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The Bureau of Indian Standards (BIS) and Quality Control Orders (QCOs) play a crucial role in maintaining product quality and safety in India. Compliance with BIS regulations is mandatory for both domestic and foreign manufacturers, with strict enforcement and penalties for violations.

Key Points:

  1. Bureau of Indian Standards (BIS):
  • BIS is India’s National Standards Body, established under the BIS Act, 2016.
  • It ensures consumer safety, public health, and environmental protection through stringent compliance norms.

2. Legal Framework of BIS and QCOs:

  • The BIS Act, 2016 governs quality standards.
  • Quality Control Orders (QCOs) are issued under Section 16 of the Act, making BIS certification mandatory for certain products before import, manufacture, or sale.

3. Quality Control Orders (QCOs) in India:

  • Ensures the safety, quality, and reliability of regulated products.
  • Covers sectors like electronics, chemicals, and steel.
  • Enforced through BIS in collaboration with customs and regulatory bodies.

4. Enforcement of BIS Regulations:

  • Surveillance, factory inspections, and market checks ensure compliance.
  • Customs authorities monitor imported goods for BIS certification.
  • Non-compliance can result in fines, license suspension, and criminal actions.

5. Violations and Penalties under BIS Act:

  • Manufacturing or selling non-compliant products can lead to fines up to INR 5 lakh and imprisonment.
  • Non-compliant products can be seized, recalled, or banned from the Indian market.
  • Foreign manufacturers and importers are equally liable.

6. Foreign Manufacturer Certification Scheme (FMCS):

  • FMCS allows foreign manufacturers to obtain BIS certification for exporting to India.
  • Requires strict quality assessment, including factory inspection and product testing.
  • The Indian importer cannot apply; only the foreign manufacturer can apply directly.

7. Key Takeaways of FMCS:

  • Application processing takes 6-8 months.
  • Compliance with BIS Conformity Assessment Regulations, 2018 is mandatory.
  • Essential for market access in regulated product categories.

8. Conclusion:

  • BIS and QCOs are crucial in standardizing product quality in India.
  • Compliance is mandatory for both domestic and foreign businesses.
  • Strict enforcement protects consumer safety and fair trade practices.
  • FMCS helps foreign manufacturers legally enter the Indian market.

In case you face any issues related to Indirect Tax-Customs, GST, Foreign Trade Policy (FTP), Arbitration matters and Central Licensing and related advisory matters in India then please feel free to get in touch with SJ EXIM Services.

We offer Legal advice and litigation support in matters related to Indirect Tax-Customs, FTP, other Indirect Tax matters & Arbitration law, all sorts of Central licensing and related matters. Come and explore the new way of doing business with us!

1. The views expressed are based on the interpretation of the relevant information/documents, applicable law, and government policy and there is no assurance that a court or tribunal or regulatory body or other governmental authority may not interpret it differently.
2.  We are not responsible for updating or revising this article on account of any change in law or interpretation thereof or a change in events or circumstances informed or occurring after the date of this article unless specifically requested for it.
3. Our advice should not be taken or used out of context or reproduced for any other purpose or transaction. Views expressed in this update are strictly personal, based on our understanding of the underlying law.
4. We are not responsible for any injury, loss or cost arising to any person who refers to this update and acts or refrains from any act accordingly. We would suggest that detailed legal advice must be sought before relying on this update.

NOTE: All Inquiries/Consulting/Advisory/Assignments are solicited via email only & it is a PAID Service only!


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