REGULATORY COMPLIANCE BULLETIN (Newsletter

Table of Contents

Bureau of Indian Standards- CRS

DGFT amended Foreign Trade Policy 2023 for importing electronics and IT goods

To impose stricter rules on importing electronics and IT goods, DGFT has issued a notification dated May 20, 2024, which amended the Foreign Trade Policy (FTP) 2023 and Schedule-I of the ITC (HS) 2022 with immediate effect. Here are the details of the changes:

Mandatory Product Safety Registration: All electronics and IT goods (new as well as second-hand, refurbished, repaired, or reconditioned and notified under Compulsory Registration Order 2021 and meeting the labelling guidelines of BIS) imported into India against a “restricted import authorization” from DGFT and import of unregistered or non-compliment goods will be “prohibited.”
Exemption: Certain consignments may be exempted with a letter from the Ministry of Electronics and Information Technology (MeitY).
Consequences of non-compliance: Goods that are not registered or do not meet the standards will be banned from import. These items must be re-exported or will be destroyed by customs.
Randomized Testing for LED Products: As notified by BIS, LED products and DC or AC-supplied control gears for LED modules, will undergo random sample testing at BIS-approved labs as per applicable IS standards. Only compliant products will be cleared or approved, while failed ones will be returned or destroyed at the importer’s expense.

MeitY Assigns Market Surveillance to STPI

The Ministry of Electronics and Information Technology (MeitY) has handed over market surveillance duties to the Software Technology Parks of India (STPI). This move aims to ensure the effective market surveillance of products under the Compulsory Registration Order 2021.

Market Surveillance Procedure:

STPI will collect the samples from the market for surveillance and send them directly to the Designated Test Lab (DTL), {i.e., the BIS-recognized lab assigned by MeitY for testing against the registration number under surveillance}.
STPI will send informatory emails to the manufacturers (registered email ID) directly regarding the surveillance, which include: registration number details, payment information, testing lab details, and STPI portal details.
STPI will collect payment from the concerned manufacturer or authorized Indian representative (AIR) for surveillance (sample cost, testing charges, and handling and transportation charges). The manufacturer or AIR must complete the payment process within 15 working days from the date of the demand.
The manufacturer or AIR will need to share the technical details with the testing lab according to the lab requirements within 10 working days.
Once the lab has received all the required details from the manufacturer or AIR, they can test the samples as per the received technical details and submit the test report to Meity; otherwise, the lab shall release the test report and upload the same after completing the possible testing (without the technical documents or details) and close the assignment at the portal.
MeitY will forward the testing results to BIS for further action under the BIS Act and Rules.

Immediate Action Item for Manufacturers/AIR

Manufacturers and AIR are expected to keep the contact details up to date so that the surveillance information is well received, and further details can be shared with STPI on time. If the manufacturer or AIR did not support surveillance, it would be considered a violation of the order, and the case would be forwarded to BIS for necessary action without further notice. It may result in the cancellation of the BIS registration.

Access the official notification here.

Waste Management

CPCB extends the deadline for annual returns under Plastic Waste Management Rules

The Central Pollution Control Board (CPCB) has extended the deadline for filing annual returns for FY 2023–2024 under the Plastic Waste Management Rules. PIBOs and Plastic Waste Processors (PWPs) now have until September 30, 2024, instead of June 30, 2024, to submit their returns on the EPR portal for plastic packaging.

Access the official notification here.

CPCP Extends Deadline for Annual Return under E-Waste Management Rules

CPCB has extended the deadline for filing quarterly and annual returns for the fiscal year 2023-24. All registered producers and recyclers have until August 31, 2024, to submit their returns on the E-Waste EPR portal.

Access the official notification here.

Introducing SOPs and FAQs for New EPR Portal of used Oil Management

In June 2024, the CPCB launched an EPR portal for used oil management.

The Ministry of Environment, Forests, and Climate Change has now released new Standard Operating Procedures (SOPs) and FAQs on their centralized EPR portal for used oil. These SOPs streamline the registration process for Extended Producer Responsibility (EPR) underused oil management, detailing sign-up, form submission, and fee processing.

Access the SOPs here.

Deadline for filing Annual Return under Battery Waste Management Rules Extended

The deadline for filing the annual return for FY 2023-2024 under the Battery Waste Management Rules has been extended from June 30, 2024, to August 30, 2024. Producers must ensure their annual returns are filed on the EPR portal by the new deadline to avoid environmental compensation.

TEC-MTCTE

MTCTE phases III, IV, and V extended!

TEC has extended mandatory certification dates for 5 products under phases 3, 4, & 5. The effective date will be from 1st October 2024 for the products mentioned below:

Smart Electricity Meter
Satellite Communication Equipment
Base Station for Cellular Network for 5G
Hypervisor
P Terminal

Also, TEC has pushed back the date of acceptance of International technical test reports issued by ILAC-accredited labs. The new deadline is the 30th of September 2024. It is to be noted that the test report must be from a non-border sharing nation to India. The products which have been covered are:

Base Station for Cellular Network (up to 4G)
SIM
VHF UHF Radio Equipment System
Base Station for Cellular Network for 5G
E-band Fixed Radio Relay Systems

TEC extends the exemption of a few test parameters in MTCTE

TEC has simplified the testing requirements under MTCTE by exempting a few parameters. For some of these parameters, they will now accept in-house test results and declarations from OEMs.

Additionally, for the following parameters, TEC will now accept in-house test results and declarations from OEMs.

Access the official notification below.

https://www.mtcte.tec.gov.in/filedownload?name=downloadDocument_20240701182149.pdf
https://www.mtcte.tec.gov.in/filedownload?name=downloadDocument_20240701182033.pdf
https://www.mtcte.tec.gov.in/filedownload?name=downloadDocument_20240701173746.pdf

Bureau of Indian Standards- ISI

ITEM1: DPIIT made the ISI Mark Mandatory for Steel Wires or Strands, Nylon or Wire Ropes and Wire mesh

On July 3, 2024, the Department for Promotion of Industry and Internal Trade (DPIIT) announced a Quality Control Order (QCO) in which they made it mandatory for the following products: steel wires or strands, nylon or wire ropes, and wire mesh to carry an ISI mark.

Steel Wire Ropes for General Engineering Purposes (IS 2266:2019)
Steel Wire Suspension Ropes for Lifts, Elevators, and Hoists (IS 2365:2018)
Stranded steel wire ropes for winding and man-riding haulages in mines (IS 1855:2022)
Steel Wire Ropes for Haulage Purposes (IS 1856:2005)
Hot Dip Galvanized Stay Strand (IS 2141:2000)
Wire Ropes Used in Oil Wells and Oil Well Drilling (IS 4521:2001)
Braided Nylon Ropes for Mountaineering (IS 6590:1972)
Galvanized Steel Barbed Wire for Fencing (IS 278: 2009)
Galvanized Steel Wire Galvanized or Steel Wire with a polymer coating (IS 16014:2018)

According to the directive, the order shall come into force on the date of its publication in the Official Gazette, which is July 3, 2024.

Implementation dates for general, micro, and small enterprises (MSEs) are:

(a) Date of implementation in general: December 1, 2024

(b) Date of Implementation for Micro Enterprises: June 1, 2025

This rule is a big step taken by the government to make sure these industries meet high standards, keeping consumers safe and making the industry more competitive.

DPIIT made ISI Mark Mandatory for Bolts, Nuts, and Fasteners

On July 12, 2024, the Department for Promotion of Industry and Internal Trade (DPIIT) announced a Quality Control Order (QCO) in which they made it mandatory for the various products of bolts, nuts, and fasteners to carry an ISI mark.

According to the directive, the order will be officially placed with its publication in the Official Gazette on July 12, 2024.

Implementation dates for general, micro, and small enterprises (MSEs) are:

(a). Date of implementation in general: August 1, 2024

(b). Date of Implementation for Micro Enterprises: February 1, 2025

(c). Date of Implementation for Small Enterprises: November 1, 2024

This rule is a big step taken by the government to make sure these industries meet high standards, keeping consumers safe and making the industry more competitive.

DPIIT made ISI Mark Mandatory for Hinges-

On July 26, 2024, the Department for Promotion of Industry and Internal Trade (DPIIT) announced a Quality Control Order (QCO) in which they made it mandatory for the following products to carry an ISI mark:

Stainless Steel Butt Hinges (IS 12817:2020)
Steel Butt Hinges (IS 1341:2018)
Non-ferrous metal butt hinges (IS 205:1992)
Tee and Strap Hinges (IS 206:2010)
Parliament Hinges (IS 362: 1991)
Continuous (Piano) Hinges (IS 3818:1992)
Steel back flap hinges (IS 3843:1995)
Double-Acting Spring Hinges (IS 453:1993)
Cabinet Hinges (IS 18297:2023)

According to the directive, the order will be officially placed on January 1, 2025.

Implementation dates for general, micro, and small enterprises (MSEs) are:

(a). Date of implementation in general: January 1, 2025

(b). Date of Implementation for Micro Enterprises: July 1, 2025

(c). Date of Implementation for Small Enterprises: April 1, 2025

This rule is a big step taken by the government to make sure these industries meet high standards, keeping consumers safe and making the industry more competitive.

Voice Compliance

TRAI releases Consultation Paper on Framework for Service Authorizations to be Granted Under the Telecommunications Act, 2023

The telecom regulator in the country, the Telecom Regulatory Authority of India (TRAI) has recently come up with a Consultation Paper on the Framework for Service Authorizations to be Granted Under the Telecommunications Act, 2023. Earlier this month, the Government of India, notified the enforcement of the relevant sections of the Telecommunications Act. In reference to the same, the Department of Telecommunications (DoT) directed TRAI to initiate the consultation with the industry stakeholders and various industry associations. And further, share recommendations on the terms and conditions including fees and charges, for authorization to provide telecom services as per the provisions of the Telecom Act.

Through this consultation paper, TRAI has sought answers to a list of 61 questions regarding the formulating of the terms and conditions, associated government fees for authorization, scope of a particular service, etc. The existing licensing framework with the associated scope of service under each license has also been covered in the consultation paper for the stakeholders to envision whether any modifications/ simplifications can be done to improve the ease of doing business.

FSSAI

FSSAI’s New Labelling Guideline: Bold Focus on Sugar, Salt & Fat

The Food Safety and Standards Authority of India (FSSAI) has approved new guidelines requiring packaged foods to prominently display sugar, salt, and saturated fat in bold and larger fonts. This aims to empower consumers with clearer information to combat diseases like diabetes and heart issues, promoting healthier choices.

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