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CHANDRA SHEKHAR Deputy Director General Bureau of Indian Standards New Delhi INDIA www.bis.org.in
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REGULATORY REQUIREMENTS IN INDIA To safeguard health and safety, Government of India promulgates regulatory requirements for manufacture and sale of goods and services, including those imported To safeguard health and safety, Government of India promulgates regulatory requirements for manufacture and sale of goods and services, including those imported Regulations are stipulated through Various Acts/ Rules & Regulations by different Ministries under Government of India Regulations are stipulated through Various Acts/ Rules & Regulations by different Ministries under Government of India Enactment of Acts, Rules & Regulations is done taking cognizance of the relevant WTO Agreements Enactment of Acts, Rules & Regulations is done taking cognizance of the relevant WTO Agreements
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REGULATORY REQUIREMENTS- Key Considerations Regulatory measures should be minimum required Regulatory measures should be minimum required Regulatory measures should have minimum compliance costs Regulatory measures should have minimum compliance costs Regulatory measures should benefit society Regulatory measures should benefit society Regulatory measures should comply with the laws of the country Regulatory measures should comply with the laws of the country
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REGULATORY REQUIREMENTS- Key Considerations (contd) Regulations should be made & enforced in a transparent manner Regulations should be made & enforced in a transparent manner Regulations should be fair and treat all equitably Regulations should be fair and treat all equitably Regulations should be drafted in clear and simple language for understanding of all Regulations should be drafted in clear and simple language for understanding of all Regulatory measures should be flexible for amendments/ revision, if required due to changed circumstances Regulatory measures should be flexible for amendments/ revision, if required due to changed circumstances
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FOREIGN TRADE – QUALITY REGULATIONS IN INDIA FOR IMPORTS: FOR IMPORTS: Directorate General of Foreign Trade Relevant Regulatory Agency BIS for 68 Products FOR EXPORTS: FOR EXPORTS: Export Inspection Council
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SOME ACTS/ REGULATIONS/ CONTROL ORDERS TO REGULATE TRADE IN INDIA AGENCIES INVOLVED Prevention of Food Adulteration Act 1954 (on the pattern of USFDA) Directorate General of Health Services Plant Quarantine (Regulation of Import into India) Order, 2003 Department of Agriculture & Cooperation Insecticides Act Deptt. Of Agriculture and co- operation Fruit Products Order, 1955 Ministry of Food Processing Industries Meat Food Product Order 1973 Ministry of Food Processing Industries Milk and Milk Product Order 1992 Directorate General of Health Services Standards on Weight and Measurement Act 1976 Department of Legal Metrology Bureau of Indian Standards act, 1986 Department of Consumer Affairs, Govt. of India AGMARK Act 1937 Directorate of Marketing and Inspection
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SOME ACTS/ REGULATIONS/ CONTROL ORDERS TO REGULATE TRADE IN INDIA AGENCIES INVOLVED Drugs & Cosmetics Rules Ministry of Health & Family Welfare Textiles Regulation 1988 Ministry of Textiles Export (Quality Control and Inspection) Act, 1963 Export Inspection Council of India Indian Explosives Act,1884 Chief Controller of Explosives Mines Act Directorate General of Mines Safety
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ACTS/ REGULATIONS/ CONTROL ORDERS To regulate trade through Mandatory Certification by BIS PRODUCTS Prevention of Food Adulteration Act 1954 Infant Milk Products, Packaged Drinking Water and Natural Mineral Water The Infant Milk Substitutes, Feeding Bottles and Infant Foods (regulation of production, supply and distribution), Act Plastic Feeding Bottles Bureau of Indian Standards Act, 1986 Electrical Wires, Cables, Appliances and Protection Devices and Accessories Indian Explosive Act,1884Gas Cylinders Bureau of Indian Standards Act, 1986Clinical Thermometers Essential Commodities Act,1955Pressure stoves, Steel Tubes Environment (Protection), Act 1986Compression ignition (diesel) engines Bureau of Indian Standards Act, 1986Cement
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BUREAU OF INDIAN STANDARDS INDIAN STANDARDS INSTITUTION [now known as BUREAU OF INDIAN INDIAN STANDARDS INSTITUTION [now known as BUREAU OF INDIAN STANDARDS( BIS)] set up on 6 JANUARY 1947 STANDARDS( BIS)] set up on 6 JANUARY 1947 BIS is functioning under MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION, GOVT OF INDIA as a statutory body under BIS ACT, 1986 with effect from 1 APRIL 1987 BIS is functioning under MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION, GOVT OF INDIA as a statutory body under BIS ACT, 1986 with effect from 1 APRIL 1987 NATIONAL STANDARDS BODY of INDIA NATIONAL STANDARDS BODY of INDIA OBJECTIVES OBJECTIVES Harmonious, development of standardization and quality control in national and international arena Certification schemes for products and systems Growth and development of Indian industry, commerce and exports Consumer protection
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APPROACH TO STANDARDIZATION Standards formulated by BIS are primarily, voluntary in nature Through various Acts/ Regulations, out of the more than 18 000 standards formulated so far, only 68 standards are subject to Mandatory Certification
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Manufacturers Consumers, Consumers, Government Departments Technologists, Technologists, Regulating Authorities, Testing Laboratories, Consultants, Universities, Other Experts TECHNICAL COMMITTEE STRUCTURE ( Members From) Manufacturers Consumers, Consumers, Government Departments Technologists, Regulating Authorities, Testing Laboratories, Consultants, Universities, Other Experts BASIC APPROACH Consensus Principle Balanced Committee Structure
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STANDARDS FORMULATION- BASIC STEPS Accepted Code of Good Practice of TBT Agreement Accepted Code of Good Practice of TBT Agreement International standards/ their relevant parts are used in standards setting International standards/ their relevant parts are used in standards setting However in case of fundamental technical/ geographical/ climatic problems, standards are set as per national requirements However in case of fundamental technical/ geographical/ climatic problems, standards are set as per national requirements As NSB BIS takes full part in the development of International Standards, relevant to the national needs. As NSB BIS takes full part in the development of International Standards, relevant to the national needs.
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STANDARDS FORMULATION- CONSENSUS & TRANSPARENCY All standards are widely circulated at draft stage All standards are widely circulated at draft stage Period of comments is generally not less than 3 months, Period of comments is generally not less than 3 months, For urgent reasons pertaining to safety, health or environment, period can be reduced For urgent reasons pertaining to safety, health or environment, period can be reduced Drafts documents are hosted on BIS website for public comments Drafts documents are hosted on BIS website for public comments All comments are duly considered by the appropriate authorities All comments are duly considered by the appropriate authorities Programme of Work is published and also hosted on BIS website and is periodically updated Programme of Work is published and also hosted on BIS website and is periodically updated
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STANDARDS FORMULATED OVERVIEW INDIAN STANDARDS PUBLISHED - 18315INDIAN STANDARDS PUBLISHED - 18315 CORRESPONDING ISO/IEC STANDARDS - 5821CORRESPONDING ISO/IEC STANDARDS - 5821 STANDARDS HARMONIZED WITH ISO/IEC STANDARDS (About 76%) - 4449STANDARDS HARMONIZED WITH ISO/IEC STANDARDS (About 76%) - 4449 DIVISIONAL COUNCILS 14DIVISIONAL COUNCILS 14 TECHNICAL COMMITTEES 301TECHNICAL COMMITTEES 301 TECHNICAL EXPERTS 11750TECHNICAL EXPERTS 11750 (Sec. Com+ Sub Com+ Panel) (Sec. Com+ Sub Com+ Panel)
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FIRST DRAFT CIRCULATION TO COMMITTEE MEMBERS P-DRAFT COMMENTS CIRCULATION TO COMMITTEE MEMBERS COMMENTS PUBLIC CIRCULATION COMMENTS NATIONAL STANDARD NEW WORK ITEM MEETING WC DRAFT ADOPTION -- DIVISION COUNCIL F-DRAFT STANDARD MEETING
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CONFORMITY ASSESSMENT PRACTICES
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CERTIFICATION ACTIVITIES OF BIS Operating under an Act of Indian Parliament (BIS Act Operating under an Act of Indian Parliament (BIS Act 1986) 1986) Offers third party assurance Offers third party assurance Based on well defined scheme of testing and Based on well defined scheme of testing and inspection inspection Ensuring adequacy of in-process quality control Ensuring adequacy of in-process quality control
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CERTIFICATION ACTIVITIES OF BIS (contd.) Supported by: Supported by: Testing Laboratories Testing Laboratories BIS Labs Other Labs Accreditation under National Laboratory Accreditation Accreditation under National Laboratory Accreditation Scheme according to ISO/IEC 17025 Scheme according to ISO/IEC 17025 Traceability to APLAC/ILAC. Traceability to APLAC/ILAC.
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CERTIFICATION SCHEME Based on Type 5 of ISO Guide 28 which includes: Type testing and assessment of factory quality control and its acceptance followed by Type testing and assessment of factory quality control and its acceptance followed by Surveillance that takes into account audit of factory quality control, and Surveillance that takes into account audit of factory quality control, and Testing of samples both from factory and open market Testing of samples both from factory and open market
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CERTIFICATION SCHEME FOR FOREIGN MANUFACTURERS Scheme for Foreign Manufacturers 93 licences granted in 16 countries such as France, UAE, South Korea, Nepal, Switzerland, Thailand Bhutan, China,etc. Products certified include Packaged Drinking Water, Cement, Wood Products, Steel Products, Milk Products, Clinical Thermometers, Energy Meters, Electrical Appliances & Switchgear items etc.
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NOTIFICATION PRACTICES Criteria for notification includes assessment of: whether international standard exists or technical content differs from international standardswhether international standard exists or technical content differs from international standards impact of regulation on tradeimpact of regulation on trade whether regulation deals with technical requirements or SPS measures for a product/group of products (relevance under the TBT and SPS Agreements)whether regulation deals with technical requirements or SPS measures for a product/group of products (relevance under the TBT and SPS Agreements) Various sources that are consulted: TBT Agreement, and relevant Committee recommendations and decisionsTBT Agreement, and relevant Committee recommendations and decisions regulatory agency responsible for the regulationregulatory agency responsible for the regulation
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NOTIFICATION PROCEDURES PREPARATION Initiated by regulator of proposed legislations Initiated by regulator of proposed legislations Complete notification format by the Regulatory Body in consultation with Ministry of Commerce Complete notification format by the Regulatory Body in consultation with Ministry of Commerce Clear and descriptive outline of the regulatory proposal Clear and descriptive outline of the regulatory proposal Give adequate time to comment on the proposal Give adequate time to comment on the proposal Reasonable time for adoption of measure Reasonable time for adoption of measureSUBMISSION Prepared notifications are sent to WTO Central Registry of Notifications (CRN) by National Notification Authority Prepared notifications are sent to WTO Central Registry of Notifications (CRN) by National Notification Authority
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MOUs/ MRAs- TOOLS FOR REGULATORY COOPERATION BIS has signed MOUs with 15 countries with a view to Enhance cooperation in standardisation & conformity assessment Facilitate sharing of expertise and mutual trade MRA with SRILANKA : Trade Facilitation
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INDO US COOPERATION INITIATIVE INDO US Portal is a commitment by BIS & ANSI to: Provide common platform for required transparency Facilitate sharing of information on trade issues Provide mutual support at international fora Facilitate harmonisation of Standards & Conformity Assessment Procedures through increased transparency
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REGIONAL COOPERATION INITIATIVES Establishment of SARSO (South Asian Regional Standards Association) Objectives: Coordination & Cooperation between SAARC countries in standards & Conformity Assessment Develop harmonised standards Facilitate intra regional trade Promote MRAs on conformity assessment
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UnitAbbreviation MassKilogram (kg), gram (g), milligram (mg) LengthMetre (m), centimetre (cm), milli metere (mm) AreaSquare metre (m2) CapacityKilo litre (kl), litre (l or L), milli litre (ml) TemperatureDegree Celsius (°C) of Degree Kelvin (°K) VolumeCubic metre (m3), Cubic Centi- metre (cm3) cubic milli metre (mm3) Salient features of the Standards of Weights and Measures Act, 1976 are as follows: · Establishment of the weights and measure based on the SI units, as adopted by the CGPM and recognized by the OIM Provides to prescribe specification of measuring instruments used in commercial transaction, industrial production an measurement involved in public Health and Human safety. The specifications are given in the Standard of weights and Measures (General) Rules 1987.
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he FPO mark is a certification mark mandatory on all processed fruit products sold in India such as packaged fruit beverages, fruit-jams, crushes and squashes, pickles, dehydrated fruit products, and fruit extracts, following the Food Safety and Standards Act of 2006.[1] The FPO mark guarantees that the product was manufactured in a hygienic 'food- safe' environment, thus ensuring that the product is fit for consumption. The standards have been in force since 1955 by the law of Fruit Products Order, after which the mark is named,[2][3][4] but the mark itself got a mandatory status only after the Food Safety and Standards Act of 2006. An FPO license is, in fact, necessary to start a fruit processing industry in India.[5] The agency that develops standards for this purpose and that which issues the mark is the Ministry of Food Processing Industries of the Government of India. FPO
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THANK YOU THANK YOU
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