Alerts & Updates 22nd Oct 2024
Dear Reader,
We hope this email finds you well. We are writing to you with an important update regarding compulsory standard mark use requirements applicable to the manufacture and imports of Commercial Dispensing Appliances and Vending Machines in India.
| Background | The Government of India has recently notified a renewed Quality Control Order (“QCO”) for Commercial Dispensing Appliances and Vending Machines. This QCO replaces a previous QCO on said appliances issued in March 2024 (“March 2024 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 said products must be certified by the Bureau of Indian Standards (“BIS”).
The relevant order can be accessed here. |
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| Products concerned | The QCO would apply to products covered by the following Indian Standards:
There is no difference in the coverage of standards in the present QCO vis-à-vis March 2024 QCO. |
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| Timelines for Implementation | The QCO would come into force in a staggered manner for different types of enterprises:
While the March 2024 QCO envisioned implementation beginning on September 5, 2024 for enterprises (other than small and micro enterprises), the present QCO has the following timelines for implementation.
Notably, both the March 2024 QCO as well as the present QCO provide an additional time for implementation of (approximately) 9 months to small enterprises and 12 months to micro enterprises from the date of publication of the notification. |
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| Exemptions Provided | The present QCO exempts certain kinds of appliances/machines from its ambit, such as:
Notably, the March 2024 QCO did not provide for the abovementioned exemption regarding imports for R&D purposes. |
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| Next Steps |
Once the QCO comes into force, both domestic and foreign manufacturers of commercial dispensing appliances and vending machines 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 appliances/machines 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. |
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