Alerts & Updates 15th Apr 2024

BIS Update: Notification of certain exceptions for Mandatory Certification of Ortho Phosphoric Acid

Authors

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

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  • Dear Reader,

    We are writing to you with an important update regarding mandatory certification requirements applicable to imports of Ortho Phosphoric Acid into India.

    Background The Government of India has on April 13, 2024, notified certain exceptions for the existing Quality Control Order for Ortho Phosphoric Acid. The relevant order is available here.
    Products concerned The exception applies to certain imports of Ortho Phosphoric Acid.
    The order states that the mandatory certification requirements shall not apply to Ortho Phosphoric Acid “when used as raw material in production of fertilizers for a period of ninety days from the date of publication of this notification”.Accordingly, this exception is valid till July 12, 2024. For a master list of all products under mandatory BIS certification, please click here.
    Next Steps As per the notification, Ortho Phosphoric Acid that is used as raw material in the production of fertilizers, would be exempted from mandatory certification for a period of 90 days. After the expiry of the same, 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 products 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.

    For any queries or comments on this update, please feel free to contact us at insights@elp-in.com and for further details on BIS certification please contact tradewatch@elp-in.com

Disclaimer: The information contained in this document is intended for informational purposes only and does not constitute legal opinion or advice. This document is not intended to address the circumstances of any individual or corporate body. Readers should not act on the information provided herein without appropriate professional advice after a thorough examination of the facts and circumstances of a situation. There can be no assurance that the judicial/quasi-judicial authorities may not take a position contrary to the views mentioned herein.