India Regulatory News

On 17 August 2023, the Bureau of Indian Standards (BIS) published a Draft Indian Standard with the title Plastic Feeding and Drinking Containers Accessories and Cutleries for Infant and Child Use Spec...

On 17 August 2023, the Bureau of Indian Standards (BIS) published a Draft Indian Standard with the title Plastic Feeding and Drinking Containers Accessories and Cutleries for Infant and Child Use Specification. This is a new Draft Indian Standard which prescribes the requirements, methods of sampling, safety aspects and test method for feeding and drinking containers and accessories for infants and children. The draft is  open for comments until 16 October 2023. 

The standard does not apply to infant feeding bottles and teats for feeding bottles, as standards for those products are already covered under IS14625 and IS3565. The full text of the draft standard can be found here. 

Materials 

The material used for feeding and drinking containers, its accessories and cutleries for infants and child use shall be made of the following materials: 

• Thermoplastic elastomers (TPA) according with ISO 18064  

• Polyether sulfone (PES) complying with ISO 24025-1 

• Polypropylene (PP) complying with ISO 10910 

• Other olefin-based polymers 

• Other co-polyester materials 

• Raw materials like silicone rubber 

The standard recommends that the materials used must be free of bisphenol-A (BPA) and that  ISO 18857-2 or EN 13130-13 (European standards) is used to determine the absence of BPA. Furthermore, the standard prohibits the usage of polyvinyl chloride (PVC) and polyethylene terephthalate (PET) in the production of the mentioned products. 

Manufacturers must follow good manufacturing practices (GMP). 

Limits for heavy metals 

• The following table lists the permissible levels for heavy metals in plastic feeding and drinking containers set forth in the draft standard: 

For containers, accessories and cutleries made of silicone rubber the standard gives the specific migration of heavy metals listed in the table below. 

Categories of products 

The draft standard contains images of the commonly used designs, shapes and sizes. The products divided  into three categories as follows:  

• Containers: bowls, drinking tumbler/cups/mugs, double wall insulated sippy cups, drinking glass, container with breast pump, fresh fruit feeders, 360 degree magic cup, medicine feeders, plates, spout cups, sippy spout bottles, sippy straw bottle, water bottles. 

• Accessories: spoons, straws, spouts, pipes, air vent systems, handles, locking rings, sealing disks, protecting caps, breast shields, valves, slings. 

• Cutlery: spoons, forks. 

India is a party to the 1988 UN Convention against Illicit Traffick in Narcotic Drugs and Psychotropic Substances (NDPS). The convention regulates 33 chemicals, but so far India has only regulated 27 ...

India is a party to the 1988 UN Convention against Illicit Traffick in Narcotic Drugs and Psychotropic Substances (NDPS). The convention regulates 33 chemicals, but so far India has only regulated 27 of these for international trade under the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013 (RCS). 

Chemicals not controlled under RCS  

The 6 chemicals that India does not regulate are: 

• Acetone 

• Ethyl Ether 

• Hydrochloric Acid 

• Piperidine 

• Sulfuric Acid  

• Toluene 

Since these chemicals are regulated internationally under the NDPS, many countries are getting no objection against Pre-Export Notifications (PENs) issued to them before issuing an Export Authorization, and in cases of import, some countries may reject the import consignment because they don't have a No Objection Certificate (NOC) from the exporting country. Consequently, trade may encounter numerous challenges when it comes to clearing import and export shipments containing these chemicals. 

Notice from Central Bureau of Narcotics 

To promote smooth trade involving these 6 chemicals around the world, the Central Bureau of Narcotics (CBN) released a public notice on August 08, 2023. In this notice, they suggested that companies that are encountering trade-related difficulties should adopt a voluntary code of approach by reaching out to the CBN via e-mail at narcommr@cbn.nic.in (with a copy sent to iccmumbai@iccmail.in). On a case-by-case basis, companies can provide minimal documentation, including the Know Your Customer (KYC) for to get a letter or communication saying these chemicals are not regulated in India. 

Voluntary practice 

Members of the Indian Chemical Council are encouraged to adopt voluntary practice when it comes to importing and exporting these six chemicals, aiming to mitigate any potential challenges in the global trade of these substances. 

On 25 July 2023, a notification was disclosed by India’s Ministry of Environment, Forest and Climate Change amending the E-Waste (Management) Rules, 2022. The updated notification is cited as E-Wast...

On 25 July 2023, a notification was disclosed by India’s Ministry of Environment, Forest and Climate Change amending the E-Waste (Management) Rules, 2022. The updated notification is cited as E-Waste (Management) Second Amendment Rules, 2023 and came into force on the date of publication. The amendment involves updates in the exemption list of electrical and electronic equipment (EEE) items under the Restriction of Hazardous Substances (RoHS) rules. 

Products and their applications which was exempted from the requirements of sub-rule 1 of rule 16 of E-Waste (Management) Rules, 2022 are covered in Schedule-I and Schedule-II. 

The provisions of sub-rule 1 shall not apply to components or spares required for electrical and electronic equipment specified in Schedule – II B placed in the market on or before the 1st May 2014 and electrical and electronic equipment specified in Schedule – II C placed in the market on or before the 1st April 2025. 

Further details on exemption list of Schedule-II can be found in the E-Waste (Management) Rules, 2022: https://www.mppcb.mp.gov.in/proc/E-Waste-Management-Rules-2022-English.pdf 

In the E-Waste Management Rules, 2023 the following applications are exempted from the provisions of sub-rule 1 of rule 16 specific to medical devices and monitoring and control instruments including laboratory equipment. 

Further details on Schedule-II B and Schedule-II C can be found in the E-Waste (Management) Second Amendment Rules, 2023:  

http://www.indiaenvironmentportal.org.in/files/file/e%20waste%20second%20amendment%20rules%202023.pdf 

On 28 June 2023 the Indian Ministry of Power published a notice in the Gazette of India notifying the release of the Carbon Credit Trading Scheme, 2023. The Scheme came in to force on the day of publi...

On 28 June 2023 the Indian Ministry of Power published a notice in the Gazette of India notifying the release of the Carbon Credit Trading Scheme, 2023. The Scheme came in to force on the day of publication in the Gazette. 

The plan outlines each institution's specific responsibilities for putting the Indian carbon credit trading plan into action. Carbon credits certificates (CCCs) will be awarded to required entities that achieve their greenhouse gas emission objectives. Those that cannot make up the difference by buying carbon credit certificates.  

Below are the respective duties of each of the institutions. 

Governance: National Steering Committee for Indian Carbon Market 

The National Steering Committee for Indian Carbon Market was created when the Indian carbon market was formed. Representatives from the Ministry of Power, Ministry of Finance, Ministry of New and Renewable Energy, Bureau of Energy Efficiency, and several other ministries and organizations will sit on the committee. The Committee has the following functions: 

• Observe how the Indian carbon market operates. 

• Make recommendations to the Bureau of Energy Efficiency for the development of carbon market regulations and processes, greenhouse gas emission objectives, rules for selling carbon credit certificates outside of India, etc. 

• Determine the requirements and format for submissions, the validity of the CCC, the floor price, the forbearance price, and other associated compliance measures. 

Administrate: Bureau of Energy Efficiency  

As the administrator the Bureau of Energy Efficiency (BEE) oversees the following functions: 

• Determine which industries have the most potential to reduce greenhouse gas emissions. 

• Create targets and a compliance trajectory for entities. 

• Distribute CCCs 

• Set CCC achieving criteria for each industry by conducting studies. 

Registry: The Grid Controller of India 

The Grid Controller of India Limited shall be the Registry for the Indian carbon market. The Registry shall oversee the following functions as determined by the Central Government from time to time: 

• Keep a database of registration of CCC-related organizations 

• Keep track of CCC transactions. 

• Assist in the development of an information technology platform for maintaining a database of CCCs. 

Regulator: Central Electricity Regulatory Commission 

The Central Electricity Regulatory Commission shall be the regulator for the trading activities under the Indian carbon market. The regulator shall perform the following: 

• Regulate CCC trading-related issues 

• Regulate CCC trading frequency 

• Provide market monitoring, and take the appropriate precautions to avoid fraud or distrust. 

Furthermore, the Bureau of Energy Efficiency shall constitute one or more Technical Committees for different areas as required under compliance mechanisms for the purpose of the Scheme. 

 The full text of the Carbon Credit Trading Scheme 2023 can be found here. 

On 6 July 2023 the Bureau of Indian Standards (BIS) published a draft revised standard for Glauber salt (sodium sulphate, decahydrate). The last date for comments is 7 September 2023.  In 1950, th...

On 6 July 2023 the Bureau of Indian Standards (BIS) published a draft revised standard for Glauber salt (sodium sulphate, decahydrate). The last date for comments is 7 September 2023. 

In 1950, the BIS published a draft for Glauber salt involving the maximum acceptable limits for some heavy metals.  

Glauber salt also known as mirabilite is used in textiles, glass, paper and pulp, dyestuff, leather, and metallurgical industries. In these sectors, it is for example used in the manufacture of plate and sheet partially glass, it serves as an agent to promote even distribution of dye of common salt in curing hides, and is also used for separation of nickel from copper. 

The draft standard was eventually revised in 1972. The first revision involves the limit values for sodium sulphate and zinc.  

• For sodium sulphate the defined minimum limit was 98.5 percent. 

• For zinc: the maximum limit was given to be 0.4 percent.  

The current second revision involves test methods for chloride and iron determination. The draft consists of following two annexes: 

• Annex A: provides method of testing for Glauber salt 

• Annex B: contains details on sampling of Glauber salt 

Also, a subsection for packing and marking is mentioned in the draft. The product must be marked with the BIS standard mark and the packages must be marked with the following details: 

a) Name and grade of the material; 

b) Net weight of contents;  

c) Year of manufacture;  

d) Manufacturer’s name and/or his recognized trade-mark, if any; and  

e) Batch number to enable the lot of manufacture to be traced from records 

Further details on the methods, packing and marking can be found here: 

https://www.services.bis.gov.in/tmp/WCCHD17022844_06072023_1.pdf 

The Central Government of India has extended the enforcement date for 10 substances under the Quality Control Order (QCO). The amended enforcement dates were published by the Ministry of Chemicals and...

The Central Government of India has extended the enforcement date for 10 substances under the Quality Control Order (QCO). The amended enforcement dates were published by the Ministry of Chemicals and Fertilizers, Department of Chemicals and Petrochemicals in the Indian Gazette on 21 July 2023. The Quality Control Order is the regulation that requires concerned substances to carry the certification mark of the Bureau of Indian Standards (BIS). The 10 substances and their previous and new enforcement dates are listed in the table below.

The full text of the Gazette notification for the 10 substances can be found here.

On June 7, 2023, the Indian Central Board of Indirect Taxes & Customs (CBIC) issued Circular No. 15/2023 which makes it mandatory to provide additional parameters for imported goods such as scientific...

On June 7, 2023, the Indian Central Board of Indirect Taxes & Customs (CBIC) issued Circular No. 15/2023 which makes it mandatory to provide additional parameters for imported goods such as scientific names, IUPAC names, brand name, CAS number, etc. along with the complete details of imported products. The requirements were to come into force on July 1, 2023. However, on June 30, 2023, the CBIC introduced an amendment to the circular deferring the date for the mandatory additional requirements for import/export of certain products from July 1, 2023, to October 1, 2023.  

The circular was further discussed with the Department of Chemicals and Petrochemicals, the Ministry of AYUSH, and the Directorate General of Foreign Trade (DGFT). It was concluded that providing the complete details of the products on import/export declarations can clear the way for effectiveness in assessment, avoidance of queries, and speed up clearance processes. 

Following mandatory requirements are added for import/export declarations: 

• The declaration of IUPAC name and CAS number of the constituent chemicals for imports. 

• The declaration of the name of the medicinal plant, for exports of parts of plants. 

• The declaration of the name of the formulation, for exports of formulations of different streams of medicine. 

• The declaration of the surface material that comes into contact with the chemical, for exports of various products.