India Regulatory News

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.

The Ministry of Environment, Forest and Climate Change (MoEFCC) and the Central Pollution Control Board (CPCB) have developed an integrated guidance framework for chemical safety in isolated storage a...

The Ministry of Environment, Forest and Climate Change (MoEFCC) and the Central Pollution Control Board (CPCB) have developed an integrated guidance framework for chemical safety in isolated storage and industries subject to the Manufacture, Storage, and Import of Hazardous Chemicals Rules, 1989 (MSIHC Rules).This is in accordance with the National Environmental Court Order dated June 11, 2021.

This framework covers chemical accident scenarios such as hazardous chemical spills/leaks, fires, explosions, or other accidents resulting from hazardous chemical handling, and it provides guidance to industrial units for conducting safety audits in accordance with the Indian Standard IS14489: 2018 Code of Practice on Occupational Safety and Health Audit.

Furthermore, in 1948, India enacted the Factories Act to ensure the occupational safety, health, and welfare of workers in factories registered under the Act. The Control of Industrial Major Accident Hazards (CIMAH) Rules, established under Section 41B of the Factories Act, prescribe "Safety Reports" and "Safety Audit Reports" for facilities where serious accidents are a possibility. The MSIHC and CIMAH rules are enforced by the government of each state or union territory's Chief Inspector of Factories (CIF) or Directorate of Industrial Safety and Health (DISH). The government of the state or union territory has control over the details of companies that fail safety audits and the actions taken against such companies.

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.

On the 13th of May 2022, the Central Government of India extended the enforcement date for three substances under the Quality Control Order (QCO). The Quality Control Order is the regulation that ...

On the 13^th of May 2022, the Central Government of India extended the enforcement date for three substances under the Quality Control Order (QCO).

The Quality Control Order is the regulation that requires concerned substances/chemicals to carry the Bureau of Indian Standards (BIS) certification mark. This mark certifies the substance/product’s quality and safety to the end-users and environment.

For this new extension, the concerned chemicals and their new dates are Methylene Chloride (November 20, 2022), Ortho Phosphoric Acid (December 10, 2022) and Polyphosphoric Acid (December 22, 2022). The delays, according to the DCPC, are due to a backlog of outstanding QCOs caused by COVID-related staff shortages and travel limitations, which have resulted in delays in inspections, sampling, testing, and certification of substances and goods. 

There are about 52 chemicals in total, under the BIS mandatory certification scheme. 

Recently, the Bureau of Indian Standards (BIS) published several updates for BIS standards. The updates address the following:   Grant of All India First License for “Plastic-Acrylonitrile...

Recently, the Bureau of Indian Standards (BIS) published several updates for BIS standards. The updates address the following:

1. Grant of All India First License for “Plastic-Acrylonitrile-Butadiene styrene (ABS) Moulding and Extrusion Materials Part 1 Designation System and Basis for Specifications” as per IS 17077 (Part 1):2019;
2. Grant of All India First License for “Linear Alkyl Benzene” as per IS 12795:2020;
3. Grant of All India First License for “White Cement Based Polymeric Putty” as per IS 17545:2021;
4. Calcined Alumina - Specification IS 17441 Part 1 Non-Metallurgical Grade, Indian standard is available for public comment now.

These grants, which are released by BIS when the first BIS registration certificate is released for any standard, indicate that there will be no extension for the implementation date against that standard. It does serve as a wake-up call to the industry to get their BIS registration certificate as soon as possible for compliance with the standards. As for International audits for the mandatory certificate products in similar lines,  there has been no official statement released by BIS up to date.

Penalties for cases where the products fail to be certified prior to the deadline under the mandatory scheme are not pre-defined. If any non-compliance act is found by BIS in their raids, the penalties charged from the culprit might likely serve as punishment, which is usually defined on the degree of non-compliance and the volume of products seized.

To date, a total of 39752 BIS registration certificates have been released to Indian manufacturers and for foreign manufacturers, 1018 BIS registration certificates have been released. Another Indian standard, Calcined Alumina - Specification IS 17441 Part 1 Non-Metallurgical Grade, is now available for public comment.

In total, 52 chemicals are currently under BIS mandatory certification scheme.