Mandatory registration requirement under Legal Metrology law
We highlighted the applicability of Legal Metrology law on component manufacturers supplying goods to OEMs in packaged form.
We also wish to highlight that every person dealing in pre-packaged commodity (FMCG, Consumer Durables etc.) are covered under Legal Metrology law.
Rule 27 of the Legal Metrology (Packaged Commodities) Rules, 2011 (‘LMPC Rules’) provides that every person who pre-packs or imports any pre-packaged commodity is liable to take registration. Hence, every person who manufactures, packs, or imports any pre-packaged commodity (including person supplying pre-packaged commodity to industrial / institutional consumers) needs to seek registration under Legal Metrology law. A separate registration needs to be sought in capacity of packer and importer.
A general penalty of up to Rs. 5,000 can be levied for not taking registration. Apart from that, there can be practical challenges in not seeking registration like non-clearance / delay in customs clearance of imported goods etc.
Manufacturer / importer may apply for registration before Director (Central authorities) or before respective State Controller (State authorities).
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