Hi, Is it mandatory to take legal metrology certificate from central govt. for direct selling companies if we are selling products all over India?
From India, Kochi
Labour Law & Hr Consultant

Dear friend,

Since I worked as an Additional Controller of Legal Metrology in Tamilnadu very long back, I find it difficult to understand what " the certificate " you mentioned in respect of a direct seller of goods could be.

If the goods you sell directly or through intermediaries are in packaged form i.e with a predetermined value which can be verified only by breaking open the seal or the package undergoing a perceptible change or modification, you will have to obtain a packer's licence under the Packaged Commodities Rules made under the Standards of Legal Metrology ( Enforcement ) Act from the Director of Legal Metrology, New Delhi.

Anyway, make enquiries with the local inspector of legal Metrology of the area for sure.

From India, Salem
Hi Sir,

Thank you for your valuable feedback!
Actually we are a health care company which provides epigenetic lifestyle modification solutions to the customers based on their genetic and metabolic assessment. We do have nutritional supplements also. We don't have any manufacturing unit. Formula is ours but another company is manufacturing the supplements for us. Also, product packaging is done by them. After this whole process, they will send the products to our warehouse and from warehouse only they are shipped to diff. parts of the country. So, i need to know whether legal metrology registration is required in this case?

From India, Kochi
Dear Sruti,

What you mentioned is called " Packers Licence ". If the manufacturer is not a packer, then the actual packer has to take the licence. The purpose of the licence is to ensure that the commodities are packed in the standard units of quantities and the package contains the mandatory declarations as to manufacturer/ packers address, quantity, Maximum Retail Price, date of expiry, if any etc.

Under the circumstances explained in your reply, it is a legal requirement to take the licence the failure of which will result in seizure and confiscation of the commodities in any point by the enforcement wing of the department of legal Metrology any where across the States and criminal prosecution.

From India, Salem
Sir, but as we are not the manufacturers/packers, we don’t need to take the license, right?
From India, Kochi
If you are the patent holder and you only lend the formula to any other for manufacturing and marketing, then you need not obtain the licence.
From India, Salem
Yes formulation is ours. Manufacturing and packaging is done by another company. But marketing and selling is done by us.
From India, Kochi
In that case, Sruti, your Company becomes the part of the supply chain of the product. Even though, you are neither a manufacturer nor a packer, as an intermediary between the manufacturer and the retailer or the the ultimate consumer, you have got the vicarious liability regarding any non-compliance with the PC Rules and the moral responsibility to ensure compliance by the manufacturer/packer before marketing the product. In case of any lapse, hence you also would be held liable and prosecuted for the non-compliance.
From India, Salem

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