Alerts & Updates 6th Jun 2024

BIS Update: Compulsory use of Standard Mark for Bottled Water Dispensers

Authors

Sanjay Notani Partner | Mumbai
Naghm Ghei Principal Associate | Delhi NCR
Sarthak Yadav Associate | Delhi NCR

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  • Dear Reader,

    We are writing to you with an important update regarding compulsory standard mark use requirements applicable to the manufacture and imports of bottled water dispensers in India.

    Background The Government of India has recently notified a renewed Quality Control Order (QCO) for bottled water dispensers. This QCO replaces a previous QCO on bottled water dispensers issued in October, 2023 (October, 2023 QCO). As per the QCO, compliance with the mandatory use of the Indian Standard Mark, as listed in the QCO would be a pre-requisite for the sale of the covered products in India and the products must be certified by the Bureau of Indian Standards (BIS).

    The relevant order is available here.

    Products concerned The QCO would apply to products covered by the following Indian Standards:

    Indian Standard Title
    IS 17681: 2022 Bottled Water Dispensers

    There is no difference in the coverage of products in the present QCO vis-à-vis the October, 2023 QCO.

    For a master list of all products under mandatory BIS certification, please click here.

    Timelines for Implementation The QCO would come into force in a staggered manner for different types of enterprises:

    While the October 2023 QCO envisioned implementation beginning on April 25, 2024 for enterprises (other than small and micro enterprises), the present QCO has the following timelines for implementation.

    • For micro enterprises: January 1, 2025.
    • For small enterprises: October 1, 2024.
    • For all enterprises other than micro and small enterprises: July 1, 2024.

    While the October, 2023 QCO provided an additional time for implementation of 9 months to small enterprises and 12 months to micro enterprises, the present QCO provides an additional time of 3 months and 6 months to small and micro enterprises, respectively.

    Next Steps Once the QCO comes into force, both domestic and foreign manufacturers of bottled water dispensers will only be able sell these products in India while mandatorily using the prescribed Standard Mark under a valid license issued by the BIS.

    To obtain the necessary certification from the BIS, both foreign producers and domestic manufacturers of these bottled water dispensers would need to submit a formal application to the BIS. Furthermore, the process of certification will also require physical testing and inspection of the relevant product at the factory premises as well as parallel testing by a BIS authorized laboratory in India to verify the same. BIS certification is a time-consuming process and therefore it is recommended that interested producers make applications for certification at the earliest, in order to obtain certification by the date when the QCO comes into force.

    For any queries or comments on this update, please feel free to contact us at insights@elp-in.com.

    Disclaimer: The information provided in this update is intended for informational purposes only and does not constitute legal opinion or advice. Readers are requested to seek formal legal advice prior to acting upon any of the information provided herein. This update is not intended to address the circumstances of any particular individual or corporate body. There can be no assurance that the judicial/quasi-judicial authorities may not take a position contrary to the views mentioned herein.

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