India Regulatory News

On October 13, 2023, the Bureau of Indian Standards (BIS) opened a public consultation on a standard for plastic bottles and containers used for packaging natural mineral water and drinking water.  T...

On October 13, 2023, the Bureau of Indian Standards (BIS) opened a public consultation on a standard for plastic bottles and containers used for packaging natural mineral water and drinking water.  The last date for comments is December 12,2023. 

This standard specifies the raw material requirements, dimensional and performance requirements, and test methods for plastic containers used for packaging natural mineral water and packaged drinking water, excluding flexible pouches, polymeric layers inside metal cans, and paperboard-based packaging materials. 

Scope: 

This standard covers the specifications for the raw materials, dimensions, performance requirements, and test procedures applicable to plastic containers, such as bottles, jars, and cups, including their respective closures fabricated from materials like Polyethylene (PE), Polyethylene Terephthalate (PET), Polypropylene (PP), or Polycarbonate (PC). 

Materials for containers and lids: 

The standard requires that the plastic containers shall be made of the materials listed below which must conform to the relevant Indian Standards. 

• Polyethylene (PE) – IS 10146 

• Polyethylene Terephthalate (PET) – IS 12252 

• Polypropylene (PP) – IS 10910 

• Polycarbonate (PC) – IS 14971 

The container must have a lid made of one of the following materials: 

• Aluminium sheets coated with food grade lacquering on the inside. 

• Plastic such as High-Density Polyethylene (HDPE) or Polypropylene 

• A combination of plastic and metal  

Each container and lid must be marked with the name of the material (PET, PE, PP, or PC), as well as the batch and code number. In addition, it should be marked with its recycling symbol and recycled content as required by IS 14535. 

Polymer film used to coat aluminum foil must meet IS 8970:1991 and IS 10910:1994 criteria for safe usage in contact with food and drinking water.  

The guideline excludes biodegradable and compostable plastics, as well as flexible pouches used as water containers.  

Migration limits:

The standard establishes the following permitted limits for heavy metals in containers and lids. The limits are set by the Food Safety and Standards (Packaging) Regulations, 2018. 

Timeline: 

Last date for submitting comments is December 12, 2023. 

The Bureau of Indian Standards (BIS) is seeking feedback on a draft revision of the standard that restricts the amount of lead and cadmium in porcelain crockery that comes into contact with food and d...

The Bureau of Indian Standards (BIS) is seeking feedback on a draft revision of the standard that restricts the amount of lead and cadmium in porcelain crockery that comes into contact with food and drink till 10 November 2023. 

Background 

The standard for porcelain crockeryware (IS 3505) was first released in 1965 and has been amended several over the years. It was revised in 1979, 1994, and then a third time in 2002. In the third revision, the limits for lead and lead-dioxin release had been changed to be in line with the standards set by the International Organization for Standardization and Disarmament (ISO/DIS) for Ceramicware, Glass Ceramicware and Glass Dinnerware in Contact with Food-Release of Lead and Cadmium. Part 2 of the standard is called the 'Permissible Limit', which includes current regulations from major world bodies. It's designed to make sure there are no non-tariff barriers, and to protect people from any potential risks arising from the use of incorrectly manufactured or handled crockeryware that comes into contact with food and drink. 

Fourth revision of the porcelain standard 

The draft of the fourth revision of the standard specifies the standards and techniques for sampling and testing porcelain crockery. The draft lists the test techniques from IS 14179:1999 used to guarantee that products are resistant to detergents, citric acid, and hairline cracking of the surface glaze. As porcelain has a low thermal conductivity, the test methods used to assess possible migration of harmful elements differ from those used for ceramic items. 

The test method for lead and cadmium is specified in IS 9806:2001 and the release of these elements must not exceed the limit values given in the table below. 

The draft of the fourth revision also lays out provisions for marking and packing. It mandates that each article of porcelain crockeryware must be indelibly and legibly marked on its underside with the manufacturer’s name.  

In addition, each package of products must be marked with the following details: 

• Indication of the source of manufacturer 

• Description of the items 

• Quantity 

• Batch and lot number 

• Grade and type 

• Decoration quality number if any 

• Month and year of manufacture 

Further consultations 

The BIS also is consulting on revised standards for earthenware crockeryware (deadline 3 November 2023), fine (bone) china crockeryware (deadline 10 November 2023), and stoneware crockeryware (deadline 20 November 2023). 

On 21 September 2023, the Department for Promotion of Industry and Internal Trade (DPIIT) notified the draft of a new regulation called the Asbestos or Fiber Cement-Based Products (Quality Control) Re...

On 21 September 2023, the Department for Promotion of Industry and Internal Trade (DPIIT) notified the draft of a new regulation called the Asbestos or Fiber Cement-Based Products (Quality Control) Regulations 2023 to the World Trade Organization (WTO). The deadline for comments is 60 days from the date of notification. The draft of the Quality Control Order (QCO) can be found here.  

Asbestos 

Asbestos is a naturally occurring fibrous silicate mineral. It is an excellent thermal and electrical insulator and is highly fire resistant. Inhalation of asbestos fibres can lead to various dangerous lung conditions including asbestosis and lung cancer. 

Asbestos cement (fibre cement) products are made from a mixture of chrysotile fibres (9%), cement (about 40%), fly ash (about 30%), the rest wood pulp and water. 

Purpose 

The purpose of this regulation is to protect human health or safety and the environment, to prevent deceptive practices, to protect consumers and to enforce quality requirements.  

Conformity to the standard and compulsory use of the Standard Mark  

The purpose of this QCO is to ensure that asbestos and fibre-cement based products conform to the Indian standard relevant for the specific product (see table below) and bear the standard mark under license from the Bureau of Indian Standards (BIS) as per Scheme I of Schedule II of the Bureau of Indian Standards (Conformity Assessment) Regulations 2018. The use of the standard mark is governed by the Bureau of Indian Standards Act, 2016 and the rules and regulations made thereunder. The Bureau of Indian Standards is the certifying and enforcing authority for the goods or articles specified in the table. 

Timeline 

This regulation shall come into force six months after the date of publication of this notice in the Federal Register. 

Penalty 

Any person who contravenes any of the provisions of the QCO for asbestos is punishable under the provisions of the Bureau of Indian Standards Act, 2016. 

In order to control the presence of heavy metals in specific cosmetics, the Bureau of Indian Standards (BIS) has opened the comments area for three Draft Indian Standards for face wash, shower gel, an...

In order to control the presence of heavy metals in specific cosmetics, the Bureau of Indian Standards (BIS) has opened the comments area for three Draft Indian Standards for face wash, shower gel, and face/body scrub. The comment sections will be accessible until October 28, 2023.

Contents of the draft Standard

The draft Standard contains the methods for the determination of pH, heavy metals with their restricted amount in cosmetics, and sampling methods for cosmetics. The draft also elaborates on the packing and marking requirement for cosmetic products as per the Bureau of Indian Standards Act, 2016.

The proposed limits for lead, arsenic, and mercury in surfactant-based and soap-based face wash, shower gel, and face/body scrub are as follows:

A limitation on the total microbiological count for products as defined by Indian Standard (IS) 14648 is also included in the proposal. According to the current Indian Standard (IS) 4011, safety assessments would be necessary for any newly developed or unusual ingredients used in the production of the products.

According to the requirements, substances used to make body gel and face wash should adhere to the list of chemicals that are generally recognized as safe (GRAS) as per Indian Standard (IS) 4707 and be subject to limitations under the Drugs and Cosmetics Act 1940.

BIS certification marking

The Bureau of Indian Standards Act, 2016, and the Rules and Regulations established thereunder allow conformity assessment methods, the application of the Standard Mark on the product(s), and certification of the product(s) complying with the requirements of this standard.

Packing and marking

According to the draft Standard, the products should be packed in suitable well-closed containers and marked with the following information:

• Name of the material

• Manufacturer’s name and its recognized trade-mark, if any

• Net content

• Batch number

• Use before or expiry date as per statutory requirements

• List of ingredients, as per statutory requirements

• Any other information required by statutory authorities

In a significant step towards enhancing transparency and efficiency in the chemical and petrochemical sector, the Department of Chemicals and Petrochemicals (DCPC), Government of India, is in the proc...

In a significant step towards enhancing transparency and efficiency in the chemical and petrochemical sector, the Department of Chemicals and Petrochemicals (DCPC), Government of India, is in the process of launching the Indian Chemical Inventory through its platform, ChemIndia. This platform, which is set to redefine the industry landscape, aims to facilitate the requirements of the chemical and petrochemical industries while collecting vital statistics on production, capacity, exports, imports, purchases, sales, and various chemical properties. 

Comprehensive Chemical Inventory 

The primary objective of compiling this database is to create a comprehensive chemical inventory that includes all pertinent information related to the sector. As part of this initiative, the DCPC has mandated the inclusion of additional qualifiers, such as CAS and IUPAC names in addition to the Harmonized System (HS) codes, for import-export data. This requirement, effective from 15 October 2023, applies to imports falling under Chapters 28, 29, 32, 38 (3808 only) and 39 for all bills of entry filed on or after 1 October 2023. More details on these requirements can be found here). 

Empowering Industries Through the Indian Chemical Inventory 

The Indian Chemical Inventory is as a testament to the DCPC's commitment to revolutionise data management in the chemical industry. This ambitious project provides real-time data collection, analysis, and compilation from the chemicals and petrochemical industry, presented on a monthly/annual basis. By streamlining data collection and storage, the Indian Chemical Inventory drastically reduces the cost, time, and administrative burden associated with manual processes. 

Benefits  

The Indian Chemical Inventory initiative is a significant development in providing access to information based on geographical location, enabling rapid decision making and responses based on current market knowledge. The focus is on improving accuracy and efficiency in managing and interpreting data, promoting knowledge generation, and encouraging innovation within the industry. It will enable researchers and various stakeholders to carry out effective research and analysis. In addition, this inventory would provide valuable data insights to policy makers at national and regional levels, promoting collaboration and partnerships within the chemical sector ecosystem. Additionally, there's a shift towards the use of cutting-edge technologies for data collection, analysis, and storage, allowing remote data entry, monitoring, and analysis.  

Features  

Key features of this platform include: A GIS Dashboards that provide location-based insights through interactive data visualisations, ensuring fast and intuitive analysis.  It also provides real-time data availability, enabling rapid access for in-depth analysis and making it a valuable asset for businesses, researchers, and policy makers.  

In addition, the Indian Chemical Inventory serves as a hub for sharing research material and data, promoting collaboration among industry stakeholders and facilitating industrial policy development. Leveraging advanced technologies such as artificial intelligence, machine learning, and big data analytics, the Inventory enhances data processing capabilities, enabling detailed analysis of hazard classifications, exposure routes, and environmental impacts. It also provides a systematic overview of the industry, enabling companies to make informed decisions and strategic plans for sustainable growth.  

More information on how to use this Platform can be found here. 

If you have any questions, please write a message to our team via this email: indiareg@gpcregulatory.com 

The Department of Chemicals and Petrochemicals has extended the Quality Control Orders (QCOs) for three chemicals. On 26 September 2023, a notification was published in the Gazette of India in consult...

The Department of Chemicals and Petrochemicals has extended the Quality Control Orders (QCOs) for three chemicals. On 26 September 2023, a notification was published in the Gazette of India in consultation with Bureau of Indian Standards (BIS) extending enforcement dates of the QCOs for three chemicals. The chemicals and revised dates are as follows: 

The Quality Control Order is the regulation that requires concerned substances to carry the certification mark of the Bureau of Indian Standards. The existing rules will remain in force until the implementation of the new QCOs. 

For further information on BIS compliance, visit GPCgateway or contact GPC at compliance@gpcregulatory.com 

On 30 September 2023, India’s Central Board of Indirect Taxes and Customs (CBIC) issued a new Circular (No. 23/2023) regarding mandatory additional qualifiers in import/export declarations in respec...

On 30 September 2023, India’s Central Board of Indirect Taxes and Customs (CBIC) issued a new Circular (No. 23/2023) regarding mandatory additional qualifiers in import/export declarations in respect of certain products. This Circular amends a precious Circular (No.15/2023) dated 7 June 2023 following consideration of various representations and consultations with stakeholder. The Circular will enter into force on 15 October 2023, two weeks later than originally planned.

The amendment primarily affects paragraphs 4.1 and 4.2 of Circular No. 15/2023. The key changes are described below.

Chemical Category Details

The orginal Circular No. 15/2023, introduced changes that required additional qualifiers in import/export declarations for certain products. The Circular required these qualifiers for goods imported under chapters 28, 29, 32, 38, and 39. In the amended circular only heading 3808 of Chapter 38 ‘Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles’ is included.

For goods imported under the above-mentioned chapters, importers will now be required to provide additional details in the following categories:

Declaration of Non-Availability

In cases where importers are unable to obtain information on even one ingredient due to supplier confidentiality, a declaration of non-availability of CAS and IUPAC details must on the Bill of Entry as follows:

I certify that the information related to IUPAC & CAS number is not in my possession as the same is not provided by my supplier due to confidentiality.

Effective Date and Implementation

The revised requirements specified in Circular No. 23/2023 will be mandatory for imports under the mentioned chapters for all bills of entry filed on or after 15 October 2023. These additional qualifiers will supplement the existing declaration made by importers. 

It is important to note that the mandatory additional qualifiers for exports under the specified Customs Tariff Headings (CTHs) of the mentioned chapters will remain the same, with effect from 1 October 2023.