India Regulatory News

Single-use plastics are plastic goods that are used once and then discarded. One of the largest percentages of plastic produced and used is single-use plastic, which includes food packaging, polythene...

Single-use plastics are plastic goods that are used once and then discarded. One of the largest percentages of plastic produced and used is single-use plastic, which includes food packaging, polythene bags, face masks, coffee cups, cling film, garbage bags, and bottles of shampoo, soap, and cosmetics.

Earbuds, balloon sticks, candy and ice cream sticks, cutlery items like plates, cups, glasses, forks, spoons, knives, and trays, sweet boxes, invitation cards, cigarette packs, PVC banners measuring under 100 microns, and polystyrene for decoration are among the things the Central Pollution Control Board (CPCB) has declared illegal.

In September 2021, the Ministry already prohibited polythene bags smaller than 75 microns; the previous maximum was 50 microns. From December 2022, polythene bags smaller than 120 microns will also be prohibited. According to the ministry representatives, the prohibition is being implemented gradually to give producers time to switch to thicker, easier-to-recycle polythene bags. For bags that are 50 and 75 microns, manufacturers can utilise the same machine; however, for bags that are 120 microns, the equipment will need to be modified.

The State Pollution Control Boards (SPCBs), which will submit regular reports to the Center, as well as the CPCB from the Center will monitor the ban. At the national, state, and local levels, instructions have been given to all petrochemical companies, for instance, not to supply raw materials to businesses that manufacture the prohibited goods.

Additionally, instructions have been given to SPCBs and Pollution Control Committees on how to change or cancel the permission to operate granted under the Air/Water Act to businesses that manufacture single-use plastic items. Local governments have been ordered to provide new commercial licences with the requirement that SUP items will not be sold on their premises and that any permits already in place would be revoked if it is discovered that they are doing so.

According to the Environment Protection Act of 1986, anyone found in violation of the ban faces a punishment of up to 5 years in prison, a fine of up to Rs. 1 lakh, or both.

The SPCB may also require violators to pay environmental damage compensation. Municipalities also have their own plastic trash regulations and criminal codes.

Page Industries, an Indian textiles firm, has established a restricted substances list (RSL) as part of its chemical management strategy, which will be enforced by enterprises throughout its supply ch...

Page Industries, an Indian textiles firm, has established a restricted substances list (RSL) as part of its chemical management strategy, which will be enforced by enterprises throughout its supply chain.

According to the corporation, it was published in May and will go into effect in January of the following year. Throughout the fiscal years (FY) 2022, 2023, and 2024, the RSL will be rolled out and monitored along the supply chain in three phases.

The company did not disclose any additional information on this, but it did state that by March 31, 2025, it hopes to have eradicated all items on the RSL from its supply chain.

It stated that hazardous dyes have already been replaced in its in-house manufacturing, and that it plans to phase out per- and polyfluoroalkyl substances (PFASs) from the supply chain by 2024. It also intends to phase out bisphenols and alkylphenol ethoxylates (APEOs), although no deadline has been set.

Implementing the RSL

The Zero Discharge of Hazardous Chemicals Manufacturing RSL (ZDHC MRSL) was utilised as a starting point for the RSL Page Industries' own list. This was developed by the Roadmap to Zero Programme, a non-profit organisation, and it covers chemicals that are prohibited from being used at facilities that process textiles and footwear rather than products.

The RSL implementation process is built on assuring the right approach at every stage by using ZDHC MRSL compliant inputs and implementing the best chemical management practises to ensure that the chemicals are selected, stored, transported, and used appropriately.

Page Industries has hired BluWin, a service provider, to oversee the RSL's implementation. Through capability building, due diligence testing, audits, and other methods, the company, which promotes sustainability, will verify all supply chains for RSL chemicals.

India holds a public consultation on a draft standard for carbon tetrachloride, which is widely used as a solvent and diluent. The deadline is June 28. The chemical is also used to make chlorofluor...

India holds a public consultation on a draft standard for carbon tetrachloride, which is widely used as a solvent and diluent. The deadline is June 28.

The chemical is also used to make chlorofluoromethane refrigerants, as well as grain fumigants, fire extinguishing mixtures, and moth control.

If approved, this would be the third version of Indian Standard (IS) 718, which was published by the Bureau of Indian Standards (BIS) in April. The draft lays forth the requirements, sampling techniques, and testing procedures for carbon tetrachloride. Because carbon disulphide (CS₂) is no longer utilised, it has been removed from the requirements.

Given the BIS's findings that carbon tetrachloride is one of the most hazardous solvents, all handling must adhere to a variety of different Indian regulations, including IS 5311:1969, the substance's code of safety.

The proposed standard says that it must be chlorine-free, and it must be used in accordance with the following guidelines:

• Maximum non-volatile matter content of 0.002 percent by mass.
• maximum moisture content of 0.01 percent by mass and
• maximum methyl chloride, methylene chloride, and chloroform content of 0.025 percent by mass – used alone or in combination.

It also advises against storing in plain steel or cast-iron drums, preferring galvanised or epoxy-lined mild steel containers or high-density polyethylene (HDPE) drums. The following information must be written on these:

• name of the material.
• name of the producer and, if applicable, its recognised trademark.
• month and year of manufacture.
• lot or batch number.
• net weight and
• any additional legal requirements

If the draft is accepted, products that meet the requirements will be certified by the BIS and labelled with the conformity mark.

On May 20, 2022, the Indian Ministry of Environment, Forest, and Climate Change released a new regulation draft that will replace the current E-Waste (Management) Rules, 2016. In addition to informati...

On May 20, 2022, the Indian Ministry of Environment, Forest, and Climate Change released a new regulation draft that will replace the current E-Waste (Management) Rules, 2016. In addition to information technology and telecommunications equipment and consumer electrical equipment, the target goods now include large and small electrical equipment, electrical tools, and medical equipment. Furthermore, the collecting goal (recycling target), which is one of the producers' responsibilities, will be partially offset by the purchase of EPR certificates, and environmental penalties will be imposed if the standards are not met. For FY2024  onwards, the recycling target has been set at 80%, and EPR certificate transactions and yearly report submissions are implemented and maintained through an online portal supplied by the Central Pollution Control Board (CPCB). Note that the Producer Responsibility Organization (PRO) provisions have been removed. The plan is open for public comment for 60 days, and no implementation date has been set.

Target products 

• Information technology and telecommunication equipment [Item code: ITEW 1 to 25]
• Consumer Electrical and Electronics and Photovoltaic Panels [Item code: CEEW1-18]: Screens, monitors, video cameras, video recorders, audio amplifiers, solar panels, etc.
• Large and Small Electrical and Electronic Equipment [Item code: LSEEW 1-29]: Large cooling appliances, freezers, clothes dryers, dishwashers, electric cookers, electric stoves, electric hot plates, electric fans, vacuum cleaners, irons, smoke detectors, thermostats, etc.
• Electrical and Electronic Tools (With the exception of large- Scale Stationary Industrial Tools) [Item code: EETW 1-8]: Drills, saws, sewing machines, tools for mowing or other gardening activities, tools for welding, soldering, or similar use, etc.
• Toys, Leisure, and Sports Equipment [Item code: EETW 9-14]: Hand-held video games consoles, video games, sports equipment with electric or electronic components, Computers for biking, diving, running, rowing, etc.
• Medical Devices (except for all implanted and infected products) [Item code: MDW 1-10]: Radiotherapy equipment, cardiology equipment, dialysis equipment, pulmonary ventilators, laboratory equipment for in vitro diagnosis, analysers, MRI & ultrasound equipment, etc.

EPR certificate transactions (Article 20): A producer can buy EPR certificates up to the amount of their current year's EPR responsibility plus any residual liability from previous years plus 10% of the current year's liability. The webpage will provide information on the EPR certificate's availability, requirements, and other data. At the time of filing quarterly returns, all transactions must be recorded and filed on the internet portal by the producers/recyclers.

Environmental Compensation (Article 28):

Environmental compensation must be paid if the regulations are broken. Payment of environmental compensation does not relieve producers of their EPR obligations under these rules. The unpaid EPR obligation for a given year will be carried forward to the following year, and so on, for a maximum of three years. If the EPR duty gap is resolved within one year, 85 percent of the imposed environmental compensation will be refunded to the producers. If the EPR obligation shortfall is addressed after two years, 60 percent of the environment compensation levied will be returned; if the shortfall is addressed after three years, 30 percent of the environment compensation levied will be returned; and if the shortfall is addressed after four years, no environmental compensation will be returned to producer. The CPCB will draft standards for environmental compensation separately.

Recycling targets (Schedules III and III (A)):

Schedule III:

Note: The importers of used electrical and electronic equipment will have 100% EPR obligation for the imported material after end of life, if not re-exported.

Schedule III (A): Extended Producer Responsibility targets for producers, who have started sales operations recently, i.e., number of years of sales operations is less than average life of their products mentioned in the guidelines issued by Central Pollution Control Board from time to time.

A draft standard was issued by the Bureau of Indian Standards (BIS) on May 6, 2022, for tooth whitening and bleaching products. The authorities invite comments till July 5, 2022.  The standard pr...

A draft standard was issued by the Bureau of Indian Standards (BIS) on May 6, 2022, for tooth whitening and bleaching products. The authorities invite comments till July 5, 2022. 

The standard prescribes requirements and test methods for external tooth whitening and bleaching products, especially for direct, professional use on the outer surfaces of the teeth. Under the regulation of this draft, caution marks are required on the packaging of tooth bleaching products applicable not to be used on a person under the age of 18 and to be sold only to dental practitioners.

For other requirements, please refer to the table below.

India has launched a consultation to update standards for titanium (rutile grade) and barium sulphate pigments, both of which are used in paints and varnishes. The draft amended standards, which were ...

India has launched a consultation to update standards for titanium (rutile grade) and barium sulphate pigments, both of which are used in paints and varnishes. The draft amended standards, which were published on April 27 by the Bureau of Indian Standards (BIS), establish comment dates of:

• Barium sulphate is due on June 30th, and
• Titanium (rutile grade) is due on July 5th.

Both chemicals should have no more than 90ppm lead or lead compounds, according to the draft. Also, separately or in combination, limiting the following substances in them to a maximum of 0.1 percent by weight:

• mercury,
• mercury compounds,
• cadmium,
• arsenic,
• chromium VI,
• antimony, and
• their oxides

For barytes (naturally occurring barium sulphate) and blanc fixe pigments, the draft offers requirements as well as sampling and testing techniques (the precipitated barium sulphate). The substance is designed to be used as a paint extender. The substance, according to the draft, is:

• Type 1 (naturally occurring) or
• Type 2 (precipitated form) classification; and
• Lead or lead compound content, which was determined using the relevant Indian standard.

The titanium dioxide (rutile grade) draft establishes sampling and testing standards for rutile titanium dioxide, which is used as a pigment in the paint industry. It also suggests that:

• graded content is categorised as R1, R2, or R3; and
• in the form of a powder

Both drafts recommend that packaging be marked or labelled with the following information:

• The substance's name, maker, and trademark, if applicable,
• The month and year of manufacture; the substance's net mass,
• The batch and lot number,
• The maximum lead content,
• The toxic heavy metals content, and
• Any cautionary notes.

If the draft is approved, BIS will certify products that meet their requirements and place a conformity mark on the packaging.

On the 27th of April 2022, India published a Quality Control Order (QCO) for a national standard encompassing the intermediate 1, 3 phenylenediamine. Manufacturers and importers of the substance must ...

On the 27^th of April 2022, India published a Quality Control Order (QCO) for a national standard encompassing the intermediate 1, 3 phenylenediamine. Manufacturers and importers of the substance must guarantee that it meets the standards given in Indian Standard (IS) 17450:2020 as of October 25. The QCO was published in the country's Official Gazette by the Department of Chemicals and Petrochemicals (DCPC).

The compound is primarily employed as an intermediary in the production of dyes, notably permanent hair dyes, and as a polymer additive. Depending on the amount of exposure, it might induce skin sensitivities, disorientation, liver and kidney damage.

Manufacturers, traders, and importers will be required to comply with the standards set out in the applicable standard by the Bureau of Indian Standards (BIS).

This includes limiting the usage of certain 1, 3 phenylenediamine compounds, such as:

• Maximum use of arsenic is 2ppm, and
• Mercury is 1ppm.

The standard also limits the amount of mercury in 1, 3 phenylenediamine used in permanent black hair colours to no more than 4% by mass, and no more than 3% by mass in brown and other coloured hair dyes. The BIS Act of 2016 will penalise anyone who violate the QCO's provisions.