India: Mandatory BIS Compliance For Toy Manufacturers & Importers (Toys Quality Control Order, 2020)

On 26^th February 2020, the Central Government published the 'The Toys (Quality Control) Order, 2020', (the 'Order') in exercise of the powers conferred under the Bureau of Indian Standards Act, 2016. The Order imposes a strict standard requirement on the regulation of toys and/or materials for use in play by children, or other products as notified by the Central Government. The Order has come into force on 1^st September, 2020.

Highlights:

Pursuant to this Order, the toy manufacturers and Importer are under mandatory obligation to comply with the Bureau of Indian Standards ('BIS'), to meet the safety standards, while manufacturing and or importing the toys. From 1^st September 2020, onwards it will be obligatory for the toy manufacturers/importers to obtain the BIS certification before selling the toys, in the Indian market. The manufacturers or importers will have to comply with thenorms meant for the safety of toys related to mechanical and physical properties etc. as mentioned in the Order, also, the toys shall bear the Standard Mark under a license, obtained from the Bureau, as per Scheme-I of Schedule-II of BIS (Conformity Assessment) Regulations, 2018.

Enforcement:

The Bureau i.e. BIS will act as the certifying and enforcement authority for the goods or articles (toys) cited in the Order. To ensure the compline with the Order, BIS official will physically inspect the factory location/manufacturing unit. In the case of import shipment, the goods or articles will be inspected (as samples) to ensure compliance with the quality/standard.

Applicability:

This Order is applicable to manufacturers manufacturing toys in India as well to the Imports who are importing toys from outside the country. This Order does not apply to goods or articles manufactured/meant for export purposes.

Effect:

From 1^st September 2020, no toy manufacturer/importer will be able to sell or import any toys or articles, as mentioned in the Order, without obtaining a certification from the BIS. The Bureau has initiated the process of granting licence/s to the manufacturers of toys for use of BIS Standard Mark as per Scheme I of Schedule II of the BIS (Conformity Assessment) Regulations, 2018.

Registration:

The domestic toy manufacturers and or foreign manufacturers who intend to apply for a BIS licence may follow the process of applying for a BIS licence under the certification scheme, which is available on the BIS website www.bis.gov.in.

For the purpose of BIS certification, toys have been classified into the following two categories:

The manufacturers at the time of applying for a licence, may choose one of the above applicable primary standards based on the type of toy for which licence is required. If licence is required for more than one type of toy, the manufacturer will have to make individual applications for each type. (As per the notice, the samples will be tested by BIS authorities for conformity to the primary standard and the secondary standards which are applicable i.e. IS 9873 parts 2,3,4,7, and 9 etc.)

The specification as per BIS concerning toys, as provided under the Order, is produced herein below:-

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.