India Regulatory News

On 16 October 2023 the Indian Ministry of Environment, Forest and Climate Change (MoEFCC) published a draft notification in the Gazette of India for rules on plastic waste management. The rules can be...

On 16 October 2023 the Indian Ministry of Environment, Forest and Climate Change (MoEFCC) published a draft notification in the Gazette of India for rules on plastic waste management. The rules can be referred to as the Plastic Waste Management (Second Amendment) Rules, 2023. The draft notification is open for comments for 60 days from the date of publication in the Gazette of India.  

According to the draft, the manufacturers and importers of plastic packaging, products with plastic packaging, carrier bags, multi-layer packaging, or plastic sheets should comply with the registration of the concerned State Pollution Control Boards (SPCB) or Pollution Control Committee. 

Plastic Packaging 

Plastic packaging means packaging material made from plastics for the protection, preservation, storage, and transport of products in a variety of ways and includes the following categories: 

The thickness requirement does not apply to carrier bags and commodities made from compostable plastic and biodegradable plastics. Carrier bags and commodities made from compostable plastics shall conform to the Indian Standard: IS/ISO 17088:2021 titled Specifications for Compostable Plastics, as amended from time to time. The manufacturers or sellers of compostable plastic and biodegradable plastic, carrier bags and/or commodities or both shall obtain a certificate from the Central Pollution Control Board before marketing or selling. 

Extended Producer Responsibility 

Producers, importers and brand owners, shall comply with the Extended Producer Responsibility (EPR) for plastic packaging of following criteria: 

• Compostable and biodegradable plastics 

• Multi-layered plastic sachets or pouches 

The EPR targets for minimum levels of recycling (excluding end-of-life disposal) of plastic packaging waste for each category are listed in the table below: 

                                             (% of Extended Producer Responsibility Target)

BIS Report 

In cases where the sample testing was started, before the laboratory was recognized/certified by BIS (Bureau of Indian Standards) or NABL (National Accreditation Board for Testing and Calibration Laboratories), and the report is complying with IS 17899 T:2022, the production sample should be sent to BIS for re-testing to verify the biodegradable properties.  

According to BIS regulations any plastic packaging should be  labelled as “compostable” or “recycled” or “biodegradable” (with a specific number of days for the product to degrade) in terms of its properties. 

Registration 

Any person engaged in the business of selling, manufacturing or producing raw materials or plastic products should apply for one- time registration on the CPCB web portal.  

The registration guidelines are mentioned on the official website of CPCB: https://cpcb.nic.in/registration-for-brand-owner/ 

Every local body shall be responsible for developing and setting up infrastructure for segregation, collection, storage, transportation, processing and disposal of plastic waste either by itself or by engaging agencies or producers by undertaking assessment of plastic waste generated in a year, including legacy plastic waste, by 30th June of the next financial year and taking necessary steps to prevent stocking, distribution, sale and use of banned single-use-plastic items within its jurisdiction. Also by assessing the plastic waste management infrastructure available for collection, segregation and processing and reporting it on the CPCB website. 

The report must include the following points:  

1. Plastic waste generated in a year, including legacy plastic waste. 

2. Plastic waste management infrastructure available for collection, segregation, and processing. 

3. Forecast of plastic waste to be generated. 

4. Status of development and implementation of byelaws. 

5. Measures taken to prevent the stocking, distribution, sale and use of prohibited single-use-plastic items. 

Every registered person should complete the annual report. The report can be filled by submitting details on the CBCP web portal. Below are the forms that can be submitted by the respective obligated entities: 

The full text of the draft Plastic Waste Management (Second Amendment) Rules, 2023 can be found here. 

On 12 October 2023 the Ministry of Environment, Forest and Climate Change (MoEFCC) officially promulgated the Green Credit Rules, 2023. The Rules were published in the Gazette of India and came into f...

On 12 October 2023 the Ministry of Environment, Forest and Climate Change (MoEFCC) officially promulgated the Green Credit Rules, 2023. The Rules were published in the Gazette of India and came into force on the same day.  The Green Credit Rules are being implemented to promote the Green Credit Program which aims to promote environmental preservation and sustainability through market-driven strate. 

LIFE campaign 

The Government of India has initiated the 'LiFE' (Lifestyle for Environment) - 'Environmentally Sustainable Development Policy' as a movement to promote environmental protection and sustainable lifestyles based on the traditions and values of conservation by motivating consumers and the public to adopt behavioural changes that promote environmentally friendly actions. 

The Green Credit Rules, 2023, may provide derive cost benefits to environmentalists who reduce such carbon emissions and to the green credit breeding industry. 

Green Credit programme 

Any person or entity may take any measure for the purpose of protecting, preserving or conserving the environment. The measures referred to may include the following activities, namely:  

1. Tree plantation 

2. Water management 

3. Sustainable agriculture 

4. Waste management 

5. Air pollution reduction 

6. Mangrove conservation and restoration 

7. Eco mark label development 

8. Sustainable building and infrastructure 

Green Credit Certification 

The process for obtaining Green Credits for the activities mentioned above is as follows: 

• A person or entity wishing to obtain green credit shall register the activity with the Administrator. 

• An application for registration shall be submitted to the Administrator electronically through a website established by the Central Government for this purpose. 

• The Administrator shall arrange for verification of the activity by a designated agency. 

• Upon successful verification the Administrator will issue a Green Credit Certificate to the applicant. 

Methodology 

The Administrator determines the formula for calculating green credits and the process for generating them. It is based on the equivalent use of resources, size, scope, and other relevant factors required to achieve the intended environmental result. The Administrator shall also specify the process for reviewing and verifying activities. 

Trading 

The Administrator will create and manage a trading platform where green credits can be bought and sold in order to facilitate trading. A Green Credit Registry has also been developed to track the issuance of Green Credits. 

The full text of the Green Credit Rules, 2023 can be found here. 

  On 20 October 2023, the Department of Chemicals and Petrochemicals (DCPC) published a notice in the Indian Gazette delaying the enforcement date for the Quality Control Orders (QCOs) for the 6...

On 20 October 2023, the Department of Chemicals and Petrochemicals (DCPC) published a notice in the Indian Gazette delaying the enforcement date for the Quality Control Orders (QCOs) for the 6 fatty acids listed in the table below.

The Quality Control Order is the regulation that requires concerned substances to carry the certification mark of the Bureau of Indian Standards (BIS).

The notice can be found here in Hindi and English.

For further information on BIS compliance, visit GPCgateway or contact GPC at compliance@gpcregulatory.com

On October 13, 2023, the Bureau of Indian Standards (BIS) opened a public consultation on a standard for plastic bottles and containers used for packaging natural mineral water and drinking water.  T...

On October 13, 2023, the Bureau of Indian Standards (BIS) opened a public consultation on a standard for plastic bottles and containers used for packaging natural mineral water and drinking water.  The last date for comments is December 12,2023. 

This standard specifies the raw material requirements, dimensional and performance requirements, and test methods for plastic containers used for packaging natural mineral water and packaged drinking water, excluding flexible pouches, polymeric layers inside metal cans, and paperboard-based packaging materials. 

Scope: 

This standard covers the specifications for the raw materials, dimensions, performance requirements, and test procedures applicable to plastic containers, such as bottles, jars, and cups, including their respective closures fabricated from materials like Polyethylene (PE), Polyethylene Terephthalate (PET), Polypropylene (PP), or Polycarbonate (PC). 

Materials for containers and lids: 

The standard requires that the plastic containers shall be made of the materials listed below which must conform to the relevant Indian Standards. 

• Polyethylene (PE) – IS 10146 

• Polyethylene Terephthalate (PET) – IS 12252 

• Polypropylene (PP) – IS 10910 

• Polycarbonate (PC) – IS 14971 

The container must have a lid made of one of the following materials: 

• Aluminium sheets coated with food grade lacquering on the inside. 

• Plastic such as High-Density Polyethylene (HDPE) or Polypropylene 

• A combination of plastic and metal  

Each container and lid must be marked with the name of the material (PET, PE, PP, or PC), as well as the batch and code number. In addition, it should be marked with its recycling symbol and recycled content as required by IS 14535. 

Polymer film used to coat aluminum foil must meet IS 8970:1991 and IS 10910:1994 criteria for safe usage in contact with food and drinking water.  

The guideline excludes biodegradable and compostable plastics, as well as flexible pouches used as water containers.  

Migration limits:

The standard establishes the following permitted limits for heavy metals in containers and lids. The limits are set by the Food Safety and Standards (Packaging) Regulations, 2018. 

Timeline: 

Last date for submitting comments is December 12, 2023. 

The Bureau of Indian Standards (BIS) is seeking feedback on a draft revision of the standard that restricts the amount of lead and cadmium in porcelain crockery that comes into contact with food and d...

The Bureau of Indian Standards (BIS) is seeking feedback on a draft revision of the standard that restricts the amount of lead and cadmium in porcelain crockery that comes into contact with food and drink till 10 November 2023. 

Background 

The standard for porcelain crockeryware (IS 3505) was first released in 1965 and has been amended several over the years. It was revised in 1979, 1994, and then a third time in 2002. In the third revision, the limits for lead and lead-dioxin release had been changed to be in line with the standards set by the International Organization for Standardization and Disarmament (ISO/DIS) for Ceramicware, Glass Ceramicware and Glass Dinnerware in Contact with Food-Release of Lead and Cadmium. Part 2 of the standard is called the 'Permissible Limit', which includes current regulations from major world bodies. It's designed to make sure there are no non-tariff barriers, and to protect people from any potential risks arising from the use of incorrectly manufactured or handled crockeryware that comes into contact with food and drink. 

Fourth revision of the porcelain standard 

The draft of the fourth revision of the standard specifies the standards and techniques for sampling and testing porcelain crockery. The draft lists the test techniques from IS 14179:1999 used to guarantee that products are resistant to detergents, citric acid, and hairline cracking of the surface glaze. As porcelain has a low thermal conductivity, the test methods used to assess possible migration of harmful elements differ from those used for ceramic items. 

The test method for lead and cadmium is specified in IS 9806:2001 and the release of these elements must not exceed the limit values given in the table below. 

The draft of the fourth revision also lays out provisions for marking and packing. It mandates that each article of porcelain crockeryware must be indelibly and legibly marked on its underside with the manufacturer’s name.  

In addition, each package of products must be marked with the following details: 

• Indication of the source of manufacturer 

• Description of the items 

• Quantity 

• Batch and lot number 

• Grade and type 

• Decoration quality number if any 

• Month and year of manufacture 

Further consultations 

The BIS also is consulting on revised standards for earthenware crockeryware (deadline 3 November 2023), fine (bone) china crockeryware (deadline 10 November 2023), and stoneware crockeryware (deadline 20 November 2023). 

On 21 September 2023, the Department for Promotion of Industry and Internal Trade (DPIIT) notified the draft of a new regulation called the Asbestos or Fiber Cement-Based Products (Quality Control) Re...

On 21 September 2023, the Department for Promotion of Industry and Internal Trade (DPIIT) notified the draft of a new regulation called the Asbestos or Fiber Cement-Based Products (Quality Control) Regulations 2023 to the World Trade Organization (WTO). The deadline for comments is 60 days from the date of notification. The draft of the Quality Control Order (QCO) can be found here.  

Asbestos 

Asbestos is a naturally occurring fibrous silicate mineral. It is an excellent thermal and electrical insulator and is highly fire resistant. Inhalation of asbestos fibres can lead to various dangerous lung conditions including asbestosis and lung cancer. 

Asbestos cement (fibre cement) products are made from a mixture of chrysotile fibres (9%), cement (about 40%), fly ash (about 30%), the rest wood pulp and water. 

Purpose 

The purpose of this regulation is to protect human health or safety and the environment, to prevent deceptive practices, to protect consumers and to enforce quality requirements.  

Conformity to the standard and compulsory use of the Standard Mark  

The purpose of this QCO is to ensure that asbestos and fibre-cement based products conform to the Indian standard relevant for the specific product (see table below) and bear the standard mark under license from the Bureau of Indian Standards (BIS) as per Scheme I of Schedule II of the Bureau of Indian Standards (Conformity Assessment) Regulations 2018. The use of the standard mark is governed by the Bureau of Indian Standards Act, 2016 and the rules and regulations made thereunder. The Bureau of Indian Standards is the certifying and enforcing authority for the goods or articles specified in the table. 

Timeline 

This regulation shall come into force six months after the date of publication of this notice in the Federal Register. 

Penalty 

Any person who contravenes any of the provisions of the QCO for asbestos is punishable under the provisions of the Bureau of Indian Standards Act, 2016. 

In order to control the presence of heavy metals in specific cosmetics, the Bureau of Indian Standards (BIS) has opened the comments area for three Draft Indian Standards for face wash, shower gel, an...

In order to control the presence of heavy metals in specific cosmetics, the Bureau of Indian Standards (BIS) has opened the comments area for three Draft Indian Standards for face wash, shower gel, and face/body scrub. The comment sections will be accessible until October 28, 2023.

Contents of the draft Standard

The draft Standard contains the methods for the determination of pH, heavy metals with their restricted amount in cosmetics, and sampling methods for cosmetics. The draft also elaborates on the packing and marking requirement for cosmetic products as per the Bureau of Indian Standards Act, 2016.

The proposed limits for lead, arsenic, and mercury in surfactant-based and soap-based face wash, shower gel, and face/body scrub are as follows:

A limitation on the total microbiological count for products as defined by Indian Standard (IS) 14648 is also included in the proposal. According to the current Indian Standard (IS) 4011, safety assessments would be necessary for any newly developed or unusual ingredients used in the production of the products.

According to the requirements, substances used to make body gel and face wash should adhere to the list of chemicals that are generally recognized as safe (GRAS) as per Indian Standard (IS) 4707 and be subject to limitations under the Drugs and Cosmetics Act 1940.

BIS certification marking

The Bureau of Indian Standards Act, 2016, and the Rules and Regulations established thereunder allow conformity assessment methods, the application of the Standard Mark on the product(s), and certification of the product(s) complying with the requirements of this standard.

Packing and marking

According to the draft Standard, the products should be packed in suitable well-closed containers and marked with the following information:

• Name of the material

• Manufacturer’s name and its recognized trade-mark, if any

• Net content

• Batch number

• Use before or expiry date as per statutory requirements

• List of ingredients, as per statutory requirements

• Any other information required by statutory authorities