Alerts & Updates 6th Apr 2022

BIS Update: Extension of Mandatory Certification for Additional Chemical Products

Authors

Sanjay Notani Partner | Mumbai
Naghm Ghei Principal Associate | Delhi NCR
Mitul Kaushal Consultant | Delhi NCR

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  • This is an update regarding mandatory registration requirements applicable to imports of certain Chemicals into India.

    Background The Government of India has on 5th April 2022 extended the date of enforcement of existing Quality Control Orders for several chemical products. Producers of these products will now have additional time to obtain BIS certification of their products. The relevant Orders are available here.
    Products concerned The date of entry into force of existing Quality Control Orders for the following chemicals has been extended:

    Product Date of Entry into force
    Acrylonitrile 24th October 2022
    Maleic Anhydride 24th October 2022
    Styrene (Vinyl Benzene) 24th October 2022
    Low Density Polyethylene (LDPE)

    Linear Low-Density Polyethylene (LLDPE)

    High Density Polyethylene (HDPE)

    rd  October 2022
    Ethylene Vinyl Acetate Copolymers rd  October 2022
    Linear Alkyl Benzene rd  October 2022
    Polyester Continuous Filament Fully Drawn Yarn(FDY) rd  October 2022
    Polyester Partially Oriented Yarn (POY) rd  October 2022
    Polyester Staple Fibres (PSF) rd  October 2022
    Polyester Industrial Yarn(IDY) rd  October 2022
    100 Percent Polyester Spun Grey and White Yarn rd  October 2022
    Synthetic Micro-Fibres for use in Cement Based Matrix rd  October 2022

     For an updated list of chemical products under mandatory BIS certification, please click here.

    For an updated list of steel & iron products under mandatory BIS certification, please Click Here

    Next Steps As per the notifications, producers of these chemicals will now have additional time to secure BIS certification before these Orders come into force. Once these Orders come into force, both domestic and foreign manufacturers of these products will only be able to export/sell in India with a valid BIS license in place.

    To obtain such license, both foreign producers and domestic manufacturers of these products would need to submit an application to the BIS seeking certification. Furthermore, the process of certification will also require physical testing and inspection of the relevant chemicals at the factory premises as well as parallel testing by a BIS authorised 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 cases wherein Quality Control Orders have been issued and are pending enforcement.

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.