India Regulatory News

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. 

In early April, the Department of Chemicals & Petrochemicals under the Ministry of Chemicals and Fertilizers, India chaired a meeting on implications of Poisons Act (1919) ...

In early April, the Department of Chemicals & Petrochemicals under the Ministry of Chemicals and Fertilizers, India chaired a meeting on implications of Poisons Act (1919) in chemical industry.  

One of the issues that brought up in this meeting is the handling of acids and poisons. Currently, the industries that are using a large amount of acid or poisons are under the supervision of local government based on the Poison Act (1919). The supervision has become a challenge when industries increased their use of acids for their end products. Accidents related to processing and storing also become an issue. Experts at the meeting suggest that handling of such chemicals is not sufficient under the current scheme of Poisons Act, and handling/processing of certain acids should even be restricted for industrial use.    

Representatives from the Indian Chemical Council suggest that chemicals of such should be regulated by Indian CMSR, the 5th draft published on August 24, 2020. The Indian CMSR is expected to come into force later this year.   

last update: 2021-04-20

  On January 11, 2021, a stakeholder consultation meeting was organized by Additional Secretary (Chem) to discuss BIS standards of 12 chemicals. Nine of the twelve standards under consider...

On January 11, 2021, a stakeholder consultation meeting was organized by Additional Secretary (Chem) to discuss BIS standards of 12 chemicals. Nine of the twelve standards under consideration are concluded to be made mandatory. The 12 BIS standards that are being considered are:

1. Carbon Black IS 17440:2020 (HS Code 2803 0000)
2. Calcined Alumina IS 17441:2020 (HS Code2818 2010)
3. Anhydrous Ammonia IS 662:2020 (HS Code 2814 1000)
4. 1,3 Phenylenediamine IS 17450:2020 (HS Code 29215120)
5. Pearlescent Pigment (HS Code 3206 1110) coated with Titanium dioxide more than 80%. The BIS standard of Titanium Dioxide is available under IS 411:2020 (HS Code 28230010)
6. Lauric Acid IS 10931:1984 (HS Code 29159090)
7. Acid Oil IS 12029:1986 (HS Code 38231900)
8. Palm Fatty Acids IS 12067:1987 (HS Code 38231900)
9. Rice Bran Fatty Acids IS 12068:1987 (HS Code 38231900)
10. Coconut Fatty Acids IS 12069:1987 (HS Code 38231900)
11. Rubber seed Fatty Acids IS 12124:1987 (HS Code 38231900)
12. Hydrogenated Rice Bran Fatty Acids IS 12361: 1988 (HS Code 38231900)

Summary of individual Standards is as follows:

Carbon Black: After consultation with industry members, Additional Secretary (Chem) required the industry representatives to clearly specify what amendments are needed to be made in BIS standards (IS 17440:2020). He also stressed that Industry should not make a general request that BIS standards have to directly adapt ASTM standards and it is for BIS to decide. A six-week timeline was given to the industry for the same.

Calcined Alumina: AS (Chem) advised opportunities to be provided to stakeholders who have given written comments to BIS for discussion in Technical committees irrespective of if they are members or not of the technical committee. It proposed to take a final position within a month to consider making standard as mandatory.

Anhydrous Ammonia: No inputs were provided by the fertilizer or refrigeration industry, its therefore concluded that discuss this item in the next meeting with representative from Fertilizer and Refrigeration industry.

1,3 Phenylenediamine: After deliberation, the committee decided to make BIS standard mandatory for 1,3 Phenylenediamine.

Titanium Dioxide: No representative from Paint association attended the meeting. AS(Chem) stated that Standard of Titanium dioxide should be made mandatory, keeping in view the human health and environment consideration, and considerable imports and production within India (Titanium dioxide, the main component of pearlescent pigment (higher than 80%)).

Pearlescent Pigment: No representative from Paint association attended the meeting. AS (Chem) directed that BIS can also explore standard for Pearlescent Pigment.

Fatty Acids: Lauric Acid, Acid Oil, Palm Fatty Acids, Rice Bran Fatty Acids, Coconut Fatty Acids, Rubber seed Fatty Acids, Hydrogenated Rice Bran Fatty Acids: The standards for these fatty acids, a chemical commonly used in manufacturing soaps and other similar industries, are old and have been reaffirmed by BIS. The committee has decided to make standards of the above-mentioned Fatty Acid as mandatory.

Source: Minutes of the Stakeholder Consultation Meeting, the Chairmanship of Additional Secretary (Chem), Department of Chemicals & Petrochemicals, India

Update: 2021-01-21

The Central Government of India in exercising its powers conferred by section 16 of the Bureau of Indian Standards (BIS) Act (2016) prepared the following amendments in the orders that were publis...

The Central Government of India in exercising its powers conferred by section 16 of the Bureau of Indian Standards (BIS) Act (2016) prepared the following amendments in the orders that were published by the Ministry of Chemicals and Fertilizers, Department of Chemicals and Petrochemicals:

1. Pyridine (Quality Control) Order, 2020
2. Gamma Picoline (Quality Control) Order, 2020
3. Beta Picoline (Quality Control) Order, 2020
4. Potassium Carbonate (Quality Control) Order, 2020
5. Sodium Tripolyphosphate (Quality Control) Order, 2020 and
6. Hydrogen Peroxide (Quality Control) Order, 2020

Due to Covid-19 disruptions, the Government of India has postponed the implementation date of these orders from 4th Dec. 2020 to 13th June 2021.