
Cosmetics Importer Registration under the Legal Metrology (Packaged Commodities) Rules 2011
An Importer is any person or firm which carries on the business of bringing into India from a place outside India. All importers of pre-packaged commodities need to apply for mandatory registration under the Legal Metrology (PACKAGED COMMODITIES) RULES 2011.
Legally speaking registration of Importers is mandatory and binding under Chapter 6, Rule 27 of the Legal Metrology (PACKAGED COMMODITIES) RULES 2011.
Key Insights of Importer Registration :
Under Rule 27 of the Legal Metrology ((PACKAGED COMMODITIES) RULES 2011, clear procedure has been prescribed for registration of Importers. It is mandatory to ensure that only standard packaged commodities can be imported.
Import of packaged commodities in non standard packages is punishable. It is also mandatory to follow the guidelines of the rules with regards to the declarations on the labels of the packaged commodities.
This application needs to be submitted to the Director or Controller of Central Legal Metrology Department, New Delhi.The registration will be valid for the entire country.
However, the important aspects that need to be covered or updated with changes in the future are:
- All the premises of import need to be mentioned in the Registration Certificate
– For the items mentioned in the Registration Certificate.
– In case of addition / deletion of premises covered under the Certificate of Registration
I am a manufacturer but i want to Import, do i still need Importer registration?
If there is a Manufacturer or Dealer who needs to import packaged commodity then in such a case the manufacturer or dealer will also need to register as an importer will need from the Director or Controller of Legal Metrology, Government of India.
This license is not transferable nor saleable and needs to be displayed in the place of business premises prominently.
Cosmetics Manufacturer Registration under the Legal Metrology (Packaged Commodities) Rules 2011
A manufacturer is 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
All manufacturers of pre-packaged commodities need to apply for mandatory registration under the Legal Metrology (PACKAGED COMMODITIES) RULES 2011.
Legally speaking registration of Manufacturers is mandatory and binding under Chapter 6, Rule 27 of the Legal Metrology (PACKAGED COMMODITIES) RULES 2011.
Key Insights of Manufacturer Registration :
Under Rule 27 of the Legal Metrology ((PACKAGED COMMODITIES) RULES 2011, clear procedure has been prescribed for registration of Manufacturers. It is mandatory to ensure that only standard packaged commodities can be imported.
Manufacture of packaged commodities in non standard packages is punishable. It is also mandatory to follow the guidelines of the rules with regards to the declarations on the labels of the packaged commodities.
This application needs to be submitted to the Director or Controller of Central Legal Metrology Department, New Delhi. The registration will be valid for the entire country.
However, the important aspects that need to be covered or updated with changes in the future are:
- All the premises of manufacture need to be mentioned in the Certificate of Registration
- For the items mentioned in the Registration Certificate.
– In case of addition / deletion of premises covered under the Certificate of Registration
I am an Importer but I also manufacture some products?
In case of a Importer, having Certificate of Registration as Importer, who is also a manufacturer of products locally, then such a company should have the Certificate of registration as a Manufacturer as well.
This license is not transferable nor saleable and needs to be displayed in the place of business premises prominently.
Cosmetics Packer Registration under the Legal Metrology (Packaged Commodities) Rules 2011
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.
All Packers of pre-packaged commodities need to apply for mandatory registration under the Legal Metrology (PACKAGED COMMODITIES) RULES 2011.
Legally speaking registration of Packers is mandatory and binding under Chapter 6, Rule 27 of the Legal Metrology (PACKAGED COMMODITIES) RULES 2011.
Key Insights of Packer Registration :
Under Rule 27 of the Legal Metrology ((PACKAGED COMMODITIES) RULES 2011, clear procedure has been prescribed for registration of Packers. It is mandatory to ensure that only standard packaged commodities can be packed.
Packaging commodities in non standard packages is punishable. It is also mandatory to follow the guidelines of the rules with regards to the declarations on the labels of the packaged commodities.
This application for registration needs to be submitted to the Director or Controller of Central Legal Metrology Department, New Delhi. The registration will be valid for the entire country.
However, the important aspects that need to be covered or updated with changes in the future are:
- All the premises of Packing need to be mentioned in the Certificate of Registration
- For the items mentioned in the Registration Certificate.
– In case of addition / deletion of premises covered under the Certificate of Registration
I am an Importer / Manufacturer but I also pack some products?
In case of a Importer / manufacturer, having Certificate of Registration , who is also a packer of products locally, then such a company should have the Certificate of registration as a Packer as well.
This license is not transferable nor saleable and needs to be displayed in the place of business premises prominently.
Cosmetics Consultants India Pty experts work closely with the clients and hand hold their team in the entire process.
Our team is a seasoned team of thorough and transparent professionals. Our experts have
spent years working on such cases and understand the finer print of Legal Metrology.
Get in touch with Cosmetics Consultants India Pty experts to get the various applicable registrations and licenses in your favor. Our team makes the process simpler and efficient for our clients.
Cosmetics Consultants India Pty team provides complete assistance in document creation and testing of models to its clients to get certifications from the Legal Metrology Department.
Short Address Usage Permission under the Legal Metrology (Packaged Commodities) Rules 2011
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.
Nomination of Director under the Legal Metrology (Packaged Commodities) Rules 2011
In case of non compliances under Legal Metrology Act there are clear guidelines under the Legal Metrology Act 2009 on the steps leading to fines and penalities that can be issued to companies and directors of such companies.
The principal question of “Who will be liable for any offense” whether the company or director/s or both are answered in Rule 49 of the Legal Metrology Act 2009.
As per section 49, in case of an offence by a company
1. (a) The person who has been nominated by the company, or
1. (b) Where no person has been nominated, every person in charge and responsible to the company for conduct of its business, and
2. the company
Shall be assumed to be guilty of such an offence and thereafter be liable to be proceeded as per provisions laid down in the ACT.
Therefore, It is very important, very companies and directors in such companies to clearly understand regulatory obligations and mutually agree on who will be responsible in cases of non-compliances.
Accordingly, the provisions of Nominations of Directors has been laid down under the rules which
Below are the provisions laid for Nominating of a director under Section 49(2)
- A company may authorize any of its Directors to exercise any power to prevent commission of an offense by the Company.
- A notice communicating such authorization should be sent to the Director as well as Controller of Legal Metrology of the concerned State. The written consent of the authorized Director should be enclosed with the notice.
- Different persons may be nominated for different branches, establishments or units.
As per Section 49(3) , nomination of directors shall remain valid until:
- A notice for cancellation of such nomination of director has been sent by the Company.
- An intimation has been sent to the Director or Controller of Legal Metrology that the nominated person ceases to be a director of the company.
- The nominated director requests the Director and controller of Legal Metrology for cancellation of his nomination after intimation to the company.
In such a case, The nomination will be cancelled from the date of request.
Okay, so how can we nominate a director under these rules?
As per Rule 29 of the Legal Metrology (General) Rules, 2011, Every company shall inform the Director or the concerned Controller or his authorized officer, by a notice in duplicate, in the format specified in Thirteenth Schedule. It should contain the name and address of the Director, who has been nominated by it to be in-charge of and responsible to the company for the conduct of the business of the company or any establishment, branch or unit thereof.
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