Every individual or an entity dealing with pre-packed commodities shall register themselves as a 'Manufacturer'/ 'Packer' or an 'Importer' with the Director/Controller of Legal Metrology in the concerned Jurisdiction. The Legal Metrology (Packaged Commodities) Rules, 2011 (Rules) completely provide for all statutory requirements to be followed by persons dealing with and declarations to be made with respect to 'Packaged commodities'.

Rule 27 of the said Rules provides for the procedure for Registration as a 'Packer' or 'Importer'. Scope and its Applicability: Rule 27 contains provisions relating to Registration as a 'Manufacturer', 'Packer' and an 'Importer'. Before analyzing the procedure for registration, it is important to understand the differences between the terms 'manufacturer' and 'packer'.
According to Rule 2(d), the term 'Manufacturer' means and includes any person / Firm, who
• Produce/ make / manufacture a commodity
• Puts, or causes to be put, any mark on any packaged commodity and the mark claims the commodity in the package to be a commodity produced, made or manufactured by such person or firm.
On the other hand Rule 2(g) defines 'Packer' as a person / Firm, who which pre-packs any commodity in any bottle, tin, wrapper or otherwise, in units suitable for sale whether wholesale or retail.

The term 'pre-packed commodity' means 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;[1]

Rule 27 provides provision for two licenses- Packer and an Importer. The Rule lays down that the registration is applicable for any person who prepacks or imports any commodity for sale distribution or delivery.

Timeframe:

Application in this regard shall be made before the Director/Controller of Legal Metrology as the case may be made within ninety days from the date on which he or it commences such pre-packing/importing.

Form and manner:
Every Applicant shall submit an Application for Registration before the Director/Controller as the case may be, containing the following particulars:
(a) The name of the applicant;
(b) The complete address of the premises (One or more) at which the pre-packing or import of one or more commodities is made by the applicant;
'Complete address' means, the postal address at which the factory is situated. In any other case, the name of the street, number (if any) assigned to the premises of the manufacturer or packer and either the name of the city and State where the business is carried on by the manufacturer or packer or the Postal Index Number [PIN] Code.[2]

(c) The name of the commodity or commodities pre-packed or imported by the applicant.
In addition to the above particulars of goods imported and the names of the countries from which the goods are imported are to be given in case of application to register as an importer.

Registration of a shorter address is allowed if the Controller/Director is satisfied that such address is sufficient to enable the consumer or any other person to identify the manufacturer or the packer.[3]
The Application along with the supporting documents are required to be submitted along with the fee of Rupees Five Hundred. Upon verification of the Application and the documents, the Controller/Director as the case may be will issue the certificate of Registration as a 'packer' or 'Importer'.

Amendment to the Certificate of Registration:
Any amendment to be carried out in the certificate of registration shall be communicated to the Registrar in writing along with a fee of rupees one hundred.

Offenses and Penalty:
Whoever contravenes the provisions of rules 27 to 31, he shall be punished with fine of four thousand rupees. In case if the violation is committed by a company, every director or person in-charge shall be punished independently.

It is pertinent to note that, the Registration under Rule 27 is mandatory for all 'pre-packed commodities'. In spite of the definition provided in the Legal Metrology Act 2009, there is ambiguity in interpretation of the said term. Even though various High Courts and the Supreme Court have tried to interpret the term in various Judicial Precedents, lack of clarity in this regard still prevail among firms/ entities in complying with the provisions of these Rules.

[1] Section 2(l) of the Legal Metrology Act 2009
[2] Explanation to Rule 10(1) of the Legal Metrology (Packaged Commodity) Rules, 2011
[3] Explanation to Rule 28 of the Legal Metrology (Packaged Commodity) Rules, 2011
Application For Registration Of Packers / Manufacturers Under Rule 27 of the Legal Metrology (Packaged Commodities) Rules, 2011
Key points while submitting the application form
WHY US :
1. Online Fees For Manufacturer Rs. 500/-, Repairer Rs. 100/-, Dealer Rs. 100/-, Importers Rs. 500/-, Packers Rs.500/-.
2. All document should be self attested and uploaded in pdf file. The size of the pdf file should not be more than 2 MB.
3. Soft Copy of Passport size photograph
4. If Date of commencement of pre-packing/import is more than 90 days ago which is a violation of 27/32(1).You have to deposit late fee of Rs. 4000/-(per Director + one company).
Mandatory Documents to be uploaded
1. Licence for trade / manufacture / Factory / Lal Dora certficate from MCD/NDMC/DDA etc. In case the MCD licence is not available with the applicant, an undertaking in the form of affidavit is to be submitted that the business premises is not located in non-conforming area and / or is not likely to be sealed by the MCD or relocated.
2. Residential Address proof of the proprietors/directors/partners like voter ID card, passport etc.
3. GST/ Sales Tax registration.
4. Packing material / Slip /Sticker/ Label which is being pasted on the packages.
5. Memorandum of Association of the Company,Partnership deed in respect of Partnership firms.
6. Passport size photograph (all Directors/all Partners/Proprietor) through this link Combine Multiple JPG files into one JPG file

Optional Documents
1. Proof of commercial area
2. Receipt of Offences for which challenged and whether it is compounded Approval Procedure

After submitting the complete application by the applicant along with the requisite fee, the concerned LMO of the concerned Zone visits the premises of the applicant and if the functioning of the firm found as per guidelines of the department, he recommends the application for granting the license / registration to the competent authority through the concerned Zonal officer. Thereafter the competent authority after scrutinizing grants its approval / rejection. On grant of license, automatic SMS alert and e-mail is sent to the applicant on registered mobile number. Applicant can print license / registration certificate digitally signed by the competent authority online.