India Regulatory News

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. 

At the end of June 2023, the Bureau of Indian Standards (BIS) published a draft amended standard for surface cleansers that contain quaternary ammonium compounds (QUACs). BIS is accepting comments on ...

At the end of June 2023, the Bureau of Indian Standards (BIS) published a draft amended standard for surface cleansers that contain quaternary ammonium compounds (QUACs). BIS is accepting comments on the draft until August 31. This is the standard's first change since 1996. In this first revision, the requirements for total non-volatile matter, pH and QAC content have been modified. Furthermore, the packing and marking clauses have been updated. 

QUATs are antibacterial agents that can be added to conventional liquid cleaners based on soap and detergents to deal with bacteria. A product of this type helps to create hygienic environment through cleaning and reducing the effect of bioburden (i.e. the number of bacteria living on a surface that has not been sterilized). The quaternary ammonium compounds (QAC) may be cetylpyridinium chloride, cetalkonium chloride, benzalkonium chloride, or any quaternary ammonium compound, suitable for the purpose. 

• The following are the suggested specifications for cleaners containing QUACs:   

The draft standard indicates that the cleaners containing QUACs should be contained in glass bottles or suitable plastic containers, provided with a pilfer proof cap made of either metal or plastic and be marked with the following: 

a) Indication of the source of manufacture 

b) Net content of the material 

c) Name of the material 

d) Month and year of manufacture, and Batch No. or Code No. 

e) Direction for use 

f) Cautionary label 'DO NOT MIX WITH HOUSEHOLD SOAP AND DETERGENTS'. 

On June 21, 2023, the Bureau of Indian Standards (BIS) published a revised draft standard for soap noodles. BIS will take comments on the draft till August 31, 2023. The draft is an updated version of...

On June 21, 2023, the Bureau of Indian Standards (BIS) published a revised draft standard for soap noodles. BIS will take comments on the draft till August 31, 2023. The draft is an updated version of IS10513, which was first issued in 1983, has been approved by BIS for use with soap noodles. The standard covers requirement for “soap noodles” used as an intermediate product for subsequent conversion into marketable soaps. The phrase "Sodium oleostearate noodles" has been changed to "Soap noodles" in this revision, since soap noodles presently are made from different blends of oils and benefit ingredients.

The 1983 version of the standard did not differentiate between soaps used for personal care, laundry, or other purposes, like those used in the industry. In this revision 3 categories of soaps are included: Type 1 personal care soaps (pure soap noodles), Type 2 laundry soaps, and Type 3 is “other soap noodles” which covers different combinations of soap and other beneficial ingredients as agreed between the manufacturer and supplier.  According to Cosmetic Rules 2020, all ingredients used in cosmetic products, such as personal care soap, must adhere to Indian Standards (IS) 4707 (Part 1 and Part 2), the Drugs and Cosmetics Act 1940 & Rules 1945.

The revision gives the following restrictions for heavy metals and other chemicals for the three product categories:

The draft furthermore addresses ingredients like fatty acids, oils, and electrolytes that are used in the manufacturing processes.

In addition, the manufacturer's name, the date of manufacture, the name and type of substance, the lot and batch number, and other requirements have been standardized for packaging and labels.