India Regulatory News

On the 17th of September 2021, India overturned its ban of recycled plastic in 2018, now allowing the use of recycled plastic in Food Contact Materials (FCMs). The exception to the new rule is that it...

On the 17th of September 2021, India overturned its ban of recycled plastic in 2018, now allowing the use of recycled plastic in Food Contact Materials (FCMs). The exception to the new rule is that it doesn’t include chemical migration limits, that is, manufacturers can also recycle plastics containing harmful substances and use them for food packages.

The amendment, which came into effect six days after, states that recycled plastics may be used for storing, dispensing, and packaging ready-to-eat foods and drinks if it meets FSSAI appropriate standards and regulations.

The document by FDA makes it clear that it is a current thinking on the topic and so, should not be legally enforced but viewed as recommendations. It also states that recyclers of plastics intended for food packaging should submit process information to the FDA for evaluation and comment, though not legally binding.

A draft notice has also been published by FSSAI to set specific migration limits for the use of three substances in all FCMs. This is inclusive of plastics used for drinking water packages. The substances and migration limits include:

• antimony – 0.04 milligrams per kilogram (mg/kg);
• phthalic acid – 1.5mg/kg; and
• bis(2-ethylhexyl) phthalate – 1.5mg/kg.

For this period, objections, suggestions, and feedback can be submitted. The authority declared it will consider the proposed amendment to be effective 60 days from its publication in the country’s Official Gazette.

Last Update: 2021-10-21

In April 2021, the Ministry of Chemicals and Fertilizers, Department of Chemicals and Petrochemicals, India, published several orders regarding BIS certification of 13 chemicals (see Table below). ...

In April 2021, the Ministry of Chemicals and Fertilizers, Department of Chemicals and Petrochemicals, India, published several orders regarding BIS certification of 13 chemicals (see Table below).

These chemicals are added to the BIS Mandatory Certification list, indicating that manufacturers or importers who place these chemicals in the Indian market would need to comply with BIS and receive a BIS registration certificate before the activity. This requirement applies to both Indian and foreign manufacturers. The order comes into force after 180 days of its publication in the Official Gazette. To take 100 percent Polyester Spun Grey and White Yarn (PSY) as an example, manufacturers or importers would need to comply with BIS after October 13, 2021 (including this date), if they intend to continue using PSY in India.

Indian Government is proposing to bring out a ‘Reference Document for Carriage of Dangerous Goods by Road’. These Dangerous Goods (DG) refer to substances that pose risks to health, sa...

Indian Government is proposing to bring out a ‘Reference Document for Carriage of Dangerous Goods by Road’. These Dangerous Goods (DG) refer to substances that pose risks to health, safety, property, and the environment when transported.  

The main factors contributing to this action include: 

- Misdeclarations

- Incorrect or inadequate packaging

- Incorrect stowage

- Misrepresentations

- Mishandling and negligence

This is aimed at helping the industry, transporters and other users proactively take measures for safe and efficient transportation of hazardous goods. 

In April 2021, the Ministry of Chemicals and Fertilizers, Department of Chemicals and Petrochemicals, India, published several orders regarding BIS certification of 13 chemicals (see Table below)....

In April 2021, the Ministry of Chemicals and Fertilizers, Department of Chemicals and Petrochemicals, India, published several orders regarding BIS certification of 13 chemicals (see Table below).

These chemicals are added to the BIS Mandatory Certification list, indicating that manufacturers or importers who place these chemicals in the Indian market would need to comply with BIS and receive a BIS registration certificate before the activity. This requirement applies to both Indian and foreign manufacturers. The order comes into force after 180 days of its publication in the Official Gazette. To take 100 percent Polyester Spun Grey and White Yarn (PSY) as an example, manufacturers or importers would need to comply with BIS after October 13, 2021 (including this date), if they intend to continue using PSY in India. 

Last update: 2021-07-19

In August 2020, the 5th draft of the Chemicals Management & Safety Rules (CMS Rules) was published by the Government of India. These draft rules are based on the EU REACH legislation and the e...

In August 2020, the 5th draft of the Chemicals Management & Safety Rules (CMS Rules) was published by the Government of India. These draft rules are based on the EU REACH legislation and the existing Manufacture, Storage and Import of Hazardous Chemical Rules (MSIHC) 1989 and THE CHEMICAL ACCIDENTS (EMERGENCY PLANNING, PREPAREDNESS, AND RESPONSE) RULES, 1996. This new draft is progressively forward-looking and lays optimum emphasis on data. “No Data, No Market.”

In a paper recently published by the Indian government on Circular Economy in Toxic and Hazardous Industrial Waste, CMSR was mentioned as one of the main focuses to enhance India’s chemical management. The report acknowledges the need to implement the CMS Rules and also highlights that India is one of the large chemical economies that is not a signatory to the UN’s GHS (Global Harmonized System of Classification and Labelling of Chemicals). These draft rules envision that change by incorporating GHS in the final draft due later this year (2021).

It also considers that minimizing hazardous waste will regulate and limit the toxic chemicals entering the economic cycle. This emphasises the need for a regulatory framework that promotes and facilitates the circular economy (CE) with compliance and competitiveness of the industry as the core. Lifecycle management of chemicals, extended producer’s responsibility, and precautionary principles are emphasised as necessary tools to address the issue of Hazardous waste and toxic chemicals and also, for the development of an appropriate regulatory framework.

In May 2021, India also published a policy paper on the circular economy in the electronics and electrical sector. These actions show that the government is actively taking steps to change from a linear to a circular economy. As intended, a circular economy path in Toxic and Hazardous Industrial Waste and other vital sectors will bring massive reduction of pollution and congestion. This will also lead to resource efficiency, reduces operating cost, builds competitiveness and self-reliance and most importantly, CE is less damaging to the environment.

In view of the above information, specifically regarding India and the new CMS rules, it becomes imperative that it is necessary to define what circularity and recycling mean in order to recommend an appropriate action plan for implementing a circular economy in toxic and hazardous industrial waste.

Date: 2021-07-06

On 27th May 2021, three new Quality Control Orders (QCOs) were published in the Gazette of India, namely:   The 3 (N, N Di-Ethyl) Aminophenol ...

On 27th May 2021, three new Quality Control Orders (QCOs) were published in the Gazette of India, namely:  

• The 3 (N, N Di-Ethyl) Aminophenol (Quality Control) Order, 2021 

• The Methylene Chloride (Dichloromethane) (Quality Control) Order, 2021 

• The Red Phosphorus (Quality Control) Order, 2021 

According to the three QCOs, goods and article containing 3 (N, N Di-Ethyl) Aminophenol, Methylene Chloride (Dichloromethane), and Red Phosphorus must conform to the relevant Indian Standards as shown in the table below. They must also bear the Standard Mark under a license from the Bureau of Indian Standards (BIS) as per Scheme-I of Schedule-II of the BIS (Conformity Assessment) Regulations, 2018.  

The three QCOs will come into force on the one hundred and eighty-first day following their publication in the Gazette of India, that is, somewhere around November 28th, 2021.  

Moreover, an amendment to the Morpholine (Quality Control) Order, 2020 was also published in the Gazette of India. The amendment postpones the entry into force of the Morpholine (Quality Control) Order to February 1st, 2022. 

Last update: 2021-05-31

India’s Ministry of Electronics and Information Technology (MeitY) published a draft policy paper Circular Economy in Electronics and Electrical Sector in May 2021. India is t...

India’s Ministry of Electronics and Information Technology (MeitY) published a draft policy paper Circular Economy in Electronics and Electrical Sector in May 2021. India is the third-largest consumer of raw materials produced globally. The electronics and electrical sector consumes various rare earth elements like iron, copper, silver, gold, aluminum, manganese, chromium, and zinc. With the current economic trends, the estimated material to be consumed is nearly 15 billion tonnes by 2030. This policy paper presents India’s ambition to preserve and enhance natural capital, to ensure products’ longer use-life, and to tackle challenges of products’ end of life (e-waste).  

This 48-pages policy paper draws upon existing regulations and policies that can be used as tools to facilitate a smooth transition to the circular economy. It also provides a roadmap for strategies that can be approached across products’ life cycle including raw material acquisition, product design, consumption, collection system, dismantling/recycling, and secondary material usage. This paper also indicates that the committee plans to draft the action plan with key measures across the value chain. On the national level, a National Circular Economy Council (NCEC), a multi ministry-level agency, is proposed to be in charge for promoting the circular economy in India. As a part of this Council, a roundtable with different stakeholders as well as industrial representatives will be invited. 

In a report published by the Ellen Macarthur Foundation in 2016, a circular economy development path in India could create an annual value of ₹14 lakh crore (US$ 218 billion) in 2030 and ₹40 lakh crore (US$ 624 billion) in 2050 compared with the current development scenario. By adopting circular economy approaches, businesses could achieve material cost savings and increase their profits, and could significantly mitigate negative environmental externalities. The foundation selected cities and construction, food and agriculture and mobility and vehicle manufacturing to analyze circular economy opportunities. 

In July 2020, at the EU-India summit, a joint declaration on India-EU Resource Efficiency and Circular Economy Partnership was published. The Partnership should support and strengthen cooperation between India and the EU on resource efficiency and circular economy in areas including building and construction, food, garment and textiles, the mobility sector, the Information, and Communication Technology (ICT) sector, renewable energy, circular business and service models, sustainable public procurement and waste management. 

The draft policy paper is available for public comments and suggestions latest by 31 May 2021.